Evicting Tenants Who Call 911
DOJ Considers Legal Consequences for Landlords
Once again, a notable aspect of eviction policy and procedure is shifting, and California landlords need to pay attention.
The U.S. Department of Justice (DOJ) is turning its gaze toward a practice that may have flown under the radar for years: evicting tenants who call 911. As it has continued for years, it’s now being recognized as a systemic issue tied to so-called “crime-free” and “anti-nuisance” ordinances that exist in cities across the nation, including here in California.
Often touted as tools for maintaining safe communities, these ordinances have a dark side. They can lead to tenants being evicted for seeking help during emergencies or reporting crimes. The DOJ is now considering legal action against landlords who use these ordinances as grounds for eviction, viewing such actions as potentially retaliatory and discriminatory.
This development is a call to action for California property managers and landlords. Our state has long been at the forefront of tenant protection, but this federal scrutiny adds a new layer of complexity to property management practices. Understanding these potential legal consequences is important, whether you’re overseeing a small duplex in Sacramento or managing a large apartment complex in Los Angeles.
Let’s explore what these ordinances entail, why they’re problematic for the DOJ (and its alleged victims), and, most importantly, what you need to do to prepare for and avoid potential legal action.
The rules of the game are changing, and staying informed is your best defense.
*This article is for educational purposes only and does not constitute legal advice. Educating yourself is very important and will streamline and reduce your legal risk. However, seeking professional legal counsel consolidates your efforts and pre-emptively ensures compliance whenever issues inevitably arise.
Understanding the DOJ’s Stance
The Department of Justice’s recent scrutiny of “crime-free” and “anti-nuisance” ordinances stems from deep-rooted concerns about discriminatory housing practices. These ordinances, the DOJ argues, disproportionately affect communities of color, domestic violence survivors, and individuals with disabilities, potentially violating several federal laws.
At the heart of the DOJ’s argument is the Fair Housing Act. This landmark legislation prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. The DOJ contends that ordinances penalizing tenants for 911 calls can indirectly discriminate against protected groups, who may be more likely to need emergency services.
The DOJ also points to potential violations of the Americans with Disabilities Act (ADA) and the Violence Against Women Act (VAWA). Under the ADA, penalizing tenants for calling 911 due to mental health crises or medical emergencies could be seen as discrimination against individuals with disabilities. Similarly, VAWA protects victims of domestic violence from housing discrimination, including eviction, based on the actions of their abusers.
Recent legal actions highlight the seriousness of this issue. In Minnesota, the city of Anoka paid $175,000 to settle a lawsuit involving tenants with disabilities who faced eviction threats after calling 911, including during suicide attempts. In California, the city of Hesperia repealed its no-crime ordinance in 2022 following a DOJ lawsuit, with nearly $1 million set aside for affected tenants and fair housing groups.
These cases underscore the DOJ’s commitment to challenging ordinances they view as discriminatory. For California landlords, these developments signal a need for caution and a thorough review of eviction practices, especially those related to emergency calls or police involvement.
“Crime-Free” and “Anti-Nuisance” Ordinances
“Crime-Free” and “Anti-Nuisance” Ordinances
“Crime-free” and “anti-nuisance” ordinances are local laws adopted by many municipalities across the United States, including some in California. These ordinances aim to reduce criminal activity and maintain neighborhood quality of life by holding property owners accountable for tenant behavior.
Typically, these ordinances require landlords to take action against tenants whose activities are deemed disruptive or criminal. The definition of “nuisance” can vary but often includes excessive noise, drug-related activities, or repeated police calls to the property. Many of these ordinances use 911 call records as a metric for identifying problematic tenants.
For example, an ordinance might stipulate that if a property receives three or more 911 calls within a six-month period, it’s labeled a nuisance. The landlord is then required to “abate” the nuisance, which often means evicting the tenant responsible for the calls.
While these ordinances may seem neutral on their face, they can have a disparate impact on marginalized communities. Low-income neighborhoods and communities of color often experience higher crime rates and may need to rely more frequently on emergency services. This puts these communities at greater risk of triggering nuisance violations, even when calling for legitimate help.
Domestic violence survivors are particularly vulnerable under these ordinances. Repeated calls to police for protection can ironically lead to their eviction. Similarly, individuals with disabilities who may need frequent medical assistance can find themselves at risk of losing their homes simply for seeking necessary emergency care.
The reliance on 911 call records also raises privacy concerns. Tenants may not be aware that their emergency calls are being tallied and could impact their housing stability. This can create a chilling effect, discouraging people from seeking help when they genuinely need it.
Understand that while these ordinances may exist in your municipality, they don’t supersede federal fair housing laws or state tenant protections. Blindly enforcing such ordinances without considering the circumstances behind 911 calls could lead to discriminatory practices and potential legal challenges.
DOJ’s Perspective on Tenants
The impact of “crime-free” and “anti-nuisance” ordinances on tenants can be severe and far-reaching. These policies, intended to promote safety, often have the opposite effect by discouraging residents from seeking help in emergencies and potentially leading to wrongful evictions.
For many low-income renters, an eviction doesn’t just mean losing their current home—it can make finding future housing nearly impossible. Eviction records, regardless of the circumstances, often serve as red flags for potential landlords, creating a cycle of housing instability that can be difficult to break.
Domestic violence victims face a particularly cruel dilemma under these ordinances. Forced to choose between their safety and their housing, many victims may opt not to call for help during dangerous situations. This silence can lead to escalating violence and put lives at risk. The fear of eviction effectively traps victims in abusive situations, directly contradicting the intent of laws designed to protect them.
Individuals with disabilities also bear a disproportionate burden under these policies. Those with chronic health conditions or mental health issues may need to call emergency services more frequently. Under nuisance ordinances, these necessary calls for medical assistance can jeopardize their housing stability.
Despite the hardships these ordinances impose on tenants, there’s a notable lack of evidence supporting their effectiveness in reducing crime. Studies have failed to show a significant correlation between these policies and decreased criminal activity. Instead, they often merely displace issues to other areas or drive them underground, where they become harder to address.
Recognize that evicting tenants based solely on 911 call frequency, without considering the context of those calls, can lead to unintended consequences. Beyond violating housing laws, it can also erode community trust and safety.
A more nuanced approach, one that prioritizes tenant well-being and open communication, is likely to be more effective in addressing genuine nuisance issues while protecting vulnerable residents.
Furthermore, the last condition you want to create on your property is one where crime goes unchecked.
The Landlord’s Perspective
The challenge of addressing nuisance issues is real. Disruptive tenants can negatively impact the quality of life for other residents and potentially decrease property values. Landlords often feel pressure from other tenants and sometimes local authorities to take action against problematic residents. However, the line between legitimate property management and potential discrimination can be thin and often blurry.
This situation creates a potential conflict between property rights and tenant protections. While landlords have the right to protect their investments and maintain order on their properties, tenants have the right to feel secure in their homes without fear of arbitrary eviction. Striking the right balance requires careful consideration and often, legal expertise.
Given these challenges, landlords can explore alternative strategies for addressing nuisance issues without relying on 911 call records. Here are some approaches to consider:
- Clear Communication: Establish open lines of communication with tenants. Often, issues can be resolved through frank, respectful discussions before they escalate to the point of needing police intervention.
- Mediation Services: Consider offering or recommending mediation services for disputes between tenants. This can help resolve conflicts without involving law enforcement.
- Community Building: Organize community events or programs that foster a sense of belonging among tenants. When residents feel invested in their community, they’re often more considerate of their neighbors.
- Proactive Maintenance: Regularly inspect and maintain properties. Many nuisance issues stem from maintenance problems that, if addressed early, can prevent larger conflicts.
- Clear Lease Terms: Ensure that lease agreements clearly outline expectations for tenant behavior, noise levels, and the process for addressing complaints.
- Support Services: For tenants experiencing personal challenges, consider providing information about local support services, such as counseling or addiction treatment programs.
By adopting these strategies, landlords can often address nuisance issues effectively without relying on punitive measures that might cross the boundaries of fair housing laws. This approach protects landlords from potential legal issues while also fostering a more positive, stable living environment for all tenants.
Remember, the goal is to create safe living environments while respecting the rights and dignity of all tenants – and maintaining profitable investments. This may require more effort upfront, but it can lead to better outcomes for both landlords and tenants in the long run.
Implications for California Landlords
The DOJ’s stance on “crime-free” and “anti-nuisance” ordinances signals a notable moment for California landlords to reassess their policies and practices. With the potential for increased scrutiny and legal action, you can step ahead of the changes and ensure your property management approach aligns with this development – or is, at least, ready to accommodate it.
First, review your current policies regarding 911 calls and evictions. If you’ve been relying on local ordinances that penalize tenants for emergency calls, it’s time to reconsider this approach. Remember, California law provides strong protections against retaliatory evictions, and using 911 calls as a basis for eviction could be viewed as retaliation.
When eviction becomes necessary, document legitimate reasons unrelated to 911 calls. Focus on concrete lease violations such as non-payment of rent, property damage, or illegal activities that you can prove without relying on emergency call records. Keep detailed records of all tenant interactions, complaints, and lease violations. This documentation can be invaluable if you need to defend your actions in court.
Be particularly cautious when dealing with tenants who may belong to protected classes under fair housing laws. This includes individuals with disabilities, domestic violence survivors, and families with children, among others. Evicting these tenants based on their use of emergency services could be seen as discriminatory.
If you’re unsure about the legality of your policies or a specific eviction case, don’t hesitate to consult with Mehigan Law. California’s tenant protection laws are complex and constantly evolving.
Consider implementing a written policy that explicitly states that tenants will not face adverse action for making good-faith calls to emergency services. This not only protects your tenants but also demonstrates your commitment to fair housing practices.
Lastly, stay informed about changes in local, state, and federal housing laws. What was acceptable practice in the past may not be permissible now or in the future.
You can protect your interests as a landlord while also ensuring that your tenants feel safe and secure in their homes.
Key Takeaways
Here are the crucial points to remember:
- The DOJ is taking a firm stance against “crime-free” and “anti-nuisance” ordinances that may lead to discriminatory evictions.
- These ordinances can disproportionately affect marginalized communities, domestic violence survivors, and individuals with disabilities.
- Relying on 911 call records for eviction decisions can violate federal and state fair housing laws.
- Landlords must balance maintaining safe properties with respecting tenant rights and protections.
- Alternative strategies, such as clear communication and community building, can often address nuisance issues more effectively than punitive measures.
The consequences for engaging in retaliatory evictions can be severe, including legal action from the DOJ, financial penalties, and damage to your reputation as a landlord. Prioritize fair housing practices in all aspects of your property management.
Proactively address tenant concerns and foster open communication to prevent many issues from escalating to the point of needing emergency services.
Mehigan Law
Mehigan Law is committed to keeping California landlords informed and compliant with the latest developments in housing law. We analyze new laws, court decisions, and regulatory guidance to understand their implications for our clients.
Don’t let legal uncertainties put your property investments at risk. Contact Mehigan Law today to ensure your practices are up-to-date and compliant with the latest fair housing requirements.
