By Nancy Abrams
The Americans with Disabilities Act (ADA) and the Fair Housing Act are laws
intended to end discrimination against tenants in their homes and allow them
to have service animals. According to the ADA, service and emotional support
animals are not considered pets and therefore are not subject to a pet policy.
“Even if a lease says ‘no pets’ or restricts pets, landlords are required to make what is called a ‘reasonable accommodation’ to allow pets who serve as assistance animals, which includes emotional support animals,” according to the Humane Society. Those laws allow the landlord to use their discretion in determining whether or not tenants can own a pet as well as what breeds and sizes of animals are permitted. The law also grants landlords the right to impose fees related to pets. But laws about pets may soon change—in favor of the dogs. California legislators are considering a bill that would require landlords to accept all pets, regardless of whether they are service or emotional support animals or not. At the same time, Arizona is considering a law that applies to the acceptance of “restricted” breeds of dogs.
CALIFORNIA STATESMEN CONSIDER NEW DOG LAW
On February 20, 2024, legislation was introduced in the California State Assembly which, if passed, would require property owners in the state to accept renters’ common household pets. Landlords would be prohibited from asking about pets on applications and would also be limited in their ability to charge pet fees or deposits. Specifically, the proposed legislation restricts a landlord from barring a tenant from owning or keeping a standard household pet without valid justification. The bill also prevents landlords from charging tenants extra rent or security deposits for owning or keeping a traditional household pet. Landlords would only be allowed to ask about pet ownership after a tenant’s application has been approved. These restrictions do not apply to rental agreements signed before January 1, 2025. The bill’s author, San Francisco Assemblyman Matt Haney, points out that “landlords, including brand new buildings, can just say no dogs, no cats, period. And that is making our housing crisis a lot worse.”
“Seventy percent of California renters have pets but only 30% of available rentals accept them,” Haney said. “We want a renter to be considered first, and a decision made about whether they meet the requirements for an apartment and then, after that fact, they disclose that they have a pet. And only if there’s a reasonable rationale to deny them, that would be allowed.”
Debra Carlton, the California Apartment Association’s executive vice president of state government affairs said, “The bill does not allow for an increase in security deposits, potentially limiting landlords’ ability to cover pet-related damages.” In response, Haney stated that landlords would have the right to require tenants to purchase pet liability insurance to protect their properties. If enacted, AB 2216 would have a widespread impact on landlords, affecting their legal, financial, and operational makeup. JD Supra advises, “Advocates on both sides must find a balance between the needs and welfare of tenants with the rights and responsibilities of landlords.”
ARIZONA SENATORS MULL NEW DOG LAWS
At the same time, the Arizona Senate is considering their own pet bill that “would prohibit landlords and rental housing providers from setting dog breed restrictions at the properties,” according to Multifamily Dive. “Restrictions often apply to breeds considered dangerous or aggressive, but also frequently cover dogs in the working and sporting breed groups, who are larger and have high energy levels,” according to a recent MarketWatch report. “The dog breeds most commonly restricted, whether imposed by law or by individual landlords, include pit bulls, bulldogs, Rottweilers and German shepherds. “Around 43% of surveyed owners of “restricted” dog breeds have found it difficult to find affordable housing due to their dog and the restrictions compared to 31% of owners of non-restricted breeds,” continued MarketWatch. One in three pet owners of these restricted breeds were charged fees for their pets or were rejected by the landlord due to their pet.
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GOVERNMENT RESTRICTIONS ON PETS
Aside from the ADA and the Fair Housing Act, there basically are no federal laws pertaining to pets. The majority of the states are enforcing breed-restrictive legislation and there are no state-level laws that prohibit the practice. Nevada, Oklahoma, New Hampshire and Alaska have no breed restrictive legislation at all. There are only 10 states that ban breed restrictive legislation outright and limit local governments’ ability to enforce restrictions. Most of these states have some form of breed restriction, such as a required permit for pit bulls. In the great majority of states, there is breed-restrictive legislation currently being enforced and no state-level legislation prohibiting it.
CONSEQUENCES OF PROPOSED PET LAWS
According to JD Supra, “The prospect of AB 2216 requires landlords to potentially overhaul existing lease agreements and adapt day-to-day operational strategies to accommodate pets. Moreover, landlords will have to re-evaluate maintenance procedures to address increased wear and tear, adding to their operational burdens.” Landlords will also need to review their insurance coverage to determine whether they need to increase their liability coverage, which in turn could cause an increase in their premiums.
Additional financial implications should the new bill become law include the cost of any necessary property modifications, higher maintenance expenses and possible legal costs to ensure compliance and to contest any new pet-related lawsuits. Should the Arizona bill pass, landlords would still be permitted to restrict tenants from owning dogs. Arizona Sen. J.D. Mesnard, in a statement to AZ Family, expressed concern that the bill could lead to more landlords banning dogs altogether in order to keep banning specific breeds. The Arizona Multihousing Association is opposed to the bill as written.
Courtney Gilstrap LeVinus, CEO of the AMA, told Multifamily Dive that property owners often must restrict certain breeds because of limits in the building’s insurance coverage. “This may leave a community uninsured or with insurance coverage that is extremely expensive,” Gilstrap LeVinus said.
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Provided by Bigger Pockets
Home insurance prices continue to rise and could increase by another 6% this year after already rising nearly 20% in the last two years, according to one estimate. A combination of inflation and extreme weather events in some states has fueled the jump in prices, with the average annual rate increasing 19.8% between 2021 and 2023, a report from Insurify found.
The insurance comparison site estimates that prices will rise 6% to an average of $2,522 by the end of 2024 and could increase further in 2025 if the hurricane season is as bad as NOAA projections say it will be.
Where Insurance Costs Are Increasing the Most
Insurance rates aren’t the same across the board. Some factors are individual, like the size and age of the home, as well as claims history. Other impacts include where your home is located and how likely it is to be damaged.
Due to these various factors, not everyone will see their premiums increase this year. States more prone to climate catastrophes, such as flooding and wildfires, are more likely to see an increase in rates. Other states, like California, will only see a slight increase due to state regulations limiting how much rates can rise in a given year.
Louisiana, for example, is expected to have the biggest increase in rates due to hurricane damage. Meanwhile, rates are catching up in Maine, which has seen an increase in the sea level and subsequent flooding and coastal damage. Florida is also likely to see an increase in prices, although it already has some of the most expensive insurance in the country, with homeowners paying an average of $10,996 a year for coverage.
Here’s a look at the top 10 states where homeowners are bearing the brunt of increased insurance costs.
Why Insurance Costs Are Rising So Much
States with high insurance costs tend to be prone to extreme weather events. And with climate change increasing, some project that those weather events will get even more extreme in the future—which means homeowners in these prone areas are likely to be hit with large premiums.
According to a study from Realtor.com, nearly half of all homes in the U.S. are at risk from climate change. Many coastal states are in areas of relatively high risk of natural disasters, according to FEMA’s National Risk Index. Meanwhile, wildfires have become a growing risk in various areas across the country, with the damage they cause costing an estimated $394 billion to $893 billion annually.
Building repair costs have also increased since inflation has caused construction material costs to skyrocket in recent years. That means insurers have to pay more when a homeowner makes a claim—a cost that’s passed on when they increase premium rates.
Even reinsurance (basically insurance for insurers) has risen, further increasing prices, especially in areas prone to disasters like Florida. Some insurers (and reinsurers) have left areas they have deemed too high risk. According to Insurify, the number of available home insurance policies decreased by 35% in 2023.
As climate change increases, homes not in catastrophic weather areas could still see a lot of damage from events like large hailstorms and severe thunderstorms. But 60% of homeowners forgo flood insurance, according to a February 2024 Insurify study, and standard insurance doesn’t pay for flooding.
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What Increased Insurance Costs Mean for Investors
As climate change becomes more of a factor, it will not only cause an increase in insurance premiums, but it could affect the value of homes. According to Insurify, around 25% of homeowners feel like climate change has affected the value of their homes. Meanwhile, a Congressional report found that climate-exacerbated wildfires could diminish total real estate values by as much as $337.5 billion annually.
“Climate risk is a big deal,” Realtor.com economist Jiayi Xu said in a statement. “It can impact home values, insurance costs, and the overall stability of a housing market.”
Even homes that aren’t hit directly by extreme weather events are being impacted by rising insurance premiums, which only increases the cost of homeownership.
And it’s not just single-family homes being hit. Insurance for commercial real estate has also skyrocketed, which may be contributing to a slowdown in deals, as unpredictable insurance costs can impact an owner’s ability to underwrite a deal, Danielle Lombardo, managing director of insurance service provider WTW, told Pere News.
In other words, with an increase in natural disasters, real estate investors with properties across the board will need to pay closer attention to the climate and its potential impact on not just insurance prices but the overall prices of doing business.
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Provided by Rental Awareness
Yes, a landlord can raise the rent if a girlfriend moves in. However, it is important to review the terms of the rental agreement to see if there are any restrictions or provisions regarding additional occupants and rent increases.
Some rental agreements may have limitations on the number of occupants or specific rules about rent adjustments.
It is recommended to communicate with the landlord and review the agreement to understand the specific terms and conditions.
The Landlord-Tenant Relationship
Understanding the Landlord-Tenant relationship can be complex, especially if a girlfriend moves in and the landlord wants to raise the rent.
It is important to know the terms of the lease agreement and consult local laws to determine what actions can be taken in this situation.
One of the key aspects of renting a property is understanding the landlord-tenant relationship.
Landlord’s Rights And Responsibilities
As a landlord, it is essential to be aware of your rights and responsibilities to maintain a fair and respectful relationship with your tenants.
By understanding your rights, you can ensure that your property is cared for properly and that your tenants are abiding by the agreed-upon terms. Here are some key points to consider:
- Right to collect rent in a timely manner
- Right to enter the property for necessary inspections or repairs, with proper notice
- Responsibility for maintaining the property and making necessary repairs to ensure habitability
- Responsibility to respect the tenant’s privacy and only enter the property as outlined in the lease agreement or with proper notice
Tenant’s Rights And Responsibilities
As a tenant, understanding your rights and responsibilities will empower you to protect your interests and ensure a comfortable living situation.
By familiarizing yourself with these key points, you can advocate for yourself and maintain a healthy landlord-tenant relationship:
- Right to live in a habitable property
- Right to privacy and quiet enjoyment of the rental unit
- Responsibility for paying rent on time and in full
- Responsibility for maintaining the property in a reasonably clean and safe manner
Knowing The Laws And Regulations
Understanding the laws and regulations that govern the landlord-tenant relationship is crucial for both parties.
This knowledge provides a solid foundation for resolving any disputes or issues that may arise during the tenancy.
By being aware of the legal framework, you can protect your rights and uphold your responsibilities. Here are a few reasons why knowing these laws is important:
- It prevents misunderstandings and ensures compliance with local regulations.
- It helps in resolving conflicts or disputes based on factual information.
- It allows for informed decision-making when entering into a rental agreement.
- It establishes a sense of accountability and fairness in the landlord-tenant relationship.
By comprehending the rights and responsibilities of both landlords and tenants and staying informed about the laws and regulations, you can foster a mutually beneficial and harmonious living arrangement.
This solid foundation will contribute to a healthy landlord-tenant relationship, providing peace of mind for both parties involved.
Remember, knowledge is power, and by understanding the dynamics of this relationship, you can navigate any challenges or situations that arise with confidence.
Defining A “Guest” And “Tenant”
Wondering if your landlord can raise the rent if your girlfriend moves in? Understanding the difference between a “guest” and a “tenant” is crucial.
While a guest is usually temporary and doesn’t have tenant rights, if your girlfriend becomes a tenant, the landlord may have the right to raise the rent.
Always consult with your local rental laws for specific guidelines.
Differentiating Between A Guest And A Tenant
When it comes to determining whether someone is a guest or a tenant, it’s essential to understand the distinctions between these two categories.
While a guest is someone who stays temporarily with the landlord’s permission, a tenant is someone who has entered into a rental agreement with the landlord and has the right to occupy the property.
Furthermore, a guest typically does not pay rent, whereas a tenant is obligated to pay rent for their use of the rented space.
Criteria For Determining Tenant Status
The status of someone living in a rental property as either a guest or a tenant is typically determined by specific criteria set forth by the landlord or governed by local laws.
Although these criteria can vary, some common factors that landlords consider may include:
- The length of time the person has been residing in the property
- Whether the individual contributes to household expenses
- Whether the person has received mail or packages at the property
- Whether the landlord has given permission for the person to live in the property
It is crucial to consult the rental agreement or local laws to understand the specific criteria used to determine tenant status and the rights and responsibilities that come with it.
Impact On Rent If Girlfriend Is Classified As A Tenant
If your girlfriend is classified as a tenant, it could have implications for the rent.
Landlords have the right to revise rent prices, but usually, they can only do so when the lease term is up for renewal.
However, if the girlfriend is considered a tenant, their presence in the rental unit may be subject to additional rent charges as per the agreement.
This increase in rent could be based on factors such as the number of occupants, utilities usage, or other related expenses.
It is important to review the rental agreement or consult with the landlord to understand the exact impact on rent if your girlfriend is classified as a tenant.
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Reviewing The Lease Agreement
When it comes to rental agreements, it is essential for both landlords and tenants to thoroughly review the lease before making any significant decisions.
One common concern that arises is whether a landlord can raise the rent if a girlfriend or additional person moves in.
To address this question, it is vital to understand the provisions outlined in the lease agreement.
Importance Of Reviewing The Lease Agreement
The lease agreement serves as a legal contract between the landlord and the tenant, detailing the rights and responsibilities of each party.
By carefully reviewing the lease agreement, tenants can gain a clear understanding of the terms and conditions governing their tenancy.
Additionally, landlords can ensure that the lease agreements they create adequately protect their interests.
Provisions Regarding Additional Occupants
Lease agreements typically include provisions outlining the maximum number of occupants permitted in a rental unit.
Landlords often impose these limits to maintain a comfortable living environment, ensure compliance with safety regulations, and avoid overloading the property’s utilities.
The lease agreement might state that only the named tenant or tenants specified in the original agreement are allowed to reside in the rental unit.
In this case, if a girlfriend or significant other moves in without the landlord’s knowledge or permission, it could be considered a breach of the lease agreement.
On the other hand, some leases may explicitly allow additional occupants but require them to be added to the lease agreement through a formal process.
This process typically involves obtaining written consent from the landlord and potentially adjusting the terms of the lease, such as the rent amount.
Understanding the provisions regarding additional occupants in the lease agreement is crucial to determine whether the landlord can raise the rent when a girlfriend or additional person moves in.
How Lease Terms Affect Rent Increases
The terms and conditions outlined in the lease agreement have a significant impact on the landlord’s ability to raise the rent due to the addition of an occupant.
In some cases, the lease may explicitly state that the rent amount will not increase if an additional person moves in, as long as the total number of occupants remains within the limits specified.
In conclusion, reviewing the lease agreement is of utmost importance when considering any changes in occupancy or potential rent increases.
By understanding the provisions regarding additional occupants and the impact of lease terms on rent amounts, both tenants and landlords can ensure a fair and transparent rental experience.
Considering Fair Housing Laws
When considering the question of whether a landlord can raise rent if a girlfriend moves in, it is important to take into account the fair housing laws that exist to protect tenants from discrimination.
Fair housing laws, also known as anti-discrimination laws, establish guidelines and regulations to ensure that all individuals have equal access to housing opportunities.
Fair Housing Laws
Fair housing laws are regulations that prohibit discrimination in housing on the basis of certain protected characteristics.
These laws aim to foster a fair and inclusive housing market, while also safeguarding against practices that could lead to discrimination or unfair treatment.
Prohibited Grounds For Discrimination
Under fair housing laws, landlords are prohibited from discriminating against tenants on the basis of protected characteristics. Some of the common protected characteristics include:
- Race
- Color
- National origin
- Religion
- Sex
- Disability
- Familial status
It’s important to note that fair housing laws vary from country to country and sometimes even at the state or local level.
Landlords must familiarize themselves with the specific laws that apply to their jurisdiction.
Implications For Rent Increases Based On Girlfriend Moving In
When it comes to the situation of a girlfriend moving in, the fair housing laws primarily focus on discrimination but may not directly regulate rent increases.
However, landlords must be cautious and ensure that any changes in rent or rental agreements are not based on discriminatory practices or targeting specific tenants.
It’s important for landlords to treat all tenants equally and not single out tenants based on their relationships or familial status.
Charging higher rent or increasing rent solely because a girlfriend moves in can potentially be considered discriminatory and may be in violation of fair housing laws.
While there may not be specific laws directly addressing rent increases due to a girlfriend moving in, landlords should always approach such situations carefully and fairly.
Communication with the tenant, evaluating market rents, and following established rental policies can help ensure that any rent adjustments are justifiable and non-discriminatory.
Conclusion
It is important for tenants to be aware of their lease agreements and understand the rules surrounding additional occupants.
Landlords generally have the right to raise rent if an unauthorized person, such as a girlfriend, moves in.
However, it is always best for tenants to communicate openly with their landlords to avoid any misunderstandings or legal issues.
Keeping lines of communication open can help maintain a positive tenant-landlord relationship and ensure a smooth living situation for all parties involved.
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