Hoarding as a Protected Disability in Rental Housing: What Landlords Need to Know

Hoarding as a Protected Disability in Rental Housing: What Landlords Need to Know

Disclaimer: This blog is for informational purposes only and should not be considered legal, financial, or tax advice. Always consult with a qualified attorney, accountant, or financial advisor to assess your specific situation before making decisions regarding real estate investments.


Landlords often face unexpected legal obligations when it comes to managing rental properties. From fair housing laws to local building codes, navigating these regulations can be complex, especially when dealing with residents who have specific needs or challenges. One such challenge is hoarding, a behavior that is increasingly recognized as a serious mental health disorder. While landlords may initially view hoarding as an issue of cleanliness or property maintenance, impulsively reacting to such situations can get landlords in serious trouble as hoarding is a recognized disability under the Fair Housing Act (FHA). This means landlords have legal obligations to accommodate residents with hoarding tendencies, creating an added layer of complexity when managing rental properties. Understanding these legal responsibilities is essential to ensuring both compliance with the law and a harmonious landlord- resident relationship.


What is Hoarding?

Hoarding Disorder is characterized by the persistent difficulty in discarding or parting with possessions, regardless of their actual value. People with hoarding disorder may accumulate items to the point where their living space becomes unsafe or unsanitary. It is important to understand that hoarding is not just about clutter—it’s a serious mental health condition that can lead to significant impairment in daily life.


Hoarding as a Disability Under the Fair Housing Act

The Fair Housing Act (FHA) is a key piece of legislation that prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. Hoarding is recognized as a disability under the FHA because it often stems from underlying mental health conditions such as obsessive-compulsive disorder (OCD), depression, or anxiety.

Under the FHA, landlords must provide reasonable accommodations to residents with disabilities. This includes residents with hoarding tendencies. The act of hoarding itself may not always be visible but can lead to serious issues that affect the safety, cleanliness, and livability of the rental unit. However, landlords are required to accommodate tenants who may need assistance or support in managing their hoarding behavior.


What Does This Mean for Landlords?

  1. Non-Discrimination: Landlords cannot discriminate against residents simply because they have hoarding tendencies. While residents are still responsible for maintaining their rental property and ensuring it is safe and habitable, their mental health condition must be taken into account when enforcing policies related to cleanliness and upkeep.
  2. Reasonable Accommodation: Landlords must be prepared to make reasonable accommodations for residents with hoarding tendencies. This may include allowing extra time for cleaning or organizing the unit or permitting modifications to the property (usually at the resident’s expense) to support hoarding needs (such as installing additional shelving or organizing tools).
  3. Connect with Support Services: Suggest or help facilitate the resident’s access to professional cleaning services, social workers, or mental health resources that specialize in hoarding. Residents with disabilities expressed as hoarding disorder deserve a chance to get help.
  4. Safety and Habitability: While landlords must accommodate a resident’s hoarding disorder, they are also responsible for ensuring that the rental unit remains safe, clean, and habitable. This means that excessive hoarding that presents fire hazards, obstructs exits, or leads to unsanitary conditions could still be addressed. However, landlords must balance these concerns with the need to provide accommodations for the resident’s disability.
  5. Communication: It is important to have open communication with residents who may have hoarding behaviors. If a landlord becomes aware of hoarding, the first step should be to discuss the situation with the resident to determine if any accommodations are necessary. If necessary, establish clear, reasonable stepwise deadlines for cleanup.
  6. Document Everything: To protect both parties legally, keep records of all communications, agreements, and actions taken to support the resident. Make sure all discussions and agreements are made within the boundaries of the law.
  7. Eviction: Eviction should be a last resort. Landlords should explore other options before considering eviction, such as providing additional support services or modifying lease terms to assist the resident. If eviction becomes necessary, landlords must ensure that the resident’s hoarding disorder is not being used as the primary reason for eviction without considering the disability protections afforded under the FHA.


Balancing Landlord Rights and Resident Needs

As with any disability-related accommodation, landlords must strike a balance between ensuring the resident’s rights to a safe and habitable living environment and the landlord’s responsibility to uphold safety and habitability standards. This includes working with the resident, possibly involving mental health professionals, and determining the best way to help them manage their hoarding behaviors without compromising the integrity of the rental property.

In some cases, a resident may not even realize the extent of their hoarding behaviors or the impact on their living space. In these situations, landlords can play an important role in directing residents to the right resources, such as counseling or therapy, that can help mitigate the disorder.


Conclusion

Hoarding is more than just a nuisance—it’s a disability that deserves understanding and compassion. While it can present challenges in rental housing, it is important for landlords to approach the situation with empathy and to follow the guidelines laid out by the Fair Housing Act to ensure they are providing the necessary accommodations. By doing so, landlords can help foster an inclusive, supportive environment for all residents while maintaining safe and habitable living conditions.

If you are a landlord and are unsure of how to proceed with a resident exhibiting hoarding behaviors, consulting with a legal expert in housing law or a mental health professional specializing in hoarding can provide valuable guidance. Being informed and proactive in these situations can help avoid legal issues and promote a more compassionate and supportive approach to housing.

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