1. Understand Landlord-Tenant Laws and Issues

2. Understand Landlord-Tenant Laws and Issues
Code Inspection for Healthier Homes
9/13/2018
Understand Landlord-Tenant Laws and Issues
Brainstorm ways inspectors might help residents address identified hazards.
Describe the scope of residents’ and landlords’ ability to invoke change.
 This is an animated slide. Click to reveal each objective for Module 3. Briefly discuss each.
Describe the legal aid referral process. 2
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3. Code Inspection for Healthier Homes
9/13/2018
What do you do when you notice hazards outside the scope of your inspection?
ASK:
What do you do when you notice hazards outside the scope of your inspection?
Give students time to respond. Encourage them to think about what they do when they’re sent to inspect a single issue, but see problems related to another issue.
Ask if their organization has any policies in place for such situations.
Brainstorms ways inspectors might help a resident address an identified hazard without overstepping their boundaries. Write suggestions on a flip chart.
If students need an example, say they might provide the resident with information or resources to help them address the matter on their own, or contact information for organizations that might help. Remind students about the importance of trying to see the situation from the resident’s point of view and take the resident’s situation into consideration before offering any suggestions. 3
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4. URLTA: Uniform Residential Landlord and Tenant Act
Code Inspection for Healthier Homes
9/13/2018
URLTA: Uniform Residential Landlord and Tenant Act
Creates uniform standards for healthy and fair housing
As of October 2008, 21 states had adopted ULTRA in its entirety
Revised in October 2015 (RULTRA)
Remind students that sometimes the problems they see are not necessarily the residents’ fault or responsibility.
EXPLAIN:
URLTA was completed by the Uniform Law Commission (ULC) in 1972.
The complete text of the Uniform Residential Landlord and Tenant Act can be found at the website identified:
As of 2008, URLTA had been adopted by 21 states; many other states have used URLTA for guidance in drafting their own landlord and tenant laws.
(See
However, it is important to be aware of the state and local laws that actually govern landlord-tenant practices in your city, because they may vary importantly from the URLTA and may provide additional protections.
URLTA was updated in October 2015 to fill gaps in the original act. The text of the RURLTA can be found at:
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5. Landlord Responsibilities
Code Inspection for Healthier Homes
9/13/2018
Landlord Responsibilities
NHHS 1.1. The owner has the duty to ensure that the residence and surrounding premises are maintained in a safe and healthy condition.
Which means…?
This is an animated slide. It originally displays with only the title and the code.
Explain that NHHS also provides guidelines related to landlord and tenant rights and responsibilities.
Briefly discuss NHHS Req 1.1.
Click to reveal the question and EXPLAIN:
This means the owner shall:
1.1.1: Ensure the collection of trash and recyclables and provide and maintain trash containers, bulk storage containers, recycling containers, and areas where the containers are stored.
1.1.2: Maintain the building and premises to keep pests from entering the building and dwelling units, inspect and monitor for pests, and eliminate pest infestation in accordance with integrated pest management methods.
1.1.4: Now cause or allow any water, sewage, electrical, or gas service, facility, or equipment required for safe and healthy occupancy to be removed, shut off, or discontinued.
1.1.5: The owner shall investigate occupant reports of unsafe or unhealthy conditions, respond in writing, and make needed repairs in a timely manner.
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6. Tenant Responsibilities
Code Inspection for Healthier Homes
9/13/2018
Tenant Responsibilities
NHHS 1.2. The occupant shall properly use and operate the dwelling unit… in order to maintain a safe and healthy environment…, and report unsafe or unhealthy conditions…in a timely manner.
Which means…?
This is an animated slide. It originally displays with only the title and the code.
Briefly discuss NHHS Req 1.2.
Click to reveal the question and EXPLAIN:
This means the occupant shall:
The occupant shall place trash and recyclables in the appropriate containers.
The occupant shall work with the owner to ensure pest-free conditions in accordance with integrated pest management.
If the occupant’s action leads to pooling of water or another excessive moisture problem inside the dwelling unit, the occupant shall clean up and dry out the area in a timely manner.
Other guidelines, such as the Uniform Residential Landlord and Tenant Action (URLTA), which has been adopted by over 20 states, also stipulate that residents should:
Use facilities and appliances in a reasonable manner
Keep plumbing fixtures clear as condition permits
Not disturb neighbor’s peaceful enjoyment of premises 6
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7. Code Inspection for Healthier Homes
9/13/2018
URLTA Codes To Note
URLTA § 3.103: Access and Entry
URLTA §§ 4.101, 4.103, 4.104: Remedies for Breach by Landlord
URLTA § 4.105: Defense to an Eviction Lawsuit
URLTA § 5.101: Retaliatory Actions and Evictions
This is a animated slide. It originally displays with only the title.
EXPLAIN:
The Uniform Residential Landlord and Tenant Act includes guidelines that stipulate not only the extent to which landlords and tenants are responsible for maintaining a property, but also the tenant’s rights in dealing with the landlord. Even if your jurisdiction has not adopted the URLTA, there are likely similar guidelines in place.
Click to reveal the first bullet, Access and Entry, and EXPLAIN:
You should be aware of the laws governing landlord entry in your state/city. They typically govern for what reasons a landlord may enter, as well as how much and what type of notice is required to enter. In some states, inspecting the property is not a permissible reason, even with notice. Disputes may as to whether the landlord may enter with the code enforcement officer, and it may be useful for officers to be aware of the relevant law. It’s worth noting that a tenant’s willingness to discuss substandard conditions openly may change radically depending on whether the landlord is present. NOTE: This section was expanded in the Revised URLTA.
Click to reveal the second bullet, Remedies for Breach by Landlord, and EXPLAIN:
Again, you’ll want to be familiar with the laws in your jurisdiction, but common guidelines state that where a landlord fails to make repairs, after being given the required notice, a tenant may: (!) do the repairs and deduct the cost from the rent, (2) collect money damages for noncompliance with the lease, or (3)terminate the lease if there are health and safety issues. NOTE: These remedies require certain specific preconditions and written notices under law so tenants aiming to avail themselves of these remedies should seek legal advice and be very careful to meet all legal requirements.
Click to reveal the third bullet, Defense of an Eviction Lawsuit, and EXPLAIN:
If a landlord files an eviction lawsuit because the tenant did not pay rent, the tenant might be able to claim that they do not owe as much rent as is alleged if rental unit is in a poor, unsafe, or unhealthy condition. A thorough inspection report may be useful evidence in court in these cases.
Click to reveal the fourth bullet, Retaliatory Actions, and EXPLAIN:
Code enforcement officers may encounter tenants who are fearful of retaliatory eviction or action by the landlord. This fear may keep tenants from making complaints to landlords or from contacting code enforcement and requesting an inspection, or may prevent tenants from asserting the law pertaining to the landlord’s right to enter the rental unit, and keep tenants from talking freely with code enforcement officers, especially when the landlord is present.
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8. Reasonable Accommodation
Code Inspection for Healthier Homes
9/13/2018
Reasonable Accommodation
Remember:
Federal and state laws require landlords to make reasonable accommodations for persons with disabilities.
EXPLAIN:
A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space.
While reasonable accommodations are required by law, a landlord is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden.
Reasonable accommodations may be necessary at all stages of the housing process, including application, during the tenancy, or to prevent eviction.
For example, individuals who hoard may have a related disabling mental health condition that merits a reasonable accommodation, for example help cleaning or extra time to find assistance to clean and dispose of belongings in order to come into compliance.
Code enforcement may be able to facilitate improved outcomes by providing referrals to or coordination with local social, legal or health services. 8
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9. Code Inspection for Healthier Homes
9/13/2018
Inspection Report
Make it clear and thorough…
…It may play a role in disputes!
EXPLAIN:
Code enforcement reports documenting substandard conditions serve as critical evidence well beyond the immediate code enforcement context, informing rent disputes, habitability lawsuits, and eviction cases.
This is the most obvious function of the report it that it identifies repairs to be made. The most desirable outcome of the inspection is for quality repairs to be made promptly, before any more damage accrues to the health and safety of the occupants and before the property deteriorates any further. When this doesn’t occur, the document itself is an important tool for at least two reasons:
It establishes firmly that a landlord is on notice of substandard conditions .
It serves as objective evidence of substandard conditions in the event of a conflict with landlord
This need for evidence may arise when a tenant withholds rent in order to repair and deduct; during an affirmative habitability lawsuit or constructive eviction case; in security deposit disputes; or to defend against an unlawful detainer suit. [And in rent control jurisdictions, in rent adjustment cases]
Some types of evidence are better than others.
The inspection report is particularly important because there is an assumption that he report gives the complete picture and provides objective information.
Where inspection reports do not clearly evidence code violations that are present, a tenant may find themselves in the undesirable position of explaining to a court or hearing officer why substandard conditions that they claim were present do not show up in the report.
If the inspection is a limited scope inspection (i.e., only looking at a limited subset of housing conditions) then it is useful for the inspection report to indicate this clearly, to alleviate any confusion or apparent contradiction between the report and tenant complaints.
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10. Code Inspection for Healthier Homes
9/13/2018
REMEMBER!
Tenants…
…are not bad housekeepers or unsanitary just because their homes lack the amenities of wealthier households.
…at all income levels are entitled to healthy housing.
… may not have savings available to pay for a security deposit when required to move on short notice.
This is an animated slide. It originally displays only the title.
EXPLAIN:
As tempting as it may be at times, remember that you are not there to judge the residents. You are there to identify code violations and, to the extent possible, suggest ways the residents might address identified hazards.
Click to reveal first bullet, and EXPLAIN:
It is important that code enforcement officers not identify tenants as being ‘bad housekeepers’ or cite them for code violations simply because homes may not have the same amenities as homes occupied by wealthier families. For example, families without storage units or garages or specialized storage module may have homes that contain more belongings than families who have these storage amenities. However, this alone does not merit a citation. Similarly, the presence of older or worn furniture should not be taken to indicate that tenants do not care for their homes. It is important not to mistake trappings of poverty with poor tenant behavior or poor sanitation.
Click to reveal second bullet, and EXPLAIN:
Low income families are entitled to healthy housing and shouldn’t be required to live with structural violations or non-functioning systems any more than wealthier families. It is important to be equally stringent in citing structural violations regardless of the wealth or other living conditions of the family.
On the flip side, tenant caused health and safety issues and code violations related to poor housekeeping are a reality and do have to be addressed.
Click to reveal third bullet, and EXPLAIN:
In the worst instances where code enforcement activity results in ‘red-tagging’ of a property/displacement of a tenant, it is useful for code enforcement officers to be informed of any applicable relocation ordinance and able to refer tenants to the appropriate municipal department for help under the relocation ordinance. Many low income tenants do not have savings available to pay for a security deposit when required to move on short notice; this can be a significant obstacle to re-housing if relocation funds are not immediately available.
In addition to the negative consequences of unhealthy housing, there are negative health consequences associated with displacement and homelessness.
Opportunities to engage the tenant regarding cleaning and cleanliness issues do exist during occupant complaint driven inspections. You can educate occupants in addition to citing the owner to reinforce the subject issue. In these inspection environments, whether it’s part of a renewable Certificate of Occupancy or Rental Registry, the goal is to ensure the property is safe and being properly maintained. 10
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11. Code Inspection for Healthier Homes
9/13/2018
Legal Aid In Your Area
You will need to research legal aid in the city where you are teaching. If Legal Aid offers services for the area, update the slide to include information about those services and the referral process.
EXPLAIN what legal aid is:
Provides legal assistance for landlord-tenant and housing issues
Eligibility for services based on household income
Can assist with housing cases that threaten public benefits or health
Discuss the local legal aid procedures, and give students the opportunity to share information with each other. Does anyone have any concerns? Any questions? Any best practices to share?
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12. Code Inspection for Healthier Homes
9/13/2018
Use Your Resources
Your student manual
National Center for Healthy Housing
Healthy Housing Training Center and Network
Federal resources
Local resources
Remind students that there are lots of resources available, to them and to the residents whose homes they inspect.
A list of resources is included in their Student Manuals. Trainers might also want to identify specific resources to share with students. You can create a new slide listing any of the following, as well as local or other resources.
Asbestos:
Child Health Protection:
Indoor Air: or
Lead: or LEAD ( )
Pesticide: or
Safe Cleaning Products:
Septic Tanks:
(for fact sheets)
(repository of all adopted ordinances by municipality nationwide)
Federal Organizations
U.S. Consumer Product Safety Commission
Playground Safety Checklist:
U.S. Department of Agriculture
Cooperative State Research, Education, and Extension Service: 2016Jan_TG or
U.S. Fire Administration
Home Fire Safety:
Carbon Monoxide:
U.S. Department of Health and Human Services
Quit Smoking: or QUIT-NOW ( )
Office of the Surgeon General:
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13. Healthy Take-Home Messages
Code Inspection for Healthier Homes
9/13/2018
Healthy Take-Home Messages
There is a link between health and housing.
The “Health Homes” movement encourages a holistic approach to understanding this link.
There are codes to help identify and resolve housing related hazards.
Legal Aid and other agencies can be a valuable resource when dealing with code violations.
There are resources to help code inspectors meet the needs of the clients they serve.
You can review at the end of this section. Click to reveal each bullet point.
There is a link between housing and health
Certain groups are at greater risk for adverse health effects.
There are basic public health and housing principles that can help us understand the link between housing and health.
The “Healthy Homes” movement is a holistic approach to promote health through better housing.
Codes and regulations are tools that can help you achieve healthier housing in your community. 13
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