Rights

What rights do you have to do something about unsafe levels of lead or some other household danger?  While laws vary greatly from place to place, in general you have the right to a safe, healthy place to live.  Federal, state and local governments have laws intended to protect this right.  Below are some Healthy Homes Basics that are usually covered in law.

Healthy Home Basics

1. No unsafe levels of hazards: natural gas, radon, carbon monoxide, mold, etc. (usually in local housing or health codes).
2. Lead warning:  to be told, in advance, if the property contains dangerous amounts of lead (under Federal law).  
3. Basic electricity:  including no hanging wires (local housing codes) 
4. Temperature control:  at safe levels, working furnace, fan/AC, ventilation, etc. (local housing codes).
5. Plumbing:  working sinks, hot water, and pipes that do not leak (local housing codes).
6. No rats or roaches (local housing or health codes)
7. Trash removal (local housing or health codes)
8. Weather protection:  walls, floors and ceilings without holes, leaks, cracks, or peeling paint (local housing codes)
9. Police protection:  from neighbors or other tenants who violate the law (fighting, noise, etc.)
10. Home security:  smoke detectors, fire escapes, locks, peepholes, etc. (local housing or fire codes)
11. No unlawful entry:  including landlord (landlord-tenant law or common law)
12. Speedy repair:  of violations (landlord-tenant law or common law)

In many communities, you may have additional rights under state or local tenant-landlord law, including remedies for bad conditions, privacy protections, protection from landlord retaliation, protection for the right to organize and/or protection from exorbitant rent increases. 

Enforcement

In some areas, especially lower-income communities, these rights may not clearly exist or are not easily enforced.  The following is a general list of steps to take to exercise the rights you do have and get your housing problems addressed.  (Note that variation in laws from place to place may enhance or limit your ability to do some of these things.  Become familiar with your local laws.)

1.  Find out if there is a violation.

• If you have used the CEHRC tools, or worked with a CEHRC partner in your community, you should have evidence of any violations. 
• If you would like to test on your own, the following website lists the EPA Federal Standards for Pollutants/Toxics:  www.epa.gov/ebtpages/pollutants.html.  For household hazards like lead and radon, scroll to the bottom of this page and pick the topic (for example, “lead”).

2.  Notify the landlord of the problem.

• Call or meet with the landlord.
  • Link to Washington State Tenants Union’s “How to Prepare for a Meeting with Your Landlord” -
    www.tenantsunion.org/activism/organizing/prepare.html
• Ask for repairs in a letter (keep a copy).
  • Link to Washington State Tenants Union’s “Sample letters” - www.tenantsunion.org/samples.html

3.  Have the apartment inspected.

• Understand the housing code enforcement system in your locale.  An article about using code enforcement to win repairs is available at www.policylink.org/EquitableDevelopment/XQ/ASP/ID.2/QX/fsToolMain.htm.
• Be prepared for the inspection.  Make sure you aren’t violating any codes for safety, cleanliness, or any other reason.  An inspector could cite you for violations.
• When the inspector comes, point out ALL the problems with the apartment.
• Make sure inspectors document any code violations for you and the property owner.  Get the inspector’s name and a copy of the inspection report.
• Retaliation by a property owner is usually illegal.  Landlords should not raise the rent, attempt to evict, or harass a tenant for inspecting a home.

4.  Take action.

• Remember that each state has it’s own laws.  It’s best to consult your state advocate or a lawyer before taking any risks.  For a list of these advocates see “Tenant Defenders” below.
• Organize your building to pressure the landlord to fix problems
  • Visit the Tenant Organizing section of this web site.
  • See “How to Start a Tenant Group” from TenantNet, www.tenant.net/Organize/
• Organize the community to enforce regulations or make a better law.
  • Link to Tools,
  • Case Studies, and
  • Policy/Legislation on our site.

5.  Other options.
In cases where the property owner refuses to fix the problem, these are some further options to consider (again consult a lawyer):

• Withhold rent (if local laws permit).
• Repair the problem and deduct the cost from your rent (if local laws permit).
• Break the lease and leave (if local laws permit).
• Take it to court. Ask a tenant rights group or legal aid organization for legal advice on going to court to seek repair orders against your landlord. See “Tenant Defenders” below.
• Seek a receivership (or administrator).  If violations are serious and extensive and if local laws permit, ask the court to appoint a receiver or administrator to take day-to-day control of the property temporarily.  Receivers usually are given control of the rental income and sometimes may tap other resources to make repairs.

Tenant Defenders

You don’t have to fight for your safety alone.  You have the right to get help, and the good news is that there is probably a group working for tenants rights in your area.

• To find a group in your state.  Consult the Tenant’s Union Directory: http://directory.tenantsunion.org.  If they don’t have an answer, they probably know whom to call. 
• If you are in HUD or Section 8 housing, see HUD’s website on tenants rights: www.hud.gov/groups/tenants.cfm. 
• If you are elderly or disabled, please see this information page from the Social Security Administration at www.seniors.gov/retirementplanner/housing/rights.html (from FIRSTGOV for seniors), or information about The Fair Housing Amendments Act of 1988 at www.aoa.gov/Housing/rights.html (from the National Resource and Policy Center on Housing and Long Term Care)
• To find free or low cost legal help or information, see these web sites:
  • Local legal aid organizations -
    www.abanet.org/legalservices/probono/directory.html
    www.nlada.org/Links/Links_Home
    www.legalhotlines.org/prose/index.cfm
  • Legal hotlines - www.legalhotlines.org/directory/index.cfm