Behavioral Nuisances: Often violations of criminal law, ranging from chronic noise to drug houses with violence.

Similar documents
RV SPACE RENTALS. The law treats long term (over 180 days) RV space rentals differently than short term space rentals.

Appendix C Tips for Making an Inspection a Cooperative Rather Than an Adversarial Experience

Anti-social Behaviour Good practice for private-sector landlords

Do You Know Your Rights and Duties As a Renter?

Rights and Duties of Tenants in Franklin County

Eviction. Court approval required

Housing Law Frequently Asked Questions For Tenants. Elizabeth Pisarski-Buchholz Staff Attorney Statewide Legal Services of CT, Inc.

A GUIDE TO SUCCESSFUL OFF-CAMPUS LIVING. P h o t o : S t e p h e n S a l p u k a s

Taking Care of Business : Winning at Lease Enforcement 101. Presented by Marquita Flowers, PHM Assistant Director of Asset Management

Notices to Vacate and Ending a Lease

NOISE KEY POINTS WHAT LESSEES CAN DO IF YOU HAVE A PROBLEM. Use the following stepped approach:

S75A and Disruptive Behaviour Management Unit (DBMU) Fact Sheet

What You Need To Know About Mobile Homes

Do You Know Your Rights and Duties As a Renter?

Attachments. Census of Families with Children Living in SROs in San Francisco October

RENTERS GUIDE TO EVICTION COURT

Your tenancy agreement

SHORT TERM RESIDENTIAL RENTAL CODE Purpose.

Final Draft October 2016

Briefing The Housing (Scotland) Bill: tackling unlawful evictions in Scotland

ABANDONED OR UNSAFE BUILDINGS IOWA STATUTES TRANSLATED DEFINITIONS

Noise KEY POINTS WHAT LESSEES CAN DO

LEASE AGREEMENT, entered into between (Landlord/Owner) and

CHAPTER 153 RENTAL HOUSING

How To Organize a Tenants' Association

JUSTICE INITIATIVES. Quick Guide Got a Record? Know Your Rights. Housing

Tenants Rights and Things You Should Know

GRIGGS FARM TENANT SELECTION POLICY

QUESTION 6 Answer A. Tenancy for Fixed Term. A fixed term tenancy is a pre-agreed term by the landlord and tenant.

What are your rights under new ownership? S A L E T O R A P H A E L T O L E D A N O

VARIATION OF THE BURY COUNCIL SECURE AND INTRODUCTORY TENANCY AGREEMENT SECTION 103 OF THE HOUSING ACT 1985

What are Landlord's and Tenant's rights and obligations? Discuss.

Tenants Rights to Healthful Housing

Looking at Quality of Life Issues from an Enforcement Perspective. What s s on the full plate? How can we work together?

Your tenancy agreement SAMPLE

P R E S E N T E D B Y Q U E E N S L E G A L S E R V I C E S S U T P H I N B L V D

homeowners, short-term rental owners, property managers and local businesses to weigh in on proposed legislation.

If You Rent a Place, Know Your Legal Rights and Duties

Incentivizing Productive Reuse: Ontario Applicable Model of Addressing Vacant Buildings

Self Help Nuisance Abatement in Baltimore City

CITY OF RIVERVIEW ORDINANCE NO. 623

HOUSTON S DANGEROUS APARTMENT EPIDEMIC

Know Your Rights: A Guide for Tenants Renting in the State of Virginia Introduction Lease Agreements

Introductory Tenancies Your Questions Answered

Brought to you by Ingham County Treasurer Eric Schertzing

Fair Housing in Homeless Housing Programs. Detroit, Hamtramck and Highland Park, Michigan February 10, 2016

Private Sector Housing Enforcement Policy

Horsham District Council Empty Homes Strategy

WHEREAS, the recent economic downturn has caused many homes and businesses to be foreclosed, abandoned or otherwise become vacant; and

HALLOWAY HOMEOWNERS ASSOCIATION

What You Need to Know About Renting to Own and Contracts for Deed

The standard lease and your rights

THE RESIDENTIAL TENANCIES ACT OFFENCES

ARTICLE V. - NON-OWNER OCCUPIED HOUSING BUSINESS LICENSE [2]

7 Lies Of Property Eviction That Could Cost You $1,000 s

Protecting Your Section 8 Voucher

SUBLETTING 101. Who Can Sublet: Sublets, just like all Loft residents, must be UVM students, with junior class standing or above.

Demoted Tenancies Your Questions Answered

Best practice Austria

KILDARE COUNTY COUNCIL

City of Country Club Hills ARTICLE 37. Residential Rental License

RESIDENTIAL LEASE AGREEMENT

Tenant & Landlord Rights and Responsibilities

Rentersʼ Guide to Eviction Court

Outstanding Achievement In Housing In Wales: Finalist

Sell Your House in DAYS Instead of Months

East Village Growth Partners, LLC Tenant Selection Plan Effective 10/1/14

Fair Housing Issues for Persons with Criminal Records (and Victims of Domestic Violence)

Vacancy, Blight and Local Governments

RULES AND REGULATIONS FOR REDHAWK COMMUNITY ASSOCIATION

LANDLORD / TENANT {RELATIONS}

WHEN YOU OWE RENT TO YOUR LANDLORD

1001. Notices of Termination of Tenancy or Change in Terms of Tenancy All Rental Units

Check out PART 1. of our CALIFORNIA LANDLORD BASICS webinar series

Overview - Training Objectives

(As usual, you don t know the rules until you know the grounds.)

SPECIAL REPORT. How To Sell The House You No Longer Want

Rent and other charges

Is there a specific Location You Are Applying For: We must have your full name including middle name and maiden names.

California Bar Examination

Fair Housing It s Your Right

Salt Lake City Landlord/Tenant Initiative Program

CABINET REPORT. Private Sector Housing Enforcement Civil Penalties and Rent Repayment Orders. 19 July Yes. Yes. Yes. Chief Executive s.

Can My Landlord Enter My Home? A Tenant s Right to Privacy

Neighborhoods/Housing Have houses in good state. Rent Control Put pressure on the City so that there are more houses for rent.

San Joaquin County Grand Jury

CITY OF WAYZATA HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 725

Multifamily Owners: Including Utilities May Be Killing Your Profits Learn how to protect your NOI

Slumlord Enforcement Guidelines Chapter 11.17

QUICK GUIDE TO NON-HOME RULE ENFORCEMENT: LEGAL STRATEGIES FOR TARGETTING BLIGHTED PROPERTY. A. Priority Liens for Abandoned Property

BARRING NON RESIDENTS

People s Law School 2018 LANDLORD / TENANT. Scott Phillips Partner, Phillips & King PLLC

PROPOSED BALLOT INITIATIVE OVERVIEW

TENANT RESPONSIBILITY AGREEMENT

Evictions. Advancing Human Rights and Justice for All in Maryland since Maryland Tenants Rights: Evictions

Mo Canady. NASRO Executive Director : : (205)

Eviction and Your Defense

Housing Decisions Panel Policy 08/03/2017

DATE APPROVED: August 2015 Revision No: 3 Code: HM 11

Why do I have to pay rent when I have a voucher? Housing Choice Voucher Program is a rental assistance program not a free rent program.

Transcription:

Solving Chronic Nuisance Problems (Summary) This is a summary of the 30-page manual by John H Campbell, published by Campbell-Delong Resources Inc. The manual gives community strategies to deal with residents of houses who create blighted property or have behavioral problems. Part 1: The Dynamics of the Problem: A nuisance exists when the use of a property interferes with the rights of others. Tolerant, responsible neighbors might move away in response. Physical Nuisances: Violations of local building, housing, health or sanitation codes. Due to negligence or bad behavior this often creates an eyesore. Behavioral Nuisances: Often violations of criminal law, ranging from chronic noise to drug houses with violence. Roles in Nuisance Houses: Perpetrators: Enablers: Guardians: Leaders: Cause the nuisance Roommates, friends, neighbors, landlords, property owners and managers who tolerate nuisance due to apathy or fear and inaction. Same people as in Enablers, but these people take action Guardians who take responsibility for solving the problem. They organize and mobilize other guardians, leading to action. Common complaints with nuisance houses Local government seems powerless Efforts are often too little, too late to help people harmed by the nuisance Impacted communities appearance clearly reflect chronic nuisances Community leaders periodically speak of new tools, but no change occurs Temporary successes (an arrested drug dealer) bring no long-term change Neighborhoods decline to the point of needing major renewal efforts Defining Success: the Best Practices Solution Action is fast enough to prevent long-term damage to the community Action impacts the key enabling factors which permit the nuisance. It begins with solving dangerous or high-priority problems (drug dealer, health hazards) and then changing the conditions that allow nuisances to persist (neglect, apathy, fear).

Weak Links in the System Causes of local multi-agency ineffectiveness Nuisance properties can have problems that span many government agencies (police, inspectors, social services, animal control, fire department, etc). The narrow category of problems each agency is aware of may never reach a level of concern, while the overall effect of the property on the community can be serious. If no one agency takes responsibility or coordinates with others, the nuisance may stay below each one s radar. Oakland California in 1980 demonstrated the success of coordinating police with code enforcement when dealing with nuisance properties. In general, nuisance abatement success stories involve: Improved coordination between two or more groups or agencies At least one catalyst agency or person who spearheaded change The spear-header works to solve the whole problem, not just one facet The spear-header actually changes the thinking and policies of others to view a problem as a whole Civil vs Criminal Law Nuisance problems involve civil and criminal crimes Traditionally, in the courts, two different sets of remedies are prescribed for civil or criminal crimes. They are treated as separate entities. Traditionally, police are taught to concern themselves with criminal acts, not civil offenses. Campbell encourages us to abandon the idea that civil law is the only remedy to wronged individuals and criminal laws cover offenses against the state. He says use whatever works. Community policing helps make this happen. There is routine communication between citizens and police, so that people in the community understand what police do, and can do, and they actively work with police to combat crime and nuisance houses. Police know that nuisance houses and criminal behavior are often linked, and so they take a greater interest in nuisance properties. Landlords and Property Managers Traditionally, landlords only qualification for owning property is the money to buy it, and no management skills or responsibility is implied. Often landlords view criminal behavior of their tenants as purely a police concern. Actually, a landlord should automatically be a guardian. They can communicate early with problem tenants. If there is continued tenant misbehavior or criminal activity, the landlord should document it as evidence. Then evicting a drug dealer or tenant who habitually violates lease agreements or laws can happen before a neighborhood is affected.

Pressure Points: Beliefs of Enablers and Perpetrators The traditional profile of a responsible citizen is not just a passive, law-abiding voter, but a vigorously-involved person who is willing to lead when neighborhood viability is threatened. Perpetrators and enablers hold a set of beliefs, which cause harm. Some drug dealers and their friends believe their behavior is harmless Some property owners believe trash, broken windows or rat infestation are nothing more than a personal choice about private property maintenance Occupants often don t realize their modification of property or negligent upkeep violate the law Some roommates and relatives who tolerate criminal behavior don t know they too can be evicted. They may also believe they have little power to change it. Some property owners are unaware that lax maintenance is illegal. They might also be unaware of the power they have to change tenant behavior Property owners may not realize how much more expensive it is to rent to problem tenants. Extra repairs and cleanup between tenants, decreasing property value, and declining desirability of the neighborhood all come with bad renters. In these cases, the problem may be solved just by educating them about laws Campbell has written Landlord Training Program: Keeping Illegal Activity Out of Rental Property. Some things to think about before becoming a landlord are: Economic downturns can reduce the potential rent that can be asked, which may not be enough to cover routine maintenance of the property. If a rental property isn t fully investigated before buying, surprise repairs may be expensive, so that they aren t done, or make the property a losing investment Landlords all want to make money on their property, so the temptation is to defer maintenance to maximize profit. Eventually, to bring a house back to habitability, it can cost huge amounts of money. Some property owners think they can get away with poor property maintenance. This is true if roommates, relatives and neighbors don t take action, and if local code enforcement don t enforce maintenance codes.

Part 2: The Path to Success The position of the person who decides to solve the problem is less important than their ability to influence others to act. Leadership Principles 1. Take full responsibility, viewing the problem as existing only because no one has done enough to solve it. The more people believing this, the more likely the problem will be solved 2. Define victory and focus on achieving these goals Define the problem in terms of its impact on the neighborhood Limit the scope. Start by saving one block, or solving one problem. A natural tendency of new leaders is to want a comprehensive solution to problem, including changing zoning, codes or tax structure, changing the culture of the police department, etc. Instead focus on things you can do right away. 3. In a nuisance property, draw a distinction between the apparent violations and the emotional impacts of those violations Violations, to which laws apply, might be drug use, graffiti. speeding, loud noise, garbage build-up, property maintenance negligence, or breaking lease agreements. These are the data that can be documented and given to landlords or police. Emotional Impacts might be fear, interrupted sleep, high stress, short tempers. These are indicators that violations are occurring in your neighborhood 4. Plan to lead, but don t do it alone. Coordinate a variety of people to have different roles in solving the problem. Multiple neighbors following the same course of action increase success 5. Include the full diversity in your neighborhood in your problem solving group. The last thing you need is for your problem-solving attempts to be misinterpreted as having a racial, socio-economic, or ethnic basis. 6. Plan for your own safety. Trying to change someone else s misbehavior can be risky. However, retaliation is less likely if a large group of diverse leaders unite in their action. The Civil Force Continuum Your problem-solving actions should begin with simple, low-pressure methods. If these don t work, escalate according to the Civil Force Continuum below:

1. Communicate: Talk with neighbors to see what their experience with the problem is. Find out what actions they have taken and whether they have documented anything. Organize and commit to action, and don t just talk about it. Talk with the perpetrators or enablers firmly, but calmly. Give them credible evidence for how their behavior affects you and your neighbors. If this seems too dangerous enlist the landlord, relatives, or police. Talk with property owners or managers and describe the problem. Include data such as pictures, police, animal control or code enforcement visits. You can find their contact info from tax assessor records. Contact guardian agencies, like code enforcement, police, animal control, welfare or social services, narcotics agencies, etc 2. Educate: Tactfully inform enabler landlords or owners of legal ways to control renter behavior. Ask them to examine their lease agreement to see if renters are following it. Mention the National Landlord Training Program. Ask them to speak to their renters about the problem. If the occupants ARE the owners, tactfully inform them of pertinent laws. 3. Raise the Stakes: Involve more people who can exert leverage on the perpetrator, like neighbors, relatives, code enforcement, police, etc. Make it clear to the perpetrators and enablers that allowing the misbehavior to continue is more trouble or costly than stopping it. Gather documentation of criminal and nuisance behavior from neighbors and make a formal complaint to guardian agencies. Meet with the public housing authority or code enforcement Consider contacting the mortgage holder or other entity with power over the property and practices If police, code enforcement or others with power to directly address the problem don t act effectively, write letters to people higher on the chain of command: the police chief, public works director, city manager or city council. Consider media coverage to expose the problem to more people

4. Give a Final Warning: Let the perpetrator or enabler know the next step is legal action. The idea is not to sue, but to raise the possibility A lawyer retained by the neighborhood should write a letter to the owner or landlord, which documents offending incidents or conditions on the property, identifies the nuisance laws that are being broken, and emphasizes the community organizations intent to sue, if the problems aren t remedied quickly. As an alternative some cities have nuisance laws with well-defined steps, including warning letters, fines, property closure and eventually, property forfeiture. The city can then convey the threat of legal action to the offender. 5. Civil Action: Your community group or city takes legal action. Reaching this step is rare. In addition to the legal actions just mentioned, some cities use public shaming with signs on the nuisance property or media, identifying the owner by name. General Nuisance Abatement These are generally state laws, which list a broad array of nuisance offenses with their penalties. They give specific remedies for harmed parties and are often easier to apply than specific criminal codes. Chronic Nuisance Abatement For the perpetual nuisance house owner, many cities have also more-detailed lists of nuisance offenses, along with graduated schedules of warnings, fines, and property control Narcotics Abatement Drug Houses can often only be dealt with by county or state narcotics squads, and not local authorities Conclusion: Success in dealing with nuisance and drug houses depends on: 1. Individuals and agencies (guardians) taking responsibility for solving the problem 2. Enlisting and organizing a wide variety of community members to work together documenting problem behavior, communicating with each other, contacting guardian agencies, and persisting until the nuisance or drug house is abated. 3. Employing the Civil Force Continuum, having the will to go to step 5, if necessary.