Federal law prohibits violations of housing civil rights.
The Fair Housing Act prohibits landlords from discriminating based on race, nationality, sex, familial status, religion, or handicap.
The Department of Housing and Urban Development, the federal housing agency, promotes affordable housing and consumer protection. In 2021, HUD, allied federal agencies, and private nonprofit fair housing organizations received 31,216 fair housing complaints, up 8.7% from 2020, according to the National Fair Housing Alliance’s 2022 Fair Housing Trends Report.
State and municipal laws may protect federally protected rights more than federal law. “Source of income is not protected federally, but it is protected locally (in the District of Columbia),” says Aaron Sokolow, a landlord-tenant law attorney and partner at Battino & Sokolow PLLC in Washington, D.C. The District of Columbia Human Rights Act protects income, domestic violence victim status, political affiliation, and other classes from housing discrimination.
State and local laws outline many tenant rights.
If you feel mistreated, check your state’s tenant and landlord rights laws. Tenant rights vary nationwide because state or municipal governments primarily govern them.
You deserve livable conditions.
All tenants have a right to a habitable place with working plumbing, electricity, and heat. Beyond these basics, state laws vary on what landlords must supply and what tenants can do if their needs are not satisfied.
“How long the repair would take depends on the issue,” Sokolow explains. If there’s a flood and no running water, replace it immediately.” However, a multi-step repair may take longer. Sokolow recalls replacing a window that had to be custom-constructed to fulfill neighborhood historic preservation rules. In such a case, the court considered six months reasonable for repair. In court, you can allege constructive eviction, meaning the landlord evicted you by not fixing the property if it’s unsafe. However, constructive eviction rules differ by location. You should know the local law before making any choice, hoping you’ll win.
A landlord must follow safety rules.
Many state and city regulations compel landlords to maintain livable conditions and guarantee their property satisfies safety standards to prevent injury, death, and victimization. These include working locks and windows, smoke alarms in bedrooms, and fire exit windows in any bedroom. Because housing codes change regularly, landlords won’t have to update ancient properties. Local or state legislation may compel the landlord to disclose the possibility of lead paint under modern paint layers in the lease and measures for tenant notice if exposed.
When a lock or smoke detector breaks, tenants should contact their landlord. Suppose the landlord fails to address the issue quickly. In that case, most state statutes that define these details include safety threats as a condition of livability, so follow the same approach as a malfunctioning heater or shower.
You Must Pay Rent
When rent stops, landlords can evict for any reason. Some state or local rules allow landlords to cut rent or prorate for unlivable days. Refusing to pay rent to get your landlord to do repairs or other work could lead to eviction. Though DC has a housing court, Sokolow argues that housing circumstances might be a defense against eviction.
If something is broken and you have given your landlord repeated notice and ample time to fix it, you can personally have it repaired or replaced and deduct the cost from your next month’s rent in many states, including Georgia and California. However, deducting might be risky, so consult a lawyer first. A worst-case situation could leave the tenant homeless and with the repair bill.
Changes during pandemic
Federal, most state, and municipal eviction moratoriums from the early COVID-19 outbreak have ceased. However, several jurisdictions have made pandemic-era eviction regulations permanent. In November 2023, the Michigan Supreme Court made two pandemic eviction rules permanent. The order allows virtual hearings and more time for tenants to get housing assistance. Laws vary by state. Could you check your local laws to determine if permanent changes have simplified renting or defending eviction?
Signed Leases Don’t Trump Law
Landlords may not know tenant and landlord rights or try to exploit your ignorance. The landlord or law cannot enforce fraudulent lease rules that infringe on tenant rights. Georgia law prohibits landlords from charging tenants for significant repairs like water or plumbing. The court would reject a landlord’s attempt to enforce that lease provision.
You Must End Your Lease Legally
Many states have legislation about how long a landlord must give a tenant notice before raising rent or terminating the lease. You’ll need to tell your landlord your plans to leave before you can stop paying rent.
According to Michael Romer, managing partner of Romer Debbas LLP in New York City, most month-to-month leases require a 30-day notice for termination. Your state may have legislation about when renter and landlord must give notice of plans to depart, renew, or raise rent for a year or more lease. Yearlong leases often demand 60 days’ notice.