LANDLORD NIGHTMARE SOLVED

LANDLORD NIGHTMARE SOLVED

Hoarding.  Residential (and even some commercial) landlords have had to deal with it.  It is a nightmare for all involved.  The tenant accumulates stuff.  Despite landlord notices, the tenant does not/cannot clean up the premises.  Other tenants, city officials and neighbors have reached their ability to cope with the hoarding causing problems.  There’s a solution:  receivership.

The balance between accommodating a tenant’s disability and ensuring a safe living (or even commercial) environment is a delicate one and requires careful consideration of both federal and local regulations.  It takes effective management and mitigation of the impact of the conditions, as well as taking an overall view of the situation holistically to create lasting change.  There are a lot of federal, state, and local laws relevant to hoarding in California.

Federal Fair Housing Act and Hoarding

The Federal Fair Housing Act (FHA) says:

  • •Hoarding Disorder as a Disability that protects individuals with hoarding disorder, ensuring they are not unfairly denied housing or evicted solely based on their condition.

  • •Landlords must provide Reasonable Accommodations for tenants with hoarding disorder.

But tenants are not exempt from:

  • •Compliance with Health and Safety Standards.

  • •Severe health or safety issues, such as unsanitary living conditions or structural damage, require landlords to address the matters based on local laws.

State and local laws offer methods to comply with the FHA and address hoarding concerns for landlords.

 

State and Local Laws

California’s regulations require that properties are maintained so as not to pose risks to public health like:

  • •Fire Hazards

  • •Structural Integrity

  • •Sanitation and Cleanliness

  • •Pest Infestations

  • •Inadequate Ventilation

  • •Access to Utilities

Cities and counties typically have nuisance ordinances (including related to hoarding) that seek to maintain public health and safety by requiring landlords to address unsanitary or hazardous conditions.  California Penal Codes 372 and 373a PC specifically address public nuisances, including those resulting from hoarding:

Penal Code 372:

  • •This code section makes it illegal to create or maintain a public nuisance.

  • •In the context of hoarding, this could mean that a landlord and/or tenant could face legal action if their hoarding results in conditions deemed hazardous to the public.

Penal Code 373a:

  • •This code section addresses the failure to remove a public nuisance.

  • •If a property affected by hoarding is not addressed in a timely manner, the landlord may face legal action to compel the removal of hazardous conditions.

Penal Code 597t:

  • •Animal cruelty/hoarding resulting in neglect and suffering can result in fines of up to $20,000.

  • •Imprisonment for up to one year, or both a fine and imprisonment.

  • •Felony convictions can lead to the forfeiture of gun ownership rights.

On one hand, the FHA gives the tenant protections, on the other hand, state and local laws protect the broader community.

 

Solution:  Receivership

Receivership can be employed in legal cases involving a hoarder property.  The Receiver is a court-appointed neutral third party directed to take control of the property and manage its cleanup and maintenance.  This receiver is responsible for assessing the property, coordinating necessary repairs or sanitation, and ensuring compliance with health and safety regulations.  The must mitigate immediate hazards while allowing the landlord to retain some involvement in the process.  The receiver is empowered and must act in the best interest of both the property and the broader public community to ensure the property is restored to a condition that meets legal and safety standards.

 

Epps & Coulson, LLP can help.  If you have a residential or commercial hoarder situation, please call us.  We are available to help you navigate all your matters to ensure compliance.  Contact Dawn Coulson at: dawn@eppscoulson.com for any questions you may have.

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is likely considered advertising.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.  Epps & Coulson, LLP’s dedicated professionals are available to help you navigate all your employment, business and real estate matters:  dawn@eppscoulson.com.

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