Landlord/Tenant Rights and Fair Housing Christie Marra Staff Attorney in Housing Family, Child Welfare Law Virginia Poverty Law Center Deanna Lavery and.

Landlord/Tenant Rights and Fair Housing

Christie MarraStaff Attorney in Housing Family, Child Welfare Law

Virginia Poverty Law Center

Deanna Lavery and Brandi PayneFair Housing Specialists

Housing Opportunities Made Equal of Virginia

(c) HOME 2012

Disclaimer

(c) HOME 2013

The information provided today is not legal advice, and no attorney/client relationship arises from this presentation. The presentation is meant to cover basic housing counseling information and not provide advice about specific situations.

Legal Aid Justice Center Richmond: 804-643-1086

Central Virginia Legal Aid Society, Richmond: 804-344-9857

Landlord and Tenant Rights and Responsibilities

(c) HOME 2013

Rentals: The New Reality

(c) HOME 2013

• Homeownership is down, rentals are booming

• Minority groups and the youth are becoming the majority

• Economic decline has led to new techniques about building long term wealth

What is a Lease?

A lease agreement is a legally binding contract between a tenant and a landlord. The lease contains all of the agreed upon rules and provisions that will govern both the tenant and the landlord during the term of the lease.

***Sometimes leases will include rules that are listed in a separate document without including

the actual document in the lease***

Lease: A Legal Document

• Apartment Rules

• Repairs

• Notice

• Subleasing

• Rent

• Security Deposit

• Utilities

• Length Of Lease

(c) HOME 2013

Tenant Rights in Virginia

(c) HOME 2013

Virginia Residential Landlord and Tenant ActApplies to:• Multi-family housing (any unit that shares an essential service with

another unit).• Hotels, motels, and rooming houses if the tenant is renting for more than

90 days.Does not apply to:• Single-family residences located in counties when the landlord owns less

than 10 single-family rental properties (small landlords).• Single-family residences located in cities or certain suburban counties

when the landlord owns less than four single-family rental properties.

Rental Fees

(c) HOME 2013

• Application deposit:o Separate from security deposit and application feeo If applicant does not rent the unit, application deposit must be refunded minus the actual expenses for the

landlord

• Application fee:o Separate from security deposit and application deposito Nonrefundableo Includes out-of-pocket expenses paid by landlord to run credit and criminal background check, etc. PLUS $50 (or

$30 if subsidized housing)

• Security deposit:o May not be more than two months’ rento Landlord must return the security deposit to the tenant, minus any allowable deductions, within 45 days of end

of leaseo Landlord must provide written notice to tenant of deductions from the security deposit with an itemization of

damages, deductions, charges, etc. along with any refund.

Repairs• Always write a request and send it certified mail!

• Make a copy of your request to keep.

• Give the landlord a reasonable amount of time UNLESS the problem threatens health or safety!

• If no response, file a tenant’s assertion at the General District Court.

• In order to file a tenant’s assertion in court, you must be paid up on your rent

Access to the Premises

(c) HOME 2013

• Tenant may not withhold consent for landlord to enter in order to perform inspections, make repairs

• Landlords must provide 24 hours notice of maintenance that has not been requested by tenant

• No notice is required to the tenant for an emergency repair

Mold

(c) HOME 2013

• Mutual responsibility of tenant and landlord• At initial inspection landlord must disclose visible evidence

of moldo Tenant may choose to terminate tenancyo If tenant chooses to stay, landlord must remediate mold

• Both tenant and landlord must try to prevent mold• Tenant must notify landlord in writing of visible evidence of

mold• Landlord must promptly respond to notice of mold growth

Legal Evictions

(c) HOME 2013

• A tenant can be lawfully evicted for two reasons:o Rent is not paid on timeo Tenant has committed a serious violation of the rules or has repeated minor violations

• In order to evict for nonpayment of rent:o Landlord will give tenant a 5 Day Pay or Quit Notice.o If rent is not paid by the 5th day, Landlord then files an unlawful detainer in courto Once every twelve months, a tenant can stop an eviction by paying everything sued for (rent, late fees, courts

costs, attorneys fees) on or before the first court date (“return date”)

• In order to evict for breaking the rules:o Landlord must send a notice of the rule violation and give the tenant a chance to “cure”o If tenant doesn’t cure, Landlord then files an unlawful detainer in court

• Attend court date!

• A Landlord cannot: Set his/her own eviction date, change locks, turn off power/water, put possessions out of the home

Protecting Tenants at Foreclosure

(c) HOME 2013

• The new homeowner must honor the lease until the end of the lease term (includes bank-owned).

• HOWEVER if the homeowner will be occupying the property as primary residence:o The lease can terminate before the end of the lease term

only if tenant is provided 90 days’ notice.o The 90 days’ notice still holds even if there is no formal

lease or lease is month-to-month.• This includes honoring Section 8 vouchers

Fair Housing Laws

Fair Housing Laws consist of both state and federal laws that make it illegal to discriminate in the rental, sale, financing or insuring of a

home based on a person’s membership of a protected class.

(c) HOME 2013

New demographics

(c) HOME 2013

• By 2040, White minority (PEW Research Center)• 2012: births of children of color outnumbered

births of White children (U.S. Census)• African American and Latino families still suffer

from unequal access to credit, housing opportunity

• Overall switch to urban living

Age Wave

(c) HOME 2012

• Rapidly aging Baby Boomer generation• More long-term care needs, aging in place, low-

maintenance living• Ease of rental, need for accessible rental housing• Disability accommodation and modification has

increased in necessity

Fair Housing Laws: Protected Classes

• Race (any race)

• Color (any color)

• Religion (any religion or no religion)

• National Origin (any nationality or perception of being from another country)

• Sex (gender)

• Familial Status (children under 18, adults securing custody of children, or pregnant women)

• Persons with Disability

• Elderliness (55 years or older)

(c) HOME 2013

Many characteristics are not protected under Fair Housing Laws. In Virginia, it is legal to discriminate in housing based on any of the

following:

• Sexual Orientation

• Criminal History

• Poor Credit

• Source of Income

• Pet Owners

• Smokers

(c) HOME 2013

What types of Housing is Covered?

•Apartments

• Condos

• Single-Family Homes

• Dormitories

• Shelters

• Mobile Homes Or Lots

Fair Housing: Disability

(c) HOME 2013

“Disability” under fair housing laws• Physical or mental impairment that substantially limits

one or more major life activities• Having record of such impairment• Being regarded as having impairment

Fair Housing: Disability

(c) HOME 2013

• Reasonable Accommodation is a change in a policy, procedure, or rule that allows tenant to fully use and enjoy housingo Designated parking spaceo Service animal

Fair Housing: Disability

• Reasonable Modification is a structural change, usually at tenant’s cost, that will allow tenant to fully use and enjoyo Grab barsoWheelchair ramp

How to Request a Reasonable Accommodation or Modification

(c) HOME 2013

• RA/RM are not required to be in writing, but it is recommended

• Not required to use the phrase “reasonable accommodation” or “reasonable modification”

How to Request RA and/or RM

(c) HOME 2013

1. State that you have a disability (not required to disclose nature/severity) as defined by the Fair Housing Act.

2. State where you live & who is responsible for your building or home.

3. Describe the policy that is a problem and how it interferes with your use of the housing.

4. Clearly describe the change you are seeking

5. Ask for written response within certain time frame

6. Sign and date the request

7. Keep a copy for your records

*If request is denied, contact a fair housing professional*

How to Request RA and/or RM

(c) HOME 2013

Is This a Fair Housing Issue?

(c) HOME 2013

• Is there a disability? – Narrow down whether and how the disability affects daily life activities.– Ask about person’s history of having a disability and how people perceive the person.– How does housing provider know about the disability?

• Do other residents have a similar problem?

• Does this individual belong to a protected class AND does the housing provider intentionally or unintentionally treat this person differently because of his/her protected class?

• Do rules or policies have a specific and limiting impact on an individual who belongs to a protected class?

How can HOME Advocate?• Assist in filing a VFHO complaint.• Analyze each individual case and help

complainant determine best course of action.• Provide referrals to pro bono attorneys to

represent claimants in meritorious individual lawsuits (rare).

• Write reasonable accommodation/modification letters.

• Provide community education when needed.

Resources

(c) HOME 2013

• Virginia Residential Landlord and Tenant Act• HOME Central VA Affordable Housing Guide• VHDA Online Housing Search• www.valegalaid.org

Contact us

(c) HOME 2013

Christie MarraStaff Attorney in Housing Family and Child Welfare LawVirginia Poverty Law CenterRichmond, VA804-782-9430 x16

Deanna Lavery and Brandi PayneFair Housing SpecialistsHousing Opportunities Made Equal of VirginiaRichmond, VA804-354-0641