Before answering the question “Do you have hoarding issues?”, we must first understand what hoarding really is. Hoarding is a habit of collecting everything no matter what it is. The items that a person accumulates can range from posters, old broken furniture, and newspapers to empty soda cans, product packaging, and obsolete items. The individual faces difficulty in parting with these belongings, possibly due to emotional issues accumulated over many years, and depending on that there are different types of stages in hoarding. As a result, these items become cluttered inside or outside the home, leading to issues such as mobility challenges, odors, blocked pathways, pest infestations, and other health concerns.

So, if you also collect or accumulate random things simply because you struggle to find the motivation to discard them, resulting in a pile of unnecessary items, then you may also be experiencing hoarding issues.

Tenant Rights, Responsibilities and Fair Housing

Fair housing laws and regulations were enacted to prevent discrimination against tenants based on their religion, race, ethnicity, language, disability, family size, and other protected characteristics. It protects tenants from any wrongful behavior and ensures they have equal opportunities to secure their dream home in a desirable neighborhood.

While tenants have various rights that protect them from discrimination and wrongful behaviors, they also bear responsibilities towards landlords and fellow tenants. If a tenant’s actions have a negative impact on themselves, the landlord, or other tenants, such behavior does not fall under the protection of fair housing regulations.

Hoarding and Fair Housing Compliance

Hoarding, in itself, is not explicitly safeguarded by fair housing laws, as it does not fall within the realm of protected characteristics under fair housing regulations. However, certain aspects related to hoarding may intersect with fair housing compliance, especially in specific situations.

1. Reasonable Accommodation: Hoarding is a type of disorder and may be considered a disability under the Fair Housing Act (FHA) if it affects the individual’s daily life and stops them from doing important things. In such cases, individuals with hoarding disorder are qualified for reasonable accommodations. Landlords and property managers must engage with tenants with hoarding disorder and determine if the hoarding-related accommodations tenants are requesting are reasonable and necessary. And only allow accommodations that are necessary so that they can make a safe and healthy environment for other tenets.
   
   
2. Safety and health-related concerns: The hoarding behavior exhibited by a tenant can give rise to various issues, including pest infestation, heightened risk of fire hazards, and potential structural damage to the property. When such hoarding behavior jeopardizes the safety of other residents, it becomes the responsibility of the property owner to take appropriate action and ensure the maintenance of a safe and habitable environment for everyone. In doing so, property owners should implement measures that conform to fair housing guidelines to prevent any potential discrimination claims from the tenant who has a hoarding disorder.
   
   
3. Rules and regulations related to property: Property owners have the authority to establish rules and regulations to uphold the cleanliness, safety, and overall aesthetic appeal of their properties. If a property lacks cleanliness, safety, and visual appeal, potential tenants may be discouraged from choosing it as their residence, while current tenants may endure difficulties due to the property’s inadequacies. However, when creating these rules, it is essential for property owners to ensure fairness and equality among all tenants. The rules should be based on objective standards and applied uniformly to every resident, without singling out individuals with hoarding habits.
   
   

If a tenant is grappling with hoarding disorder, it is important for the landlord to initiate a conversation and provide guidance on the appropriate steps to address hoarding. It is also crucial to educate all tenants, including those with hoarding issues, about the detrimental consequences of hoarding and the reasons why it should be avoided. In cases where an individual with hoarding disorder is facing severe difficulties, it is incumbent upon the landlord or other residents to extend their assistance and support in helping them overcome their challenges.

Treating or displaying discrimination against a tenant with a hoarding issue is considered discriminatory and goes against the principles outlined in fair housing guidelines. However, if the hoarding disorder of a specific tenant poses a threat to the safety and well-being of other residents, landlords have the right to take stringent measures, including addressing and resolving the hoarding situation.

Conclusion

Hoarding issues can have implications for fair housing compliance, although hoarding itself is not explicitly protected under fair housing laws. However, certain aspects related to hoardings, such as reasonable accommodations and safety concerns, intersect with fair housing guidelines. Property owners have the responsibility to maintain a safe and habitable environment for all tenants, while tenants should be aware of their rights and responsibilities. It is crucial to address hoarding concerns through open communication, education, and appropriate action while ensuring fairness and equality for all residents. Discrimination against tenants with hoarding issues is not acceptable, but when hoarding behavior poses a threat to others, property owners can take necessary measures to mitigate risks. By understanding and addressing hoarding issues within the framework of fair housing guidelines, we can promote harmonious and inclusive living environments for everyone.