UNDERSTANDING REFUGEES’ RIGHTS AS TENANTS
The quality of a refugee’s first home may
be the single most important factor in the initial success of
their resettlement. Safe, clean, well-maintained apartments
with sympathetic landlords and welcoming neighbors are the ideal.
Unfortunately, particularly in tight housing markets, refugees
may encounter landlords who do not fulfill their obligations
under the lease and the law.
Problems That May Arise:
Poor maintenance of apartments or common areas
Inadequate security measures
Unjustified eviction notices
Failure to return security deposits
Rights and Responsibilities
Refugees may be unaccustomed to having any “rights”
when it comes to housing. But most jurisdictions in the United
States have laws that protect tenants from uncooperative or
unscrupulous landlords. Some of those laws are very consumer-oriented;
some are very weak.
Refugees also have responsibilities under the lease:
to pay rent, not to damage the property, etc. Except in unusual
cases, those responsibilities continue even when a landlord
has not fulfilled its part of the bargain.
It’s Local. The rights and
responsibilities of landlords and tenants are primarily determined
by (1) the lease agreement and (2) state and local laws. Those
laws vary widely across the United States, so it’s important
for you to learn about the tenants’ rights laws in your
location. We have provided annotated links to resources in the
largest resettlement states below. Feel free to contact us at
Mercy Housing (refugeehouseinfo@mercyhousing.org;
303-830-3449) if you are having trouble finding the information
you need.
If the apartment is operated by the Housing Authority
or is funded by the federal government, there may be different
requirements imposed by the US Department of Housing and Urban
Development (HUD). Check the lease for details.
Typically landlords are required to maintain the
apartment and the common areas in reasonably good repair. Some
state and city laws spell out the landlord’s requirements
very particularly, but usually the landlord’s duties are
more vague. You may need to counsel your refugee clients on
what’s “reasonable” – they should not
expect landlords to rush out immediately and fix a leaky faucet.
On the other hand, refugees should not delay in reporting serious
conditions.
Both Federal law and state law regulate discrimination
complaints. See “Fair Housing
– How to Deal with Discrimination” on the Mercy
Housing Refugee Housing Web page for information on discrimination
laws and how to pursue a discrimination complaint.
Talk. Communication is the key
to resolving problems. After you’ve read the lease and
looked into the laws, talk with the apartment manager or landlord.
A phone call may be sufficient, but a face-to-face meeting is
more effective. It is helpful if a case manager or friend goes
along. Be courteous; be specific.
Write. If the landlord doesn’t solve
the problem within a reasonable time after the discussion, you
should write a letter to the landlord. The letter should describe
the problem, its effect on you, how long the problem has existed,
what you may have done to remedy the problem or limit its effect,
what you would like the landlord to do and when you talked to
the landlord about it. You should keep a copy of this letter.
Some state statutes require that the letter be sent by certified
mail, or even require that you send two letters if you are trying
to terminate the lease based on the landlord’s refusal
to fix the problem (e.g., Texas). If the problem is the landlord’s
failure to return a security deposit, local laws typically set
out very specific steps you must take. So, try to look up the
laws before you send out your letter.
Urgent Situations. If the problem
has immediate impact, such as a water leak, lack of heat, or
a serious safety problem, deliver the letter to the landlord
immediately after the meeting or phone call in which you alerted
him/her to the problem. If there is still no action, use one
of the approaches below.
Consider Mediation or Arbitration. If the landlord
still does not fix the problem, and the problem is serious,
consider the possibility of getting outside help. A professional
mediator may be appropriate for serious problems. You can find
mediation services through some of the web sites we list below,
by going to www.mediate.com and typing in your state in the
“Locate a Mediator” box in the bar at the top, in
the yellow pages, or by calling your local bar association.
Tenant advocacy groups (see below) sometimes offer mediation
to help solve problems.
Some states and leases permit arbitration, which is a more formal
(and sometimes expensive) dispute resolution process.
Failure to Repair. If the landlord doesn’t
respond, you may be able to get help from the local Department
of Health or the local Building Code Inspection office if the
apartment is in serious disrepair. The Building Code officials
are usually found in the Planning or Zoning or Community Development
offices of your city.
Some states allow a tenant to hire someone to do repairs and
then deduct the cost of repairs from the rent (e.g. Georgia),
so check the laws (and possibly talk to a lawyer) to see what’s
permitted and whether your situation falls into that category.
The problem with this approach, of course, is that the tenant
must advance the money it costs to repair the problem.
Security Deposits. The landlord’s obligation
to return a security deposit is frequently covered by very specific
laws that establish deadlines within which the landlord must
act. Those laws also may dictate specific actions the tenant
must take to obtain a refund. Some statutes allow the tenant
to collect three times the amount of the security deposit if
the landlord doesn’t follow the law.
Legal Aid. Most states have ”Legal
Aid” or “Legal Services” offices that may
provide free legal advice to low-income tenants. In addition,
many localities have additional free or low-cost legal clinics.
The Legal Services Corporation web site provides a map that
links you to Legal Services Corporation law offices they fund
in your state: www.lsc.gov.
A broader listing of legal resources in all states can be found
at the Pine Tree Legal Assistance web site, www.ptla.org.
Click on “Links” on the left of the bar at the top,
then choose “Legal Services Sites.”
Law Schools. If there is a law
school in your state, call or look at their web site to see
if they have a “legal clinic” or other low-cost
legal advice program.
Advocacy Groups. Larger cities
may have Tenants’ Rights organizations that counsel or
represent tenants. You can search for them on the Internet or
by calling your city’s Housing Department. The Pine Tree
Legal Assistance site, www.ptla.org,
identifies some of the advocacy groups as well as legal services
offices in all states. Click on “Links” on the left
of the bar t the top, then choose “Legal Services Sites.”
Small Claims Court. If you can’t find other
help, consider filing a suit in Small Claims Court. Most states
have published information describing what you have to do. These
courts are designed to resolve disputes without lawyers and
try to be “user-friendly”.
Publicizing the Problem. If the landlord has
a reputation for operating substandard properties, consider
contacting the newspapers with your story – but be sure
you’re right before “going public”. If the
apartment complex is federally-funded or operated by the Housing
Authority, or your clients are receiving Section 8 rental assistance,
call the Housing Authority or your HUD office and file a formal
complaint.
Unless advised by an expert not to do so, tenants should continue
paying rent as they try to work through the problem. Failure
to pay rent is almost universally a legitimate reason for a
landlord to evict the tenant. The circumstances in which tenants
are not required to pay rent are very limited.
Most states have resources to help tenants understand
what the local laws require and what to do when tenants believe
their rights have been violated. The following lists some of
the most prominent resources by state, but there are usually
many others. Try calling one of the tenant advocacy groups,
the local bar association, the Housing Department of your city
or HUD for more information. You can also contact us at Mercy
Housing for additional help (refugeehouseinfo@mercyhousing.org
303-830-3449).
ARIZONA
The Supreme Court publishes a booklet in English
and Spanish entitled “Overview of Arizona Landlord/Tenant
Law” and “Landlord/Tenant Residential Evictions
for Nonpayment of Rent.” Both can be downloaded at www.supreme.state.az.us.
Double-click “Entire Web Site” in the far right
top box. In the query box, type “landlord”, and
then click on the first or second item that the search returns.
Information for picking up a copy of the booklet or ordering
multiple copies is provided.
The University of Arizona College of Law discusses
the issues in a reasonably useful “Q&A” format
at www.law.arizona.edu.
Click on “Library” in the left column, and then
“Publications”. Under Publications, choose “Library”
and then “Legal Guides” and then “Arizona
Landlord Tenant Law.” Contact information for the Southwest
Fair Housing Council and Arizona Legal Aid is near the bottom
of the article.
The Arizona Tenants Association can be found at
www.arizonatenants.com/library.htm
CALIFORNIA
A very complete and annually updated handbook entitled
“A Guide to Residential Tenants’ and Landlords’
Rights and Responsibilities” is available through the
Department of Consumer Affairs.
Go to www.dca.ca.gov.
In the very top right corner, type “tenants” into
the “Search” box. Click on the first entry, “Landlord/Tenant
Book Index.” You can either print the Handbook directly
from the PDF file or you can order copies.
Be sure to look at Appendix 3 for Tenant Information
and Assistance Resources by county. Also, Appendix 4 has useful
information that can be ordered (scroll down below the “books”
section):
Legal Guides (for example, LT-3 is entitled “Who’s
Responsible for What and How to Get Repairs Made”)
a Program Directory for the California Dispute Resolution
Programs Act
information about using Small Claims Court
Several cities in California have their own rules
governing landlords and tenants, including rent control. Look
at your city’s “Housing Department” web site
or call them to get information on local law
CONNECTICUT
The Law Library of the Judicial Branch web site
provides an excellent list of resources. Go to www.jud.state.ct.us/lawlib.
On the right, “Law by Topic”, choose Landlord/Tenant
from the drop down menu. The “Frequently Asked Questions”
section is not as helpful as “Rights and Responsibilities
of Landlords and Tenants in Connecticut”, a lengthy discussion
of both the legal requirements and how they can be enforced
in the Connecticut courts. It includes a discussion and complete
listing of Fair Rent Commissions available in some cities and
towns (page 13). The last page lists all of the Legal Aid offices
in Connecticut.
The site also has links to Legal Services and Public
Interest Research Group publications about landlord-tenant issues.
FLORIDA
The Department of Agriculture and Consumer Services
provides a brochure on its web site: www.800helpfla.com.
Click on “Site Map” (to the right of the logo) and
then scroll down to “Publications”, and choose “Florida’s
Landlord Tenant Guide”. It contains the basics, but no
links to other resources.
GEORGIA
Go to www.dca.state.ga.us,
click on the “Housing” tab on the top, and scroll
down to “Landlord/Tenant Handbook.” It provides
basic information on various topics, followed by a very practical
“Q & A” section answering common questions.
The Legal Aid web site, www.legalaid-ga.org,
provides limited information on landlord-tenant relations. From
the Home page, scroll down to the “Housing” topic
and click “Apartments”. Several of the topics on
that page discuss specific housing issues (e.g., evictions,
security deposits).
IDAHO
The Attorney General’s office has published
Landlord and Tenant Guidelines. Go to www2.state.id.us/ag/consumer/tips.
Idaho Legal Aid Services has a more user-friendly brochure at
www.idaholegalaid.org/Home/PublicWeb
ILLINOIS
Basic landlord-tenant information can be found on
the Attorney General’s website, www.ag.state.il.us.
Go to the box “Other Issues” at the bottom right
side of the home page and click on Publications and Brochures.
Scroll down the page to the “Housing” section and
select “Landlord and Tenant Rights and Laws.” For
links to low cost legal services, on the Attorney General’s
home page click on “Legal Assistance Referrals”
in the “Other Issues” box on the bottom left side
of the page.
Illinois Legal Aid (Chicago Kent College of Law),
www.illinoislegalaid.org,
provides a very complete, but legalistic, discussion of landlord-tenants
relations, which you can find by clicking “Housing”
under the “Practice Areas” column on the left side
of the home page and then choosing the “Landlord/Tenant
(Non-Federal Housing Programs)” topic.
More consumer-oriented information can be found
at www.illinoislawhelp.org.
Choose the “Housing” topic and then “Landlord
and Tenant”. Some of the topics are more helpful than
others. The last one, Apartment Conditions and Repairs, discusses
a new law going into effect in January 2005 that allows (in
certain circumstances) tenants to make repairs and deduct the
cost from rent. Some of the topics have very helpful local information
tailored to the city you live in.
MARYLAND
The Attorney General’s office provides very
complete information on landlord-tenant relations in a Q&A
format. Go to www.oag.state.md.us.
Under “Services to the Public”, click “Consumer
Protection”. Choose “Consumer Tips and Publications”
and then select “Landlord and Tenant: Tips on Avoiding
Disputes.” Information about ordering the brochure is
provided. The section “Assistance with Rental Problems”
links to many resources.
A wealth of information on legal issues affecting
low-income people is found at www.peoples-law.org.
In the left column is a resource for finding legal help in a
variety of languages for non-English speakers. For landlord-tenant
information, click on “Housing” and then “Landlord
and Tenant Law.” The “Tips from the Experts”
section (top right) is more user-friendly than the summary of
the law.
MASSACHUSETTS
The Office of Consumer Affairs has created a very
informative web site outlining tenants rights, with links to
resources including mediation services.
Go to www.mass.gov.
In the upper right corner, enter “landlord-tenant”
in the “Search” box. Choose the link to “Office
of Consumer Affairs and Business Regulation”. Under the
“Tenants Rights and Responsibilities” category,
scroll way down to the “Tenants’ Rights” topic.
Resource links are at the end.
MICHIGAN
Materials created by various legal services groups
in Michigan can be found at www.mi.lawhelp.org.
Click on “Housing” and choose “Landlord-tenant
Problems.” You have to type in a city, county or zip code.
The site gives you a long list of materials, including (among
others) A Practical Guide for Tenants and Landlords; Before
You Rent: What Every Tenant Needs to Know; and Tenants Rights
to Repairs. There are some basic sample letters (mostly for
landlords, but a few for tenants). Several of the resources
are available in languages other than English – click
on “Resources in Other Languages.”
MINNESOTA
A very complete and readable description of laws
affecting tenants, including such topics as the Public Utilities
Commission Cold Weather Rule, is found on the Attorney General’s
web site, www.ag.state.mn.us.
Click on “Housing” in the right column, and then
scroll down to “Landlords and Tenants: Rights and Responsibilities.”
Note that a PDF version is available (box on right). The Resource
Directory at the end is extensive.
Minnesota Legal Aid provides information on a number
of landlord-tenant issues at www.lawhelpMN.org.
Click on “Housing” and choose among the various
topics.
Another list of resources is found at www.tenant.net.
Scroll way down until you see “Other States and Areas”
with a drop down menu. Choose “Minnesota” and click
on “Local TenantNet Mirror”, and then choose “Additional
Resources.”
NEW YORK
The Attorney General publishes a “Tenant’s
Rights Guide” found at www.oag.state.ny.us.
Scroll far down until you see “Ensuring the Integrity
of Public Institutions” in the middle column, and then
choose “Real Estate”. The Tenant’s Rights
Guide is the last item under “Guides”.
Local laws are particularly important in New York,
especially for New York City. For information on leasing in
cities with rent control, go to www.dhcr.state.ny.us.
Click on “Rent Administration” on the bottom of
the left column. The “Fact Sheets” listed under
“Publications” has very detailed information, but
the “FAQ” may be enough to answer your question.
Legal Services provides a link to many publications
at www.lawhelp.org/NY.
Enter your zip code, city or county, click on “Housing”,
and then click on the topic of your choice. If you go to “Private
Housing: Landlord and Tenant, click on the tab “Know Your
Rights” at the top. The site also shows whether a publication
is available in other languages.
OHIO
A booklet entitled “Ohio Landlord-Tenant Law:
What You Should Know!” can be found at www.ohiolegalservices.org.
Click on “Housing” in the left column and then type
“Ohio Landlord-Tenant Law” in the “Search”
box on the upper right. Several other publications are also
listed.
OREGON
The Attorney General’s office publishes the
Landlord Tenant Act. Go to www.doj.state.or.us
and select “DOJ Publications and Forms” from the
bottom or the right column. Consumer Protection Brochure number
100 with that Act appears to be available only in hard copy.
Several publications by various Legal Services offices
can be found at www.oregonlawhelp.org.
Click on “Housing” and then choose the relevant
topic. Note that a directory of all Legal Aid offices is available
by clicking that item in the blue band above the topical listings.
PENNSYLVANIA
The University of Pittsburgh provides good information
on tenants’ rights at www.pitt.edu.
Type “renting” into the “Search” box
at the lower left side. The first listing “renting guide”
contains a “Renting” section covering many topics.
Lots of information collected by Legal Services
can be found at www.palawhelp.org.
Click on the “Housing” topic, and then choose “Tenants
Rights”. There are 40 entries – don’t miss
the second page!
TEXAS
There are many helpful web sites. The Attorney General’s
office brochure on landlord-tenant relations is found at www.oag.state.tx.us.
Click the “Consumer Protection Brochures” item under
“Consumer Protection” on the left column. Then select
“Tenant Rights”.
The Texas Bar Association has created a longer,
more complete tenant’s handbook. Go to www.texasbar.com,
click on “News and Publications” on left bar, select
the “Pamphlets” box and scroll down to “Landlord-Tenant
Issues.” You can order the pamphlet on-line or by calling
the number shown on the bottom of the second page of the pamphlet.
A few links to other resources are provided.
The Texas Low Income Housing Information Service,
a nonprofit housing advocacy group, offers very extensive “Tenant
Rights” information. Go to www.texastenant.org
and click on the “Tenant Rights” icon on the right.
In addition to providing lots of readable information, the site
has a very practical, step by step guide to dealing with a variety
of tenant issues. (The site is also one of the best resources
we’ve seen for finding affordable housing in Texas.)
UTAH
The Utah court system provides basic information
at www.utcourts.gov/howto.
Click on “Landlord-Tenant Disputes”. The “Legal
Assistance” topic on the same page is very useful in finding
low-cost help.
Go to utahdisputeresolution.org for information
on a low-cost mediation service.
VIRGINIA
The Virginia Department of Housing and Community
Development publishes a “Handbook” containing the
actual working of the statute that governs landlord-tenant relations
in Virginia. Most helpful is the detailed list of resources
the precedes the statute. Go to www.dhcd.virginia.gov/Housing,
then click on the Handbook listed under “Publications”.
More useful information, in a Q&A format, can
be found at www.vdacs.virginia.gov/consumers
and click on “Consumer News and Information” toward
the end of the list. On the top right, under “Featured
Tips for Consumers”, choose “Landlord-Tenant Frequently
Asked Questions.”
WASHINGTON
The State Attorney General’s Office provides
information on its web site, www.atg.wa.gov.
Type “landlord” in the “Search” box
at the top right. The search results will take you to the publication,
which is available in English, Spanish and Russian, and also
to the like to the Consumer Protection section which contains
lots of useable information on landlord-tenant relations.
The Tenants Union, a non-profit membership organization
organized to protect tenants’ rights, can provide additional
information. Go to www.tenantsunion.org.
Volunteers of America Western Washington offers
mediation and other dispute resolution assistance and landlord-tenant
training seminars. Go to www.voaww.org
and click on “Dispute Resolution.”
WISCONSIN
The Department of Agriculture, Trade and Consumer
Protection provides basic information at www.datcp.state.wi.us,
but the site is not particularly helpful about what to do if
you have a problem with a landlord (other thann advising you
to consult an attorney). Click on “Consumer Protection”,
and then choose “Consumer Information.” Choose “Top
Complaints” and then click on “Tenants’ Rights
and Responsibilities.”
Local jurisdictions have their own legal requirements,
tenant handbooks and resource lists. For example, go to www.ci.madison.wi.us,
click on “City Agencies”, and choose “Building
Inspection”. In the drop down menu for “I Want To”,
choose “Tenant-Landlord Rights.” The list of resources
at the end is useful for tenants living in Madison
