escaping the trap of unhealthy housing: analysis of remedies for tenants in substandard housing...
TRANSCRIPT
Escaping the Trap of Unhealthy Housing: Analysis of Remedies for Tenants in
Substandard Housing
Allyson E. GoldSupervising Attorney and Rodin Clinical Teaching
FellowHealth Justice Project, Loyola University Chicago
School of Law
“In the United States today, the leading preventable causes of death, disease, and disability are asthma,
lead poisoning, deaths in house fires, falls on stairs and from windows,
burns and scald injuries and drowning in bathtubs and pools.”
Surgeon General 2009, Call to Action to Promote Healthy Housing
Agenda
1. Understanding the problem of unhealthy housing
2. The Trap is Set: Limitations in Existing Law
3. Escaping the Trap: Policy Recommendations to Improve Health of Low-Income Tenants
Unhealthy Housing Conditions
Common Issues Mold, infestations (rodent, cockroach, bedbugs)
Peeling Paint
Exposed wires, uncovered radiators, alternative sources of heat
Unaffordable housing or utilities; insufficient heat, water, refrigeration
Overcrowding
Health Problems Asthma, chronic respiratory problems, rashes, mycotoxin reaction
Lead poisoning
Burns, injuries, fires
Heat or eat, malnutrition, failure to thrive, chronic problems
Spread of infectious disease
Cost of Unhealthy Housing
Source: American Journal of Public Health November 2009; 99 (Suppl 3): S666-S674.
The Trap is Set
Current legal remedies are insufficient to enable low-income
tenants to escape unhealthy housing
Remedies Against the Landlord
•Repair and deduct
•Adjust the rent to reflect decreased value of the premises
•Petition the court to appoint a receiver
•Sue the landlord for injuries
•Terminate the lease
Limitations of Inspection Practices
• Complaint-Based Inspection– The current approach to inspection in
the majority of municipalities is complaint-based.
– Under this system, the onus of reporting substandard housing conditions is on the tenant
• Fragmented Inspection Procedures– In many municipalities, there is no one,
central agency that conducts inspections for all substandard housing conditions.
Municipal Duty of Care
The law does not impute a duty of care on municipal government.
•Ferentchak v. Village of Frankfort
•Azziz v. City of Chicago
•Stigler v. City of Chicago
Tort Immunity Acts
Tort Immunity Acts limit liability for government agencies, even if the government had a duty of care to tenants in the property
•Rasher v. City of Champaign, IL
Effect of Tort Laws on Tenants
If an injured tenant can establish that the government owed a duty of care, she must
then overcome significant statutory immunities given to local government by tort
immunity laws.
As a result, it is unlikely that a low-income tenant will ever recover damages for injury
resulting from substandard housing.
Escaping the Trap
Recommendations to improve housing stock and health of tenants
Reforming the Inspection System
• Proactive Inspection System – In order to enter the rental market, landlords
are required to certify their units comply with the housing code
• Additional Tools for Municipal Inspectors– Training landlords as business owners – Working with landlords to abate unsafe
conditions
Reforming the Inspection System
• Centralized Inspections – Training inspectors to address all
substandard housing conditions
• Interprofessional Inspection – Coordination between inspectors, organizers,
health services professionals, and lawyers to improve housing and health of low-income tenants
Funding Reform: Individual Level
• Business owner fees
• Mandatory Insurance – Carve outs for mom and pop
landlords
• Liens on troubled properties – City repair fund
Funding Reform: Community Level
•Public/Private partnerships – Social impact bonds targeting improved
health outcomes
•Affordable Care Act– Section 1115 waivers to fund housing
improvements
•Private Insurance Companies– Early investment for long-term financial
gains
Questions? Thank you!
Allyson E. Gold Supervising Attorney and Rodin Clinical Teaching
FellowHealth Justice Project
Loyola University Chicago School of Law [email protected]
www.luc.edu/healthjustice