Lawrence County Fair Housing Project

Ironton Lawrence County Fair Housing Project

The Ironton Lawrence County Fair Housing Project is a program developed to help communities plan and carry out comprehensive voluntary fair housing strategies.  This program is made possible by the City of Ironton and the Lawrence County Commissioners, establishing a City/County-wide Fair Housing Program.  The Fair Housing project brings together persons from the public and private sector, working for freedom of choice in housing for all residents of the City of Ironton and Lawrence County.

Discrimination in Housing is ILLEGAL

The Department of Housing and Urban Development enforces the Fair Housing Act, which protects you against violations of your housing rights.  Every American had a right to fair housing.  The right to live where you chose, to raise a family, own a home – in dignity and without fear of discrimination – is a fundamental right guaranteed to all, it cannot be denied to any because of race, color, sexes, religious beliefs, disabilities, familial status, ancestry, military status and LGBT individuals.

Your Rights Under The Law

There are a number of Federal and State laws which promote fair housing and prohibit discrimination in the rental of sale of housing.

These include:

Some local communities have passed fair housing ordinances which make racial discrimination in the rental or sale of any property illegal.  These laws also make it unlawful for any person on the basis of race, color, religion, sex, handicap, familial status, national origin, ancestry, military status or LBGT to:

The Following Are Some Of The Acts Which Are Illegal:

It is unlawful for any person or other entity whose business includes engaging in “residential real estate related transactions,” to discriminate against any person in making available such a transaction.

Making different terms and conditions for buying or renting housing.

Make, print, publish, or post statements or advertisements only to persons or a certain race, color, sex, religion, national origin, handicap or familial status.

Deny housing is available for inspection, sale or rental (when it really is)

Discrimination in the financing, appraising, selling, brokering, or other “real estate related transactions,” such as the making or purchasing of loans or providing other financial assistance.

Denying to persons the use of real estate services, brokerage services, or multiple listing services.

Familial Status

Means one or more individuals (under the age of 18) living with a parent or another person having legal custody of such individuals; or the designee of such parent or other person having such custody with the written permission of such parent or other person. 

The protection shall also apply to any person who is pregnant or in the process of securing legal custody of any individual under the age of 18.

Disability

If you or someone associated with you:

Have a physical or mental disability (including hearing, mobility, and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental Retardation) that substantially limits one or more major life activities.

Have a record of such a disability or

Are regarded as having such a disability.

YOUR LANDLORD MAY NOT:

Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the handicapped person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)

Refuse to make reasonable accommodations in rules, policies, practices, or services, if necessary, for the handicapped person to use the housing.

EXAMPLE: A building with a “no pets” policy must allow a visually impaired tenant to keep a guide dog.

Contact Tracy Wydeck, Fair Housing Officer, if you have any questions about filing a complaint:

120 N 3rd Street, Ironton OH 45638  (740) 532-3140

Know Your Tenants Rights

In Ohio, landlord-tenant relations are governed by the Ohio Landlord Tenant law (Ohio Revised Code 5321) and by the Eviction statute (ORC 1923) Most libraries have this information, or you can find the laws online by clicking here:

ORC Chapter 5321: LANDLORDS AND TENANTS -or-  ORC Chapter 1923: FORCIBLE ENTRY AND DETAINER

In Ohio, a Landlord has a duty to:

• Put and keep the premises in a fit and habitable condition;
• Keep the common areas safe and sanitary;
• Comply with building, housing, health and safety codes;
• Keep all electrical, plumbing, heating and ventilation systems and fixtures in good working order;
• Maintain all appliances and equipment supplied or required to be supplied by him/her;
• Provide running water, reasonable amounts of hot water and heat, unless the hot water and heat are supplied by an installation that is under the exclusive control of the tenant and supplied by a direct public utility hook-up;
• Provide garbage cans and arrange for trash removal, if the landlord owns four or more residential units in the same building;
• Give at least 24 hours notice, unless it is an emergency, before entering a tenant’s unit and enter only at reasonable times and in a reasonable manner;
• Evict the tenant when informed by a law enforcement officer of drug activity by the tenant, a member of the tenant’s household or a guest of the tenant occurring in or otherwise connected with the tenant’s premises.

In Ohio, a Tenant has a duty to:

• Keep the premises safe & sanitary;
• Dispose of rubbish properly;
• Keep the plumbing fixtures as clean as their condition permits;
• Use electrical and plumbing fixtures properly;
• Comply with housing, health and safety codes that apply to tenants;
• Refrain from damaging the premises & keep guests from damaging;
• Maintain the appliances supplied by the landlord in good working order;
• Refrain from disturbing any neighbors and require guests to do the same.
• Permit landlord to enter the dwelling unit, if the request is reasonable and proper notice is given.
• Comply with state or municipal drug Laws in connection with the premises and require household members and guests to do likewise.

Getting Repairs

If a landlord does not comply with the duties in the Ohio Landlord Tenant Law, or in the local housing codes, or in the rental agreement, then a tenant may give the landlord a notice to correct the condition.

This notice must be in writing and delivered to the person or at the place where the tenant normally pays rent. Tenant should keep a copy of this notice.

If the landlord does not correct the condition in the written notice within a reasonable time, not to exceed 30 days, then the tenant may:

• deposit his/her rent with the Court
  
• apply to the Court for an order to compel the repairs, or
• terminate the rental agreement.

Rent Deposit (Escrow)

Requirements

A tenant must be current in her/his rent before depositing rent with the Clerk of Courts. The tenant may not deposit rent in “bad faith”, or for a condition which the tenant caused. A tenant may not just “hold on” to the rent.

Rent deposits (escrow) must be made on or before the normal rent due date. Check with the local Clerk of Courts to find out exact procedures.

If a tenant received a written notice from the landlord at the beginning of the tenancy which states that the landlord owns three or fewer units, then the tenant may not take legal action under the Ohio Landlord Tenant Law.

If the landlord fails to disclose her/his name and address and the name and address or his/her agents, then the landlord gives up the right to a notice before the tenant takes legal action.

Rent Increases, Charges, & Deposits

Under a month-to-month rental agreement, the landlord must give a full 30 days notice before increasing rent. In the case of a written lease, the landlord may not increase rent during the term of the lease. There is no rent control in Ohio.

Late charges may be included in a rental agreement, but they may not be “unconscionable” (unfair).

A deposit to “hold the unit”, an application fee, or a credit check fee are not governed by any state law. Before giving money, get a written statement of the charge and the conditions for a refund.

DON’T ASSUME ANYTHING and never give money without getting a receipt.

Check with your attorney.

Terminating a Rental Agreement

Either a landlord or a tenant may terminate a month-to-month agreement by giving a full 30 days notice to the other party. The 30 days begins on the next rent due date and runs with the rent period.

A written rental agreement (lease) normally describes how to terminate or renew. If termination or renewal is not stated, then the agreement ends on the date in the agreement, without a presumption of renewal.

A landlord may give a tenant a written notice that the tenant has violated a provision of the Ohio Landlord-Tenant Law that materially affects health and safety and advising the tenant that the rental agreement will end in 30 days. If the tenant corrects the problem, then the rental agreement will not be terminated.

A tenant may give a landlord a written notice to comply with a duty imposed by the Ohio Landlord-Tenant Law that materially affects health and safety and requesting correction within 30 days. If the landlord fails to correct the condition, then the tenant may terminate the rental agreement.

If a tenant “breaks” a lease by moving before the lease is up, or if a lease has terminated because the tenant is in violation of the Law, the tenant may be held liable under the agreement until the unit is re-rented.

Disclosures at the Point of Renting

At the beginning of the tenancy, landlords must disclose in writing their name and address and the name and address of their agents, along with a statement of any known lead hazards in/on the premises, if built before 1978.

Right of Access

A landlord may enter a tenant’s unit only after giving a 24 hour notice, except in an emergency.

Landlords may not enter at an unreasonable time or in an unreasonable manner. Landlords may not make repeated requests for entry that have the effect of harassment.

A tenant must not unreasonably restrict the landlord’s right of access. Tenants may seek an injunction when a landlord abuses the right of access.

See your attorney!

Eviction

A landlord may bring an eviction action in court when the tenant has:

• failed to pay rent on time stayed in the unit after the termination
• or expiration of the rental agreement.

To bring an eviction action, the landlord must serve a 3 day “notice to vacate” in person, by mail, or at the premises. If the tenant does not move within the 3 day period, then the landlord must file an eviction action at the court in the city where the property is located. The Court will schedule a hearing and send a summons to the tenant.

If an eviction is ordered as a result of the evidence presented at the hearing, the landlord will arrange with the Court to have the tenant’s belongings removed from the unit if the tenant does not move.

Local procedures may vary, check with an attorney or your municipal court

Eviction: Second Cause of Action

An eviction summons may include a “second cause of action” to recover money damages. The tenant may answer the claim for money damages within 28 days of receiving the complaint.

If a tenant fails to answer the complaint, the Court may issue a default judgment in the landlord’s favor without holding a hearing. A default judgment will stop the tenant from later objecting to a landlord’s claim.

See your attorney if you want to dispute a second cause claim.

Security Deposits

In Ohio, a landlord may collect a security deposit to cover the costs of unpaid rents or charges and costs of damages to the property caused by the tenant if the damages are in excess of normal wear and tear.

The landlord is required to return the security deposit to the tenant within 30 days after the tenant gives up occupancy and terminates the rental agreement. The tenant must provide with a written forwarding address.

If the landlord makes a deduction from the security deposit, the landlord must provide a written itemized account of the money that is being withheld.

If the landlord has not returned the deposit after 30 days, or if there is no itemized accounting, or if the tenant disagrees with the landlord’s decision to withhold some or all of the security deposit, then the tenant may sue for double the amount that the tenant believes was wrongfully withheld.

If the total security deposit is greater than one month’s rent, the landlord owes 5% interest on the amount in excess of one month’s rent, paid annually.

Retaliation Prohibited

The Ohio Landlord Tenant Law forbids a landlord from retaliating against a tenant by increasing the rent, decreasing the services, evicting or threatening to evict the tenant because the tenant has:

• Complained to a public official, or
• Complained to the landlord, or
• Joined with other tenants to bargain collectively over the terms and conditions of the rental agreement.

A landlord who engages in retaliation may be held liable for any actual damages to the tenant and for reasonable attorney’s fees.

Self-help Eviction Prohibited

Whether or not a tenant’s right to occupy a residential unit has ended, a landlord may not:

• Shut off utilities, or
• Change the locks to force the tenant from the unit, or
• Seize the tenant’s possessions to recover unpaid rent.
  

Landlords who violate this section of the Law may be held liable for actual damages and attorney fees.

Fair Housing Practices

Landlords may not discriminate against tenants on the basis of race, religion, color, national origin, gender, familial status (having children under 18), or disability. In Ohio, ancestry and military status are also protected classes. Check your local phone directory for the fair housing agency in your area or call Ohio Civil Rights Commission at: 888-278- 7101.

The Following Are Some Of The Acts Which Are Illegal:

It is unlawful for any person or other entity whose business includes engaging in “residential real estate related transactions,” to discriminate against any person in making available such a transaction.

Making different terms and conditions for buying or renting housing.

Make, print, publish, or post statements or advertisements only to persons or a certain race, color, sex, religion, national origin, handicap or familial status.

Deny housing is available for inspection, sale or rental (when it really is)

Discrimination in the financing, appraising, selling, brokering, or other “real estate related transactions,” such as the making or purchasing of loans or providing other financial assistance.

Denying to persons the use of real estate services, brokerage services, or multiple listing services.

Familial Status

Means one or more individuals (under the age of 18) living with a parent or another person having legal custody of such individuals; or the designee of such parent or other person having such custody with the written permission of such parent or other person. 

The protection shall also apply to any person who is pregnant or in the process of securing legal custody of any individual under the age of 18.

Disability

If you or someone associated with you:

Have a physical or mental disability (including hearing, mobility, and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental Retardation) that substantially limits one or more major life activities.

Have a record of such a disability or

Are regarded as having such a disability.

YOUR LANDLORD MAY NOT:

Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the handicapped person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)

Refuse to make reasonable accommodations in rules, policies, practices, or services, if necessary, for the handicapped person to use the housing.

EXAMPLE: A building with a “no pets” policy must allow a visually impaired tenant to keep a guide dog.

The Fair Housing Bill of Rights for Property Owners, Managers and Developers

FAIR HOUSING LAWS GIVE YOU RIGHT TO:

• Focus directly on economic factors in your selection process of prospective tenants.
• Judge the applicant’s ability to pay.
• Check and factor in the applicant’s credit/rental history.
• Weigh the ability of the prospective tenant to follow the rules and procedures of the tenancy and respect the rights of his/her neighbors.   
• Reject and legally evict any prospective/current tenant who is using illicit drugs or abusing alcohol.  The Fair Housing Act protects only recovering alcohol abusers and drug addicts.
• Require a disabled person who requests specially needed unit modifications for the full enjoyment of the premises to make modifications at their own expense.
• Withhold permission to allow reasonable modifications to be made only if the property owner is able to prove a strong business reason as to why the requested changes are impractical, the landlord may permit changes only if the tenant agrees to restore the property to its original condition when the tenant moves.
• Place limitations on the rights of all tenants to the amenities associated with the tenancy so long as al those limitations apply to all alike.
• Reject the application of any prospective tenant who is a direct threat to the health and safety of others.
• Rent to an immigrant applicant in the private market without the need to satisfy eligibility.
• Adhere to any reasonable local, state or federal restrictions regarding the maximum numbers of occupants permitted to occupy a dwelling.  The only requirement is the occupancy standards must not operate to discriminate Title VIII’s protected classes.
• Refuse to rent to families with children, so long as the property meets the criteria for operating as a “Seniors-Only” complex.
• Develop and implement reasonable health and safety rules relating to the use of units and the facilities associated with them where families and children are residing.
• Exempt your property from coverage of the Fair Housing Act if you are the owner-occupier of a building of no more than four (4) units or if the unit is a single family dwelling not using a broker or if the housing is operated by an organization and private club that limits occupancy to members.

A Landlord Can Evict a Tenant Because:

• If a tenant does not pay his/her rent when due.
• If a tenant stays in his/her unit after their lease expires, without paying rent.
• If a tenant received a 30 day notice to move and stays in the unit past the deadline.
• If a tenant has been give a notice to correct a condition in his/her unit and does not correct it within 30 days.