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34 U.S.C. § 12495Right to report crime and emergencies from one’s home

submitted 4 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 404 words · no verdicts yet

in plain englishAI-generated · not legal advice

Renters and homeowners have the right to call police or emergency help. Local governments getting certain federal funds cannot penalize people for calling or being crime victims. These governments must report and fix any of their laws that impose such penalties.

(a) Definition: A "covered governmental entity" is any city, county, or state government that gets funding under section 5306 of title 42. (b) Right to report: (1) Landlords, homeowners, tenants, residents, occupants, guests, and housing applicants have the right to seek police or emergency help for themselves or someone else, and cannot be penalized for asking for that help or for being the victim of, or otherwise not at fault for, criminal activity. This applies to any statute, ordinance, regulation, or policy of a covered governmental entity. (2) Prohibited penalties include: (A) actual or threatened fines or fees; (B) actual or threatened eviction; (C) actual or threatened refusal to rent or renew a lease; (D) actual or threatened refusal to issue an occupancy or landlord permit; and (E) actual or threatened closing a property or calling it a nuisance. (c) Reporting: Covered governmental entities must: (1) report any of their own laws, or laws adopted by their subgrantees, that penalize people for seeking emergency help or for being crime victims at a property; and (2) certify they comply with this part, or explain the steps they'll take within 180 days to comply, or to make their subgrantees comply. (d) Implementation: HUD and the Attorney General must enforce this subpart using the same rights and remedies as the Fair Housing Act (title VIII of the Civil Rights Act of 1968). (e) Subgrantees: For governments that pass funds to subgrantees, complying with (c)(1) includes asking whether those subgrantees have laws or policies that impose these penalties.
the actual law source: uscode.house.gov ↗public domain
(a) Definition

In this section, the term “covered governmental entity” means any municipal, county, or State government that receives funding under section 5306 of title 42.

(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

The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this subpart consistent with, and in a manner that provides, the same rights and remedies as those provided for in title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.).

(e) Subgrantees

For those covered governmental entities that distribute funds to subgrantees, compliance with subsection (c)(1) includes inquiring about the existence of laws and 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.

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

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 103-322 · 136 Stat. 885

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 2022-03-15.

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