2019’s Rental Housing Laws: What You Need to Know

2019’s Rental Housing Laws: What You Need to Know

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2019 turned the rental housing industry upside down – with rent caps, stricter tenant screening regulations, and increased tenants’ rights – and set precedent for the decade’s next rental housing laws. While we’ve seen rental housing trends rise and fall (remember the micro-apartment phase?), 2019’s new laws made waves so big we’ll likely see similar bills in 2020. Take a look at the legislative trends that rocked 2019 and could wreak havoc on your rental properties in 2020.

Rent Control

Are you surprised? Rent control and rent caps have been the talk of the town since 2018, and legislators were really pushing for this rental housing trend to go nationwide in 2019. While Colorado (SB19-225), Illinois (HB 3207), and Oregon (HB 2596) all proposed rent control in their state – with all three bills failing – that didn’t discourage California. Throughout the year cities across the coast have enacted their own rent control ordinances to meet tenant demand, and a state-wide rent control law was officially passed in the fall. It’s likely we’ll continue to see a few rent control bills pop up in 2020.

Tenant Screening: Criminal or Eviction Record Restrictions

At the beginning of the year, 9 different states proposed bills that targeted the use of criminal or eviction records (or both) for tenant screening. Portland, OR, Minneapolis, MN and the state of New York all made significant changes to how rental properties can vet rental applicants.

What does this have to do with the multifamily housing industry? Simply, the harder it is to access criminal or eviction records, the less likely you’ll see that information on your rental applicant’s background screening report. Not all of the laws proposed or passed are bad – Colorado’s HB19-1106 actually enforces some pre-existing industry standards – but the sheer number of these type of bills (across multiple states and in the U.S. Senate/Congress) shows that this is a serious trend the housing industry should be looking out for in 2020.

Tenant Protections

As with every year, there were plenty of bills involving tenant protections that passed. This year, California, Colorado, Georgia, Illinois, Washington, and Nevada passed various tenant protection bills, ranging from amending their definitions and procedures involving the warranty of habitability to including tenant protections for workers during a government shutdown. Of course, bills relating to tenant protections and other common rental housing procedures (like notices and eviction requirements) will be proposed in 2020.

Potential Rising Trends

One legislative trend you won’t be seeing the last of is bills revolving around legalized marijuana. This year, Illinois passed a bill legalizing recreational marijuana and Oregon passed a bill barring rental property owners from denying an applicant housing because they have a medical marijuana card or a prior minor marijuana criminal charge. As states establish where they stand on legalization (or create bills working out the kinks of legalization), you’ll likely see a handful of these bills in the coming years.

On top of marijuana bills, you might also see more legislation involving service animals or emotional support animals. Although this type of legislation was more popular in 2018, with Indiana passing SB 240 and South Dakota passing SB 119, the U.S. Department of Housing and Urban Development’s (HUD) recent press release encouraging the investigation into fake assistance animal document websites and Illinois’ new law is promising.

What are your 2020 predictions? Let us know in the comments below!

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Tenant Screening

Can Your Tenant Legally Own An Alligator As An Emotional Support Animal?

When you think of an emotional support animal, what comes to mind? It would be fair to assume the first thought to enter one’s head would be a dog, if not some kind of bipedal mammal — and most likely not a reptilian carnivore with razor-sharp teeth.

In enters WallyGator: a five-and-a-half foot, 70-pound TikTok famous alligator with over 72,600 followers on the platform owned by Philadelphia, Pennsylvania native Joie Henney. While it is legal to own alligators in Philadelphia, that isn’t the case in many other states — nor is it likely that the majority of pet gators, if any, qualify as emotional support animals. Or is it?

Since Wally’s uptick in popularity on the internet back in August, “alligators” as a related topic to the Google search query “emotional support animal” has seen a 300% increase in search frequency, most likely for the purposes of curious internet users seeing and reading about WallyGator for themselves. However, with the increase in popularity of keeping various species of reptiles as house pets and the common need for emotional support animals, it isn’t beyond the realm of possibility that people with legitimate mental health conditions, unique cases of PTSD, or related conditions could be looking into obtaining a support gator of their own.

As we’ve previously covered, the Department of Housing and Urban Development (HUD) has provided guidance on how the Fair Housing Act (FHA) interfaces with the ADA (Americans with Disabilities Act) regarding emotional support animals. HUD classifies assistance animals into two different categories in order to distinguish their roles from one another: service animals (primarily dogs), and other trained animals that do work, perform tasks, and/or provide therapeutic emotional support for individuals with disabilities. Per HUD’s guidelines, because Wally is not a dog, he, therefore, cannot qualify as a service animal – so, how does HUD define Wally and his role, exactly?

HUD states if the service animal status is not readily apparent, to limit inquiries to two questions: “Is the animal required because of a disability?” and “What work or task has the animal been trained to perform?”, and if the answer to either question is no, then following denial of service animal status under federal, HUD states that the animal can still qualify as a support animal or other assistance animal, depending on what needs to be accommodated.

In Wally’s case, Henney received approval to use him as a support animal after expressing to his doctor he did not want to be medicated for depression following the deaths of several family members and close friends in a short period of time, and more recently, his untimely cancer diagnosis. Even before rescuing and adopting Wally, Henney has worked with and rescued reptiles (particularly alligators) for over thirty years, and his vocation is one he is very passionate about – so it stands to reason his support animal of choice would be one he’s so accustomed to working with.

Because the ADA makes the same distinction that an emotional support animal would only be classified as such due to its mere presence providing comfort as opposed to employing any training to respond to a situation, HUD’s guidelines technically, but clearly grant Wally his status as a legitimate emotional support animal under federal law.

While Wally’s status is protected in the eyes of the law, HUD also states that a housing provider can refuse a reasonable accommodation request for a support or assistance animal if said animal poses a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of other which cannot be reduced or eliminated. However, before denying such a request due to a lack of information, a housing provider is encouraged to engage in a “good-faith” conversation with the owner of the support animal to gather information about the animal and mitigate any potential misunderstandings regarding its purpose.

Luckily for most property owners, WallyGator is very much an anomaly, and most folks aren’t scrambling to obtain an emotional support gator of their very own, anyway. Henney himself calls Wally a “very special gator” (he’s trained Wally to understand commands and to keep his mouth closed around other people) and actively discourages others to adopt a pet alligator if they’re not actively predisposed to working with alligators, stating “if you don’t know what you’re doing, you will get bit”.

Check out ApplyConnect’s HUD guidance breakdown: https://www.applyconnect.com/wp-content/uploads/2020/02/Emotional-support-animals_-HUDs-Guidance-cliff-notes-AC-Version.pdf

Read More »

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Tenant Screening

Can Your Tenant Legally Own An Alligator As An Emotional Support Animal?

When you think of an emotional support animal, what comes to mind? It would be fair to assume the first thought to enter one’s head would be a dog, if not some kind of bipedal mammal — and most likely not a reptilian carnivore with razor-sharp teeth.

In enters WallyGator: a five-and-a-half foot, 70-pound TikTok famous alligator with over 72,600 followers on the platform owned by Philadelphia, Pennsylvania native Joie Henney. While it is legal to own alligators in Philadelphia, that isn’t the case in many other states — nor is it likely that the majority of pet gators, if any, qualify as emotional support animals. Or is it?

Since Wally’s uptick in popularity on the internet back in August, “alligators” as a related topic to the Google search query “emotional support animal” has seen a 300% increase in search frequency, most likely for the purposes of curious internet users seeing and reading about WallyGator for themselves. However, with the increase in popularity of keeping various species of reptiles as house pets and the common need for emotional support animals, it isn’t beyond the realm of possibility that people with legitimate mental health conditions, unique cases of PTSD, or related conditions could be looking into obtaining a support gator of their own.

As we’ve previously covered, the Department of Housing and Urban Development (HUD) has provided guidance on how the Fair Housing Act (FHA) interfaces with the ADA (Americans with Disabilities Act) regarding emotional support animals. HUD classifies assistance animals into two different categories in order to distinguish their roles from one another: service animals (primarily dogs), and other trained animals that do work, perform tasks, and/or provide therapeutic emotional support for individuals with disabilities. Per HUD’s guidelines, because Wally is not a dog, he, therefore, cannot qualify as a service animal – so, how does HUD define Wally and his role, exactly?

HUD states if the service animal status is not readily apparent, to limit inquiries to two questions: “Is the animal required because of a disability?” and “What work or task has the animal been trained to perform?”, and if the answer to either question is no, then following denial of service animal status under federal, HUD states that the animal can still qualify as a support animal or other assistance animal, depending on what needs to be accommodated.

In Wally’s case, Henney received approval to use him as a support animal after expressing to his doctor he did not want to be medicated for depression following the deaths of several family members and close friends in a short period of time, and more recently, his untimely cancer diagnosis. Even before rescuing and adopting Wally, Henney has worked with and rescued reptiles (particularly alligators) for over thirty years, and his vocation is one he is very passionate about – so it stands to reason his support animal of choice would be one he’s so accustomed to working with.

Because the ADA makes the same distinction that an emotional support animal would only be classified as such due to its mere presence providing comfort as opposed to employing any training to respond to a situation, HUD’s guidelines technically, but clearly grant Wally his status as a legitimate emotional support animal under federal law.

While Wally’s status is protected in the eyes of the law, HUD also states that a housing provider can refuse a reasonable accommodation request for a support or assistance animal if said animal poses a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of other which cannot be reduced or eliminated. However, before denying such a request due to a lack of information, a housing provider is encouraged to engage in a “good-faith” conversation with the owner of the support animal to gather information about the animal and mitigate any potential misunderstandings regarding its purpose.

Luckily for most property owners, WallyGator is very much an anomaly, and most folks aren’t scrambling to obtain an emotional support gator of their very own, anyway. Henney himself calls Wally a “very special gator” (he’s trained Wally to understand commands and to keep his mouth closed around other people) and actively discourages others to adopt a pet alligator if they’re not actively predisposed to working with alligators, stating “if you don’t know what you’re doing, you will get bit”.

Check out ApplyConnect’s HUD guidance breakdown: https://www.applyconnect.com/wp-content/uploads/2020/02/Emotional-support-animals_-HUDs-Guidance-cliff-notes-AC-Version.pdf

Read More »

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ApplyConnect marks used herein are trademarks or registered trademarks of applyconnect.com. Other product and company names mentioned herein are the property of their respective owners.

Get Started with ApplyConnect!

The nation’s most trusted tenant screening for real estate agents, landlords, and property managers. No cost background checks available 24/7.

©2018 ApplyConnect. All rights reserved

ApplyConnect marks used herein are trademarks or registered trademarks of applyconnect.com. Other product and company names mentioned herein are the property of their respective owners.