34 USC 12495 - Right to report crime and emergencies from one’s home

U.S Code last checked for updates: Nov 23, 2024

§ 12495.

Right to report crime and emergencies from one’s home

(a)

Definition

(b)

Right to report

(1)

In general

Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing—

(A)

shall have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance; and

(B)

shall not be penalized based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under statutes, ordinances, regulations, or policies adopted or enforced by covered governmental entities.

(2)

Prohibited penalties

Penalties that are prohibited under paragraph (1) include—

(A)

actual or threatened assessment of monetary or criminal penalties, fines, or fees;

(B)

actual or threatened eviction;

(C)

actual or threatened refusal to rent or renew tenancy;

(D)

actual or threatened refusal to issue an occupancy permit or landlord permit; and

(E)

actual or threatened closure of the property, or designation of the property as a nuisance or a similarly negative designation.

(c)

Reporting

Consistent with the process described in section 5304(b) of title 42, covered governmental entities shall—

(1)

report any of their laws or policies, or, as applicable, the laws or policies adopted by subgrantees, that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property; and

(2)

certify that they are in compliance with the protections under this part or describe the steps the covered governmental entities will take within 180 days to come into compliance, or to ensure compliance among subgrantees.

(d)

Implementation

(e)

Subgrantees

(Pub. L. 103–322, title IV, § 41415, as added Pub. L. 117–103, div. W, title VI, § 603, Mar. 15, 2022, 136 Stat. 885.)

cite as: 34 USC 12495