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Belmont County, Ohio
Fair Housing
Practices & Policies
Equal Housing
Opportunity
Given as a Public
Service by:
The Belmont County
Fair Housing Commission
P.O. Box 54
St. Clairsville, OH 43950
(740) 695-2121
Introduction
Fair Housing Commission
Why A Fair Housing Commission?
What is Discrimination and Where To File?
Complaint Investigation
Ohio Tenant - Landlord Law
Introduction
Tenant Rights
Landlord Rights
Legal Duties - Tenant
Legal Duties - Landlord
Notice Required to End a Tenancy
Leases
Deposits
Repairs
Eviction
INTRODUCTION
The
Board of Commissioners of Belmont County, Ohio, recognizing that the
population of the County includes people of different races, colors,
religious beliefs, disabilities, sexes and national origins;
believing in the principle of equal rights and privileges in the
search for housing by these diverse population groups; and desiring
a policy consistent with that established by the Legislature of the
State of Ohio and the Congress of the United States, adopted a Fair
Housing Resolution on September 15, 1980.
The Resolution set forth the intent of the Board to implement
a Fair Housing Program in Belmont County, declaring that the Fair
Housing Commission will be the entity responsible for caring out
such implementation.
The
purpose of this pamphlet information is to inform the public as to
the practices and policies of the Fair Housing Commission, and to
give the public a basis to determine if any violations of the Fair
Housing Laws are occurring.
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FAIR
HOUSING COMMISSION
The
Fair Housing Commission of Belmont County, Ohio consists of seven
persons appointed by the County Commissioners.
In order to be appointed a person must reside in Belmont
County. Terms of office
for the members vary so that there will always be a well informed,
well educated (in matters regarding Fair Housing) Commission.
As with most County Commissions, the members serve as
volunteers without pay.
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WHY
A FAIR HOUSING COMMISSION:
The
purpose of the Fair Housing Commission is to insure that all persons
in Belmont County, Ohio are treated fairly when searching for
housing. By definition,
Fair Housing is:
A
condition in which individuals of similar income levels in the same
housing market have a like range of housing choices available to
them regardless of their race, color, religion, national origin,
sex, handicap, familial status, or military status.
Fair Housing treatment applies to persons seeking to lease,
rent, or buy a dwelling or land within the County.
Willful
intent to violate the basic principles of Fair Housing is termed
discrimination, distinction or difference in treatment to any person
in the sale, lease, or rental of a housing unit or land for
construction of a housing unit, because of a person’s race, color,
religion, sex, national origin, handicap, familial status, or military status.
Discrimination is a violation of Federal and State Law, and
penalties can be imposed upon those who willfully practice housing
discrimination.
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WHAT
IS DISCRIMINATION AND WHERE TO FILE?
Do
you feel you have been denied the right to rent, lease, or buy
residential property because of your race, color, sex, religion,
national origin, handicap, familial status, or military status?
Have you answered an advertisement for residential property
that was for sale, rent or lease then told, after you showed up to
view the property, that it was no longer available?
Have you been denied the opportunity to complete an
application fort he purchase, rental or lease of residential
property for no apparent reason?
Have you been asked to pay a higher deposit for a rental than
other prospective tenants? Do
you feel that you were denied financing by a lending institution
(bank, savings, and loan, or other company in business to provide
money for a person to buy property)
because of your race, color, creed, sex, national origin,
handicap, family status, or military status?
If
you can give YES answer to any of these questions then you may have
been illegally discriminated against. There are places where you can
register a complaint. First, call the Belmont County Fair Housing Commission
located in St. Clairsville, Ohio.
You must do this within 360 days (one year) of the alleged
discrimination. You
will be asked to come to our office to fill out a written, formal
complaint against the company or person that you believe may have
discriminated against you.
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COMPLAINT
INVESTIGATION
The
written complaint will be given to the Fair Housing Commission for
investigation. The
investigation will involve interviews with you and the person or
company complained against. The
Fair Housing Commission will advise you if it believes a Fair
Housing violation did or did not take place.
I(f there is reason to believe that discrimination did occur,
the Commission will advise you on how to pursue the matter.
If you are not satisfied with the decision of the Belmont
County
Fair Housing Commission,
you still can pursue the matter with either the Ohio Civil Rights
Commission, 220 Parsons Avenue, Columbus, Ohio (phone (614)
466-5928), or the U.S. Department of Housing
and Urban Development (HUD), Division of Fair Housing and Equal
Opportunity (phone 1-800-669-9777). These Administrative agencies will investigate and determine
if a Fair Housing violation has taken place. There is no charge or
cost to you when you file a complaint with the U.S. Department of
Housing and Urban Development or the Ohio Civil Commission.
You can also hire a private attorney to pursue your complaint
of discrimination.
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OHIO
TENANT – LANDLORD LAW
Fair
Housing treatment is not the same as tenant-landlord relations.
A tenant and landlord must abide by Ohio’s Landlord –
Tenant Law in performing various duties and responsibilities.
For more information, see our booklet –TENANT/LANDLORD
HANDBOOK.
When
renting, leasing, or buying residential property walkways have a
contract. Never sign anything without knowing what the contract says.
If you are not sure, see an attorney.
None of the rights or remedies provided under the Fair
Housing Law may be taken away by any written or oral agreement.
This booklet is designed to help you understand your Fair
Housing rights and is to be used as a guide only in knowing where to
go when discrimination occurs.
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INTRODUCTION
The
legal rights and duties of tenants and landlords are spelled out in
an Ohio Law which went into effect on November 4, 1974.
This Handbook will summarize these rights and duties, and is
meant to be of assistance to persons who pay rent as well as owners
of rental dwellings.
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TENANT
RIGHTS
A
tenant has the right to:
-join
a tenants’ union to bargain with the landlord about the terms of a
rental agreement;
-complain
to the landlord about his failure to perform his legal duties;
-complain
to a government agency about a landlord’s violation of housing
laws and regulations affecting health and safety;
-know
the name and address of the owner of the property and his agent, if
he has one. This must
appear in the written rental agreement or in a separate written
document given to the tenant when he moves in;
-at
least three day’s written notice before the landlord begins
eviction proceedings against him;
-five
day’s written notice before an eviction hearing in court can be
held;
-notice
from the landlord when the landlord wishes to end the tenancy (see
LANDLORD REQUIRED TO END TENANCY).
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LANDLORD
A
landlord can lawfully evict a tenant if:
-the
tenant fails to pay rent when it becomes due;
-the
tenant refuses to leave the premises after his rental agreement
expires;
-the
tenant does not perform his duties as described in this booklet
which materially affect health and safety;
-the
landlord has the right to notice from the tenant when the tenant
wishes to end the tenancy (see NOTICE REQUIRED TO END A TENANCY).
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LEGAL
DUTIES - TENANT
Under
the law, a tenant is responsible for:
-keeping
the premises safe and sanitary;
-disposing
of all garbage in a safe and sanitary manner;
-keeping
all plumbing fixtures which he uses as clean as possible;
-operating
all electrical and plumbing fixtures properly;
-obeying
all housing laws and regulations which impose requirements on the
tenants;
-keeping
appliances supplied by the landlord in good working condition;
-causing
no disturbances to neighbors;
-allowing the
landlord reasonable access to the premises to inspect, make repairs,
deliver large parcels, or show the property to prospective buyers or
renters;
-Although the
tenant cannot give up or change any of his legal duties, the
landlord may agree to assume any of the duties.
In addition to these specific legal duties the law requires
the tenant to:
-give required
notice to the landlord when he wishes to end his tenancy (see NOTICE
REQUIRED TO END TENANCY).
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LANDLORD
The landlord
must perform these duties whether or not they are written into the
rental agreement.
He cannot
change them or require the tenant to perform them.
He must;
-comply with
all laws and regulations affecting health and safety;
-make all
necessary repairs to keep rental property in livable condition;
-keep all
common areas of the premises in a safe and sanitary condition;
-maintain in
good working condition all electrical, hearing and air conditioning
fixtures and appliances which he has supplied or is required to
supply;
-provide and
maintain trash containers and arrange for trash removal if he is a
landlord for four or more units in the same building;
-supply
running water and reasonable amounts of hot water and heat at all
times, unless the heat or hot water units are separate for each
dwelling and the utility fees for these units are paid by the tenant
to a public utility company, or unless this requirement is otherwise
excused by law;
-give
reasonable notice of his intent to enter the premises and enter only
at reasonable times unless there is an emergency (24 hours is
considered reasonable notice);
-not abuse his
right to enter to inspect the property, make necessary repairs,
deliver large parcels, or exhibit the property to potential buyers
or renters;
In addition to
these specific legal duties, the law requires the landlord to;
-give required
notice to tenant when he wishes to end his tenancy (see NOTICE
REQUIRED TO END TENANCY).
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NOTICE
REQUIRED TO END A TENANCY
When a tenant
or landlord wishes to end a tenancy;
-if the tenant
rents month-to-month, either the tenant or the landlord can end the
tenancy by giving notice 30 days prior to the date rent is due;
-if the tenant
rents week-to-week, either can end tenancy by giving notice 7 days
prior to the date tenancy will end.
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LEASES
Leases are
important. Without one
your tenancy can be terminated or the rent raised by;
-a seven day
notice, if you rent by the week;
-a thirty day
notice, if you rent by the month;
-Your rights
are protected, however, even if you have no formal, written lease.
The Ohio Law is still in effect.
Leases are protection for the Tenant AND the Landlord.
REMEMBER:
*Read your lease **Know what you sign ***If in doubt, call an
attorney.
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DEPOSITS
-If a security
deposit is in excess of one month’s rent and also in access of
$50.00, the landlord must pay 5% interest annually on the excess.
-in most cases
(i.e., rent is more than $50 a month) the tenant can use the
following formula to figure the excess;
-subtract the
rent from the security deposit.
5% of the remainder is the annual interest due;
-a landlord
does not have to pay interest on the security deposit if the tenant
lives in the unit less than six months;
-within 30
days of the end of the rental agreement, a landlord must return the
tenant’s security deposit and an itemized list of deductions for
past due rent or damages which are the result of the tenant’s
failure to comply with his legal or rental obligations.
If it is not returned, the tenant will be awarded by the
court the amount of the security deposit wrongfully withheld plus
attorney’s fees;
-If the
tenant’s total claim is $300.00 or less, the tenant can take his
complaint to small claims court;
-There is a
minimal fee and no attorney is needed.
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REPAIRS
If repairs are
needed on the residence you are renting, notify the landlord or his
agent IMMEDIATELY.
If you get no
response, write the problem down in a letter, then send it to your
landlord by CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
Keep a copy of the letter.
If the
landlord refuses to make the repairs that are needed, the tenant can
take one of the following steps:
1. deposit his rent money within the County Clerk of Courts;
or
2. ask the Court to order the landlord to correct the
condition.
The tenant can
also deposit his rent with the Court.
The Court may
reduce the amount of the rent due, or use the rent deposited to fix
the condition; or
3. cancel the rental agreement.
This written
notice remedy does not apply to a landlord who has three or fewer
rented units. Also, the
tenant must be current in his payments before he can initiate any of
the three actions above.
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EVICTION
The landlord
may evict a tenant if:
1. he is not paying the rent
2. he causes severe damage
3. required repairs are so large that he has to move out
4. if the rental agreement has expired.
The landlord
cannot:
1. evict a tenant without a court hearing
2. retaliate against a tenant for filing a complaint
3. lock a tenant out of the rental unit
4. shut off utilities to the rental unit
5. seize a tenant’s personal possessions.
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