Tenants, fearful of rent increases or further neglect, may put up with conditions that defy normal standards for habitation.
Overseers of Habitability
A landlord is a property owner who takes responsibility for lives of tenants. Laws in each community govern reasonable standards that promote good safety and habitability. Additionally, the owner manifests a natural pride of ownership and desire to maintain the property investment.
Rental property is an investment. During some market conditions, a buyer may take on an upside down mortgage with the hope that equity will build in the future. The sum of collectable rents, necessary property repairs, and mortgage payments determine whether there’s a profit for the owner.
A short-sighted slumlord attempts to maximize profit by minimizing spending on property maintenance. They usually avoid property management services and do very little or no maintenance on their property.
How does a property owner become a slum landlord? In some cases, it’s intentional. By purchasing property within deteriorating neighborhoods, owners raise rents and intimidate tenants. In other cases, aging owners neglect building maintenance due to their own deteriorating health and mobility.
Inheriting Responsibility
As property owners age out and leave their assets to children the new custodians of habitability inherit responsibility they may not appreciate. Often, the first thing they do is have property appraised. If there are multiple heirs, they divide assets like automobiles, homes, and bank balances.
Previously neglected property may be problematic if controlled rents are not commensurate with required repairs. Instead of allocating some inherited funds toward property improvements, they focus on the value of current rents with the idea that this is income property, not out-go property.
The shortsighted viewpoint can result in relatively young slumlords overseeing dilapidated buildings with peeling paint, nuisance pests, rampant rodents, outdated plumbing, absent smoke detectors, and malfunctioning appliances.
Health dangers include Hantavirus (HPS) from infected house mice or Lymphocytic Choriomeningitis (LCM) from field mice. Transmission is possible from biting and physical or airborne contact with droppings or urine. Symptoms include headaches, fatigue, and nausea. Encephalitis is possibile.
Rights of Tenants
New and established property owners should recognize that tenants have rights. Tenants can report health and safety violations to local governing authorities who will cite the owners. It some cases this will motivate them to readjust priorities. Others will continue ignoring complaints.
Health Inspector Actions
- Enforce the California Health and Safety Code.
- Inspect apartments for health code violations such as vermin (i.e. cockroaches, rodents), and lack of maintenance (i.e. electrical, plumbing, structural)
- Investigate citizens’ complaints regarding general sanitation and nuisance problems.
- Make referrals to other agencies such as Building and Safety, Vector Control District, Fire Department, and Zoning.
A Code Enforcement Officer is a sworn or non-sworn inspector, officer or investigator, employed by a city, or county, or city and county, who possesses specialized training in, and whose primary duties are the prevention, detection, investigation, and enforcement of violations of laws regulating public nuisance, public health, safety, and welfare, public works, business activities and consumer protection, building standards, land-use, or municipal affairs.
It can boil down to a battle of wills—who holds out the longest. The owner wants tenants paying under market value out. Tenants within rent-controlled areas are unwilling and not required to pay significant rent increases. In some jurisdictions, tenants may be able to withhold rent payments pending necessary corrections.
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A landlord might try to sell the unmaintained property as-is to a land developer or unsuspecting investor, ridding himself of the responsibility to repair. New owners in some cases can occupy apartment units with appropriate relocation compensation to tenants.
When the health of residents is at stake, a tenant may not want to escalate a situation with the landlord. However, a health inspection may be necessary to rectify matters, making violations a matter of public record. To put pressure on slumlords, either contact your local city or county housing inspector and make a complaint, phone your local news station, or an attorney.
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