Nuisance and Crime-Free Housing Ordinances
Many municipalities have enacted nuisance or crime-free housing ordinances. While the existence of this types of ordinance is, in itself, not discriminatory, nuisance and crime-free ordinances may be implemented or enforced a way that violates the Fair Housing Act.
Nuisance ordinances typically label various types of conduct associated with a property “nuisances” and require landlords to abate a nuisance, often by evicting the tenant, under the threat of a penalty such as fines or loss of rental permits. Nuisance conduct under these ordinances often includes a specific “excessive” number of calls for emergency services within period of time, either by a tenant or third party such as a neighbor. Many such ordinances do not exempt calls where the person in need of services is a victim of domestic violence or another crime or is otherwise in need of police, medical, or other emergency assistance or differentiate whether the resident is a perpetrator or victim of domestic violence of other crimes.
Similarly, crime-free housing ordinances typically require or promote the use of crime-free lease provisions and similarly penalize landlords who fail to evict tenants when a violation of federal, state, or local law has occurred on or near the property or by a tenant, resident, or guest. Crime-free ordinances may define lease violations broadly and/or ambiguously and may require landlords to evict tenants based on an arrest alone.
The enactment or enforcement of nuisance and crime-free housing ordinances may constitute a violation of the Fair Housing Act in several circumstances. These types of ordinances may be passed for a discriminatory reason, for example in response to resident fears or biases regarding racial or ethnic minorities, families with children, or other protected classes, or may be selectively enforced against residents who are members of protected classes. Nuisance or crime-free ordinances may also be implemented in a way that results in a discriminatory effect on victims of domestic violence, people with disabilities, or elderly individuals who have a need for more frequent emergency services that the general population. Local governments must ensure that these types of ordinances are enacted only for legitimate, nondiscriminatory reasons and that they are enforced in a way that does not disproportionately affect members of protected classes.
If you live in Philadelphia, Southeast Pennsylvania or Lehigh Valley and have questions about fair housing nuisance ordinances, contact info@equalhousing.org, 866-540-FAIR or complete an online form.
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