DOJ: ‘Nuisance’ Evictions Could Break Federal Law

The United States Department of Justice is warning cities that ordinances that allow landlords to evict tenants for ‘nuisance’ complaints may be federally illegal, reports Gabriel Hathaway in the Winona Post. “These ordinances can lead to renters being evicted due to minor nuisance violations and other offenses,” Hathaway explains.

“While ‘crime-free’ or ‘nuisance’ rental housing programs have different features, the DOJ letter notes they may encourage or require landlords to evict or punish tenants for alleged criminal activity, reject housing applicants because of a criminal history or past calls for emergency or law enforcement assistance, or designate medical or disability-related calls for service as a ‘nuisance,’ among other things.” According to the DOJ, “These features of ‘crime-free’ or ‘nuisance’ programs may violate federal statutes such as The Fair Housing Act (FHA), title VI of the Civil Rights Act of 1964, The Americans with Disabilities Act (ADA), and The Violence Against Women Act.”

In a letter, DOJ Civil Rights Division Assistant Attorney General Kristen Clarke wrote, “The [DOJ] is charged with promoting fair access to housing and vigorously enforces federal laws aimed at achieving that goal. We encourage law enforcement agencies and local governments to assess their programs referred to as ‘crime”-free’ or ‘nuisance’ programs to determine whether they comply with the federal statutes discussed in this letter.”