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NEWS
Federal Laws that Apply to All Landlords
For laws specific to your state, you will need to use our state-specific sites and refer to your specific state laws. Our state sites (some still under construction!) will answer your state-specific questions. Some landlord-tenant issues, however, are rooted in federal law, thus the laws apply in all states. Note that each state may have laws that are more stringent than federal law. Here are some examples of federal laws that apply to all landlords and tenants:
Fair Housing Laws:
Fair Housing Act (click here to read the law) Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act) prohibits discrimination in the rental, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). For specific information on tenants’ rights under the Fair Housing Act, Click Here
Title VI of the Civil Rights Act of 1964
Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.
Section 504 of the Rehabilitation Act of 1973
Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.
Section 109 of Title I of the Housing and Community Development Act of 1974
Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.
Title II of the Americans with Disabilities Act of 1990
Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.
Architectural Barriers Act of 1968
The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.
Age Discrimination Act of 1975
The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.
Title IX of the Education Amendments Act of 1972
Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance.
Advertising: In 1995, HUD issued guidelines for landlords to use in advertising property to insure the landlords’ compliance with federal fair housing laws. This memo may be read here
After September 11, 2001, landlords and property managers began developing security policies as a result of their concern for the possibility of future terrorist attacks. As they develop these policies, landlords and managers must be sure their policies do not infringe on the fair housing rights of current or potential residents. Since the attacks of September 11, 2001, persons who are, or are perceived to be, of Muslim or of Middle Eastern or of South Asian descent have reported increased discrimination and harassment, sometimes in connection with their housing. To help address their concerns, a document was developed to answer questions regarding housing discrimination that have come up since September 11, 2001. You may view this document here
Lead-based Paint
At the direction of Congress, who recognized that tenants have a right to know about potential lead hazards in the homes they rent, the EPA and HUD developed disclosure requirements for landlords to make to their tenants when leasing homes built prior to 1978. These requirements became effective in 1996. To read the rules and obtain the forms for disclosure, you may go here.
Fair Credit Reporting Act
To help landlords comply with the federal Fair Credit Reporting Act (FCRA), the Federal Trade Commission developed "Using Consumer Reports: What Landlords Need to Know." This document provides guidance for landlords and property managers who use reports from credit bureaus and tenant screening services in deciding whether to rent to tenant applicants.
Section 615(a) of the FCRA requires landlords, when they decline to rent to a rental applicant based in any way on a "consumer report" from a "consumer reporting agency," to provide an adverse action notice to that consumer. The law requires landlords (and their managers) to provide tenant applicants with a notice that informs the applicants that they have been denied, identifies the consumer reporting agency that provided the report that contributed to the landlord/manager's action, and outlines the applicant’s rights under the FCRA. The complete "Using Consumer Reports: What Landlords Need to Know" guide is available from the FTC's Web site at www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580.
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Immigration Laws
The Federal Immigration and Nationality Act governs the activities of "illegal aliens" and imposes penalties on those persons who assist them. Section 8 USC 1324 Section(a)(1)(A)(iv) provides that "Any person who encourages or induces an illegal alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law" shall be punished according to Section 8 USC 1324(b) for each illegal alien in respect to whom such a violation occurs, including fines, imprisonment or both.
In contrast to the federal law, some state laws prohibit inquiring about an applicant’s citizenship status. For example, the California Civil Code §1940.3 forbids local governments from requiring a landlord or manager to ask about immigration status and from declining to rent to undocumented aliens, or from taking any other action based on citizenship or immigration status. This code section further prohibits a landlord or manager from inquiring about immigration or citizenship status, and prohibits a landlord or manager from requiring any statement, representation or certification about the applicant’s status. Landlords and managers, in an effort not to request information that may reveal citizenship or immigration status unless it is needed to verify financial qualifications or identity, must realize that a social security number is not always necessary, since credit history can also be verified if the applicant provides a U.S. government issued tax identification number. A request for a “government-issued” photo identification is a good way to verify identity without violating the law in California.
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Subsidized Housing
Some Federal laws apply or have additional provisions that are applicable to landlords who receive certain funding, such as rental assistance, from the federal government. One such program with which you may be familiar is known as Section 8 of the Housing Choice Vouchers Program. The Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act all set forth additional requirements for landlords with tenants accepting government rental assistance.
Mold
Despite the lack of specific legislation related to mold, mold has been the subject of countless lawsuits, many involving landlords and tenants, in the last ten or more years. The Environmental Protection Agency maintains a website dedicated to education about the topic of mold herel. In an effort to protect themselves from liability where mold is concerned, many landlords and tenants have given their tenants the EPA booklet, "A Brief Guide to Mold, Moisture, and Your Home" as part of their disclosure procedures when renting residential property.
Carbon Monoxide Detectors to be Required by California Law
By Jan Leasure
To prevent carbon monoxide poisoning, Senate Bill 183 was signed into law by Governor Arnold Schwarzenegger on May 7, 2010. This bill will require carbon monoxide detectors in all existing California homes by July 1, 2011. and apartments by January 1, 2013. The new law covers single-family housing, factory-built homes, condominiums, and apartments that have a "a fossil fuel burning heater or appliance, fireplace, or an attached garage". That means any heater, appliance or fireplace that burns coal, kerosene, oil, wood, fuel gases, and other petroleum or hydrocarbon products, which emit carbon monoxide as a byproduct of combustion. In other words, unless the home is an all-electric home with a detached garage, it is covered by this law.
The carbon monoxide detector may be battery-powered, a plug in type, or it can be hard-wired with a battery backup. It can be combined with a smoke detector, but, if it is, it must emit "an alarm or voice warning in a manner that clearly differentiates between a carbon monoxide alarm warning and a smoke detector warning." According to the new law, the State Fire Marshall is to certify and approve both the devices and their instructions, so property owners must install a detector that has been certified by the Fire Marshall. Once the Fire Marshall identifies the approved detectors, it will then be illegal to sell detectors that have not met the Fire Marshall's certification requirements.
Fair Housing and the Holidays
By Jan Leasure
The Civil Rights Act of 1968, Title VIII of the Federal Fair Housing Law provides people the right to inherit, purchase, lease, sell, hold and convey both real and personal property regardless of race, color, religion, sex, national origin, handicap, or familial status. California laws add marital status, citizenship status, military status, ancestry, age, sexual orientation, medical condition, source of income and physical and mental disability to the list of those protected from discrimination.
While we want to be on our guard against inadvertently making a fair housing violation at any time during the year, the holiday season presents additional opportunities to unintentionally discriminate, especially where religion is concerned. To avoid violation of federal and state fair housing laws, landlords and property managers must avoid expressing a preference for one religion over another or giving an advantage to one resident over another because of religious preferences. Let's see how that could happen.
It is common during this time of year to distribute holiday cards and/or gifts. Fair housing laws do not prohibit the giving of cards or gifts. But to avoid a violation, you should select cards and gifts that do not contain religious references or express a preference for one religion over another. For example, you should select cards that say, "Happy Holidays," or "Season's Greetings," as opposed to cards that say, "Merry Christmas." You may think you know the religious preferences of your residents, especially if you have only a few rentals. However, it is better not to take a chance on making a mistake and offending someone. You may have residents who are not religious or do not celebrate religious holidays, such as Jehovah's Witnesses. Some property managers, in an effort to keep their names and numbers in front of their clients, distribute calendars during December. Be sure that the calendar does not have any religious overtones to its design. If you want the calendar to reflect the holiday season, it could, perhaps have a poinsettia on it or a snowman, as opposed to a nativity scene. And certainly, if you send or distribute cards and/or gifts to any of your residents, be sure to distribute them to all of your residents. Do not leave any resident out because of his religious belief or lack of religious belief.
If you operate your landlording or property management business from an office where you regularly see clients, residents, and prospective residents, be sure that any holiday decorations you use are not religious in nature. Like your holiday cards, your signage should say, "Season's Greetings" or "Happy Holidays," as opposed to "Merry Christmas" or "Happy Hanukkah." Decorate with candy canes and snowflakes as opposed to a creche. If you put up a tree, decorate it with non-religious ornaments. Even a star on top might be questionable, so don't take a chance on offending someone. The holiday tree that is displayed in our office this year is decorated with little "house" ornaments, representing the property management business. You could also do a seashell theme, a Sesame Street theme, a zoo theme, etc.
On the other hand, it is perfectly acceptable to permit your residents to display any type of holiday decorations they prefer, even religious ones. If you do have any rules regarding what can be hung or displayed on your properties, be sure to apply your rules equally among all your residents, and be sure that your rules do not express a preference for any religion.
And finally, do not ask your residents' children what Santa Claus is going to bring them. While this question is not religious in nature, it does reflect cultural preferences. Some parents elect to promote the Santa Claus legend, and some do not. One of my friends elected to explain to her daughter at a very early age that Santa Claus is a fun, but mythical character associated with Christmas. So at three years old, when asked by an adult what Santa was going to bring her for Christmas, her daughter replied, Well, first of all, Santa Claus is not real. And second, Christmas is not about getting gifts, whereby she proceeded to explain what she had been taught that Christmas is all about! I'm not sure how I would have responded to that!
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