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HUD Tenant Rights
by Mary Lovee Varni
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Overview
HUD Tenant Rights
"To support community development and increase access to affordable housing free from discrimination" is the mission of the U.S. Department of Housing and Urban Development (HUD). This federal government agency oversees numerous national housing programs and services. One way HUD carries out its mission is by establishing certain rights for multifamily housing tenants. These rights pertain to fair housing, living environment, resident organization and relocation services.
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Fair and Equal Treatment
It's illegal to discriminate against HUD applicants or renters based on the seven protected classes defined by the federal Fair Housing Act of 1968: color, disability, familial status, gender, national origin, race or religion. Individuals deserve fair and equal treatment regarding the application process, placement, repairs, response time, communication, services and access to common areas.
For example, a landlord can't refuse to lease an apartment because of the applicant's ethnicity. He can be turned away, however, for not meeting legitimate financial prerequisites. Similarly, it's illegal for property managers to offer one level of service to women and another to men.
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Safe Residential Living
HUD apartments must be free from environmental housing risks such as lead, asbestos and radon. Moreover, they have to be clean and in good working order. Renters are also entitled to timely repairs and advance written notice whenever their apartment is entered for nonemergency reasons.
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Right to Organize
According to HUD, occupants have the right to peacefully organize with fellow residents without interference or retribution from landlords and staff. For instance, they may publicly display information in designated areas or distribute them among tenants.
They're also entitled to use on-site facilities to plan or host projects and meetings, even if they concern management complaints or issues. Residents can even do so without an owner or staff representative present. However, managers can charge a reasonable fee for using the site as they would for any other event.
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Displacement Assistance
The 1970 Uniform Relocation Assistance and Real Property Acquisition Policies Act provides displacement services to eligible HUD tenants. When a multifamily housing structure is bought out, condemned or undergoes extensive repairs, renters receive professional advice and monetary compensation. For instance, the tenant is given an allowance to fund moving expenses and the deposit on a new apartment.
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Considerations
HUD tenant rights are subject to state, county and municipal laws. For example, some states protect additional fair housing groups such as age, appearance, source of income or marital status. Therefore, it's illegal to discriminate against applicants and tenants based on those classes as well.
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Warning
HUD tenant rights don't apply to every renter. Occupants must consult the local HUD agency to determine their eligibility.
