Written by Evan MacDonald in Cleveland.com on 7/22/2019

BEDFORD, Ohio — The city of Bedford agreed to stop enforcing a nuisance ordinance that is the subject of an federal lawsuit claiming it is used to discriminate against and make housing unavailable to minorities, women and people with disabilities, court records say.

The suit, filed Feb. 20 by the American Civil Liberties Union of Ohio and the Legal Aid Society of Cleveland, says Bedford’s Criminal Activity Nuisance Ordinance violates the First Amendment by penalizing people for calling the police for help. It also says Bedford’s ordinance is one of the harshest in the country and targets black residents, the majority of whom are renters.

A federal judge approved the stipulation Monday afternoon, and granted a preliminary injunction to keep Bedford from enforcing the ordinance while the lawsuit is pending.

An ACLU of Ohio staff attorney said Monday the organization is pleased Bedford is suspending its enforcement of the nuisance ordinance, but is still fighting for its repeal.

“A call for help should never result in eviction. No one’s housing should be at risk simply because they called 911,” ACLU staff attorney Elizabeth Bonham said in a news release. “Bedford’s law and other nuisance laws like it don’t benefit anyone—they are used to exclude and mistreat people.”

Under Bedford’s ordinance, someone can be designated a nuisance after the ordinance is broken twice on a property or in the city. But it does not distinguish between an offender and a complainant, meaning that someone can be penalized for calling the police, the suit says.

The ordinance allows tenants can be penalized even if they are not at fault, the suit says. It also allows the city to threaten landlords with fines and criminal prosecution if they rent to “nuisance” tenants, the suit says.

Bedford officials passed the ordinance in 2005 and updated it several times over the years, most recently in 2017. The suit says the city passed the ordinance as its demographics were shifting, with more black residents moving into Bedford.

Click here to read the full article in Cleveland.com

In Ohio, if a landlord refuses to make necessary repairs within a reasonable amount of time, a tenant can “rent deposit.”

“Rent deposit” or “rent escrow” means a tenant can pay rent to a court, instead of the landlord.

The tenant must be very careful to follow certain rules when paying rent to a court. If a tenant stops paying rent because the property needs repairs, the tenant risks an eviction for non-payment of rent. Instead of refusing to pay the rent, a tenant should follow the rent deposit procedure.

Click here for a brochure on “How to Rent Deposit” published by Legal Aid.

Learn about Ohio Landlord-Tenant Law through this new brochure published by Legal Aid.  Click here to see a PDF of the brochure.

In Ohio a Landlord has a duty to:

1. Keep the property in livable condition.
2. Keep the common areas clean and safe.
3. Comply with building, housing, health, and safety codes.
4. Keep in good working order all electrical, plumbing, heating, and ventilation equipment.
5. Maintain all appliances and equipment supplied by the landlord.
6. Provide running water, hot water and heat (unless the hot water and heat are controlled entirely by the tenant and supplied by a direct public utility hook-up).
7. Provide garbage cans and trash removal (if the landlord owns four or more residential units in the same building).
8. Give at least 24 hours notice, unless it is an emergency, before entering a tenant’s unit, and enter only at reasonable times and in a reasonable manner.
9. Evict the tenant when informed by a law enforcement officer of drug activity by the tenant, a member of the tenant’s household, or a guest of the tenant occurring in or otherwise connected with the tenant’s premises.

In Ohio a Tenant has a duty to:

1. Keep the property clean and safe.
2. Dispose of rubbish in the proper manner.
3. Keep the plumbing fixtures as clean as their condition permits.
4. Use electrical and plumbing fixtures properly.
5. Comply with housing, health, and safety codes that apply to tenants.
6. Refrain from damaging the property and keep guests from causing damage.
7. Maintain appliances supplied by the landlord in good working order.
8. Conduct yourself in a manner that does not disturb any neighbors and require guests to do the same.
9. Permit landlord to enter the dwelling unit if the request is reasonable and proper notice is given.
10. Comply with state or municipal drug laws in connection with the property and require household members and guests to do the same.

Lead poisoning occurs when lead builds up in the body, often over months or years. Even small amounts of lead can cause serious health problems. Children younger than 6 years are especially vulnerable to lead poisoning, which can severely affect mental and physical development. At very high levels, lead poisoning can be fatal.

Lead-based paint and lead-contaminated dust in older buildings are the most common sources of lead poisoning in children.  There is treatment for lead poisoning, but taking some simple precautions can help protect you and your family from lead exposure before harm is done.

Legal Aid can help!  Click here for an informative brochure about Lead Poisoning: Know Your Rights, Remedies & Resources.  You can also browse other Legal Aid articles related to lead poisoning and related FAQ’s and brochures by clicking here.

Get Tested for Lead

Young Children at Risk
Children 6 years old and under are at most risk for damage from lead poisoning. Children may be at risk of lead poisoning if:

• They live in or visit a home built before 1978.
• Paint is peeling on windows or doors.
• Large patches of bare dirt are exposed around their home.

Child Testing
Have your child’s doctor test your child’s blood lead levels. If you are covered by Medicaid, the lead screening will be covered. If the blood lead level is above 5 μg/dl there is cause for concern.

If the blood lead level is above 10 μg/dl, Ohio law requires the Ohio Department of Health or a local health department to inspect the child’s home for lead hazards. Update your contact information with the child’s doctor to ensure the Department of Health can inspect.

Home Testing
Call the Ohio Department of Health at 877-532-3723 to get more information on having the place a child lives or visits tested for lead. Cleveland residents should call 216-664-2175. Other Cuyahoga County residents should call 216-201-2000.

Get the Lead Out

Tenants
If you live in a rental unit built before 1978, notify your landlord in writing if there is any peeling paint, large patches of bare dirt on the premises, or if your child has lead poisoning and request that your landlord make repairs. Date the letter and keep a copy for your records. If your landlord fails to make repairs within 30 days, under Ohio law you may:

• Deposit your rent in escrow at the court.  You must be current in rent payments to use this process. See step by step directions for rent depositing at: https://tinyurl.com/LegalAidRentDeposit.
• Apply to the court to order the landlord to make repairs to lead hazards.
• Terminate your lease and move.
• Depositing rent may waive your rights to sue your landlord for any injury resulting from the lead poisoning. To consider any claims against your landlord, consult with an attorney before depositing rent.

Call Legal Aid if your landlord files an eviction or raises your rent after you have provided notice of a lead condition or because you have contacted the Health Department because of lead conditions.

Homeowners
Contact your local public health authorities for information on assistance programs to make your home lead-safe. Federal law requires disclosure of any known lead hazard at the time of sale.

Get Help

Help Your Child
Lead poisoning may have long term effects including attention difficulties, behavior problems, or learning challenges. A nutritional diet early on may help. For more information see: www.epa.gov/lead.

Early Intervention
A child under the age of 3 years old that has been lead poisoned may qualify for early intervention Help Me Grow services, even if they are not showing signs of delay. Call Help Me Grow at 800-755-4769.

Special Education
If a child has learning or behavior problems in school, ask the school to evaluate the child for special education services. Let the school know the child was lead poisoned, and it is impacting the child’s education.

• Put the request in writing.
• Date the request and keep a copy.
• If you are not given a written response within 30 days, contact Legal Aid.

Personal Injury Suit
You may have claims if your child has been lead poisoned. Lawsuits based on lead poisoning may be difficult to prove. Call your local bar association to consult with an attorney who handles personal injury claims.

Contact Legal Aid
Call Legal Aid’s intake line or visit your local Legal Aid office.  Click here for details: www.lasclev.org/contact/

Legal Aid’s Brief Advice Clinics
Want to talk in-person with an attorney? In addition to in-person and phone intake, Legal Aid offers Brief Advice Clinics in neighborhoods throughout Northeast Ohio. At the Clinics you can talk in-person with an attorney and ask questions about your legal problem.

Text 216-242-1544 with the message LAS CLINIC for date and location of next clinic or visit www.lasclev.org for a complete schedule.

Contact the Bar Association
Contact your local bar association for a referral to a private attorney.

• Cleveland Metropolitan Bar Association: 216-696-3532
• Lorain County Bar Association: 440-323-8416
• Lake County, Ohio Bar Association: 440-350-5800
• Geauga County Bar Association: 440-286-7160
• Ashtabula County Bar Association: 440-415-4503

Click here for a helpful info card which briefly highlights your rights related to Lead Poisoning.

First steps to prevention

• The most common sources of lead are peeling paint and bare soil.
• Contact your landlord in writing to request a repair of these conditions.

Test your Children

• Ask your pediatrician to test your child for lead poisoning.
• If your child’s blood lead level is above 5 μg/dl there is cause for concern.
• If it is above 10 μg/dl the Department of Health should inspect your home.

Get Help

• If your child is falling behind in school, ask the school in writing to evaluate them for special education and mention their lead
  poisoning. Contact Legal Aid if you do not receive a response within 30 days.
• If your landlord refuses to repair lead hazards, contact Legal Aid.

Text FAQ LEAD to 216.242.1544 for a link to more information, including resources for homeowners.

What is fair housing?

Fair housing is the right to live in your home free from discrimination. Fair housing is protected by national, state and local laws. Yet, housing discrimination is still common.

Examples of unlawful housing discrimination could be:

• A landlord telling parents “We don’t take kids here.”
• A landlord denying housing to anyone with a felony.
• A landlord telling a person of color that the apartments have all been rented.
• A landlord telling a person with a disability that they cannot have their service dog live with them.

How can you make sure your housing is fair?

Start by knowing your rights. Fair housing laws say landlords cannot deny housing or treat tenants differently based on certain “protected” characteristics.  “Protected classes” are based on things like race, religion, sex, or disability.

Ohio law also protects people based on ancestry or military status. Cuyahoga County law protects LGBTQ+ persons. Fair housing laws in different cities and suburbs could also include protections for other groups based on age, marital status or having a housing voucher, to name a few.

What can you do about unfair treatment related to housing?

Call The Fair Housing Center at 216.361.9240 and ask for help.

The Fair Housing Center helps people every day to fight for their right to choose where they want to live.

This article was written by Carrie Pleasants from the Fair Housing Center for Rights and Research, and appeared in The Alert: Volume 35, Issue 1. 

Under Ohio Law, a tenant has the right to request the return of their security deposit after they have moved out of the rental property.

When should a tenant ask for the return of their security deposit?

1. After the tenant has cleaned the unit and moved out; and
2. After the tenant has returned the keys to the landlord.

How should a tenant request the return of their security deposit?

1. Write a letter to the landlord which includes the tenant’s name, the tenant’s new mailing address, the address of the rental property, and if known, the amount paid for the security deposit. Online tools can help tenants prepare a letter requesting return of their security deposit. Go to http://ohiolegalhelp.org/self-help-forms/ and look for “Return of Security Deposit.”
2. The tenant should keep a copy of the letter for their record.
3. Send the letter to the landlord by certified mail or by other delivery method that allows for proving the letter was delivered.

What must a landlord do in response to a tenant’s request for return of their security deposit?

The landlord has 30 days to respond to the tenant’s request for the return of the security deposit. The landlord may respond to the request for the return of the security deposit in three (3) ways:

1. Mail the tenant the full amount of the security deposit;
2. Mail the tenant a partial amount of the security deposit with an itemized list of deductions for damages or unpaid rent, fees, or utilities; or
3. Withhold the security deposit and mail an itemized list of deductions that equals or exceeds the security deposit.

What happens if the landlord does not respond within 30 days?

If the landlord does not respond to the request for the return of the security deposit within 30 days, the tenant may sue to recover twice the amount of the security deposit’s value in the Small Claims Court in the city where the rental property is located.

Online tools can help tenants prepare court documents to sue a former landlord for return of the tenant’s security deposit. Go to http://ohiolegalhelp.org/self-help-forms/ and look for “Return of Security Deposit.”

After a tenant files a complaint in court against the former landlord, the court will schedule a hearing to decide if the landlord improperly withheld the security deposit and how much money, if any, the landlord owes the tenant.

This article was written by Dinola Phillips and appeared in The Alert: Volume 35, Issue 1. 

A new Rule at the Cleveland Housing Court may give tenants with past evictions a new start.

When an eviction is filed against a tenant in court, the case becomes part of the court’s public record. No matter what happens at the end of the case, even if the court rules in favor of the tenant and against the landlord, the case typically remains visible to the public. Because most landlords screen renters by searching their eviction case history, an old eviction case, no matter the outcome, can make it very difficult for a tenant to find housing.

Under a new Rule (Local Rule 6.13), which became effective on December 31, 2018, a tenant in Cleveland can now ask the court to seal some eviction records so they no longer appear on the tenant’s public case history.

Not all eviction records can be sealed under the new rule. If the court dismisses the eviction or rules in favor of the tenant, the case should qualify for sealing immediately. However, if a landlord wins an eviction judgment against a tenant, the tenant must wait at least five years from the date of the judgment (or any later eviction judgment) to seal the record. Also, the tenant must show that “extenuating” (or unusual) circumstances lead to the eviction. The new rule only applies to evictions in the Cleveland Housing Court on the 13^th floor of the Justice Center.

A tenant who wants to seal an eviction case must file a “Motion to Seal Eviction Record” with the court. The tenant may have to pay a $25 filing fee. Tenants can download a fill-in-the-blank motion and filing instructions from the “Forms” section of the court’s website (http://clevelandhousingcourt.org). Most tenants should be able to complete and file the motion without help from a lawyer. The Cleveland Housing Court Specialists can answer questions about how to fill in the form and file it.

After a tenant files a motion to seal an eviction record, the court will decide whether to grant or deny the request. The court will consider a variety of factors in each case, including whether the landlord opposes the motion, or whether the tenant still owes the landlord money.

Even if a record is sealed, it does not go away completely. The Court Clerk will still have access to the record, which can be retrieved and unsealed if ordered by a judge.

The new Rule 6.13 is a powerful tool that should help many Clevelanders struggling to find housing. For more information about the eviction sealing process, contact a Housing Court Specialist at the Cleveland Housing Court on the 13^th Floor of the Justice Center, 1200 Ontario Street, Cleveland, OH 44113, or call 216.664.4295. Specialists are available for drop-in visits Monday through Friday, 8:30 a.m. to 3:30 p.m.

This article was written by Mike Russell and appeared in The Alert: Volume 35, Issue 1. 

By July 30, 2018, public housing providers will all be required to implement smoke-free policies in residential buildings. The smoke-free policies prohibit residents from smoking in their units or outside of designated smoking areas. The U.S. Department of Housing and Urban Development (“HUD”) supports these bans in the interest of residents’ health and minimizing repair costs.[1]

Public housing authorities (PHAs) in Cuyahoga, Ashtabula, Geauga, Lake and Lorain counties have begun to implement smoking bans based on HUD’s proposed “Smoke-Free Public Housing” rule from November 2015.[2] Some PHAs may implement their smoke-free policies sooner than the July 30, 2018 requirement.

The smoking bans include all lit tobacco products, including cigarettes, cigars, and pipes. Smoking will be prohibited in all public housing residential units, common areas, offices and the first 25 feet from the outside of the building.[3] Some housing providers may provide a Designated Smoking Area (DSA).[4] However, this is not required and the housing providers may choose to make the entire property smoke-free. All leases must include the smoking policy by July 30, 2018.

If a resident has a disability, a reasonable accommodation may be made to make it easier for the resident to access the area where smoking is allowed (i.e., the DSA or 25 feet from the building). However, the reasonable accommodation cannot allow a resident to smoke in the residential unit.

The goal of the smoke-free policy is to provide residents and staff with a healthier and safer environment. PHAs are encouraged to partner with their local and state health departments and tobacco control organizations to help residents who want to quit.

Each PHA has discretion on how to enforce its smoke-free policy. HUD recommends gradually increasing the consequences for violations, starting with verbal warnings, then a written warning, followed by a final notice. After repeated violations, enforcement of smoke-free policies could result in evictions for tenants that do not adhere to the policy or continue to smoke in their unit.

PHAs should be providing notice to all tenants in advance of this change to policy and to lease agreements. Residents should speak with their property manager about any questions or concerns in advance.

This article was written by Abigail Staudt and appeared in The Alert: Volume 34, Issue 1. Click here to read a full PDF of this issue!

[1] Change Is In The Air: An Action Guide for Establishing Smoke-Free Public Housing and Multifamily Properties, Department of Housing and Urban Development, p. 10-17 (2014). Electronic version here.

[2] Instituting Smoke-Free Public Housing, 80 Fed. Reg. 71,762 (Nov. 17, 2015)

[3] 324 CFR §965.653(c)

[4] 324 CFR §965.653(b)

In Ohio, 20 cities have laws protecting people who are lesbian, gay, bisexual, transgender or queer (“LGBTQ”) from discrimination. See http://www.equalityohio.org/city-map/. In many instances, the local ordinances create a board or committee charged with hearing complaints under the law. Unfortunately, the process for filing a complaint and addressing discrimination is not always clear.

In February 2016, the ACLU of Ohio learned about discrimination two transgender women faced at a store in Cleveland. The women were protected under Cleveland’s anti-discrimination ordinance.[1] Elizabeth Bonham, a Staff Attorney at the ACLU of Ohio, filed a complaint with the Fair Housing Board, as provided in the ordinance.[2] The Fair Housing Board issued its findings in favor of the women on December 12, 2016.

People who experience discrimination based on LGBTQ status in Cleveland, whether in housing or in public accommodations, can enforce their rights through filing a complaint with the Fair Housing Board. For information about the process, call the Fair Housing Board at 216.664.4529. In other cities that have passed anti-discrimination or human rights ordinances protecting the LGBTQ community, individuals have to contact each city’s law department to learn the appropriate process for filing a complaint.

The ACLU of Ohio has provided trainings on, and continues to provide information on, LGBTQ anti-discrimination ordinances, including enforcement options. For more information visit http://www.acluohio.org/archives/blog-posts/lgbt-advocacy-in-real-time or call the ACLU of Ohio at 216.472.2200. For information on how to file a complaint with the Equal Employment Opportunity Commission or with the Ohio Civil Rights Commission contact Equality Ohio at 216.224.0400 or visit http://www.equalityohio.org/ehea/.

This article was written by Chloe Sudduth and appeared in The Alert: Volume 34, Issue 1. Click here to read a full PDF of this issue!

[1] See City of Cleveland, Code of Ordinances, Part Six, Title V – Discrimination, available at http://www.clevelandcitycouncil.org/legislation-laws/charter-codified-ordinances.

[2] ACLU case Doe vs. Family Dollar, Inc. and CityWide Protection (Administrative Complaint): http://www.acluohio.org/archives/cases/doe-v-family-dollar-inc-and-citywide-protection

Ohio law prohibits your landlord from taking or disposing of your property after an eviction, unless the court specifically gives the landlord permission to do so. Landlords also cannot take your belongings for the purpose of recovering unpaid rent unless the landlord gets a court order. If your landlord takes your property without a court order and will not release it to you until you have paid back owed rent, you have the right to sue your landlord under Ohio law, specifically Revised Code §§ 5321.15(B) and (C).

If you make these claims, your landlord may argue that you “abandoned” your property, which would give the landlord the right to take it. Your landlord must prove that you:
(1) gave up all rights to your personal property and
(2) demonstrated your intent to never again reclaim your property.

Ohio law does not specify what a landlord is required to do with property left behind by a tenant who was evicted. However, in order to avoid liability for damages, your landlord should not dispose of any personal property left behind after an eviction and should instead store it and make it available to you. Landlords may charge you a reasonable cost for moving and storing the property.

If you were evicted and left behind personal property that you want, your former landlord may not require you to pay back rent owed in order to get your belongings back unless the landlord has a court order. Remember you may have to pay for the moving and storage of your property.

This article was written by Sara Bird and appeared in The Alert: Volume 33, Issue 3. Click here to read a full PDF of this issue!

If you are a tenant, your landlord is required to make certain necessary repairs to your rental unit, including:
• Repairs to keep the property in a livable condition;
• Repairs to meet housing and building codes that affect your health and safety; and
• Repairs required by your lease.

In Ohio, a tenant can pay rent to a court, instead of the landlord, after a landlord has refused to make necessary repairs within a reasonable amount of time. This is called “rent deposit” or “rent escrow.” However, the tenant must be very careful to follow certain rules in order to deposit rent to the court properly.

Before a tenant can deposit rent into the court, the tenant generally must:
• Be current on rent;
• Give the landlord written notice of the repairs needed by sending the notice to the person or place where the rent is normally paid (the tenant should keep a copy of this notice); and
• Give the landlord a reasonable time (usually 30 days, unless it’s an emergency) to make the repairs.

If the landlord doesn’t make the repairs during this reasonable time, the tenant generally may deposit the next month’s rent with the Clerk of Court of the municipal court for the tenant’s community. Each month, the tenant must continue to deposit the rent with the Clerk of Court by the date the rent is due according to the tenant’s lease. The Clerk of Court may have additional rules for depositing the rent, which the tenant must follow. The rent will remain on deposit with the court until the tenant and the landlord agree on how and when it should be released, or the court decides to release it.

Some non profit groups help tenants with the rent deposit process, at no charge to the tenant:
• In Ohio (all counties): Coalition on Homelessness and Housing in Ohio (COHHIO), (888) 485-7999.
• In Cuyahoga County: Rental Information Center of the Cleveland Tenants Organization, (216) 432-0609.
• In Lake County: Fair Housing Resource Center, Inc., (440) 392-0147.

Also, some courts help tenants with the rent deposit process. For example, Cleveland Housing Court specialists can explain the rent deposit process to tenants. The specialists are located on the 13th Floor of the Justice Center, 1200 Ontario Street, Cleveland, OH 44113, and are available for drop-in visits, Monday through Friday, 8:30 a.m. to 3:30 p.m. The Cleveland Housing Court phone number is (216) 664-4295.

This article was written by the Legal Aid Housing Practice Group and appeared in The Alert: Volume 33, Issue 3. Click here to read a full PDF of this issue!

Lead poisoning is one of the leading public health hazards in the U.S. today. The Ohio Department of Health recently tested Cleveland children under 6 and found almost 14% had elevated blood levels. One of the most common sources for child lead poisoning is lead paint hazards from homes built prior to 1978. Low-income individuals are especially vulnerable to having to live in old housing where lead paint is still an issue.

Some protections exist for those purchasing or leasing housing built before 1978. The Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, covers all housing offered for sale or lease built prior to 1978. This includes private housing, public housing, federally owned housing, and all housing that receives federal assistance.

Under this act, a landlord must provide a tenant with an approved Environmental Protection Agency pamphlet on how to identify and control lead hazards. The landlord must disclose all known lead hazards in the unit and in all common areas a tenant may use. A landlord must also provide a prospective tenant with any lead hazard reports related to the unit. Finally, the lease must include terms stating that the landlord has complied with all the notification requirements in Title X.

Renters and buyers who did not get the required information should call The National Lead Information Center hotline at 1-800-424-LEAD(5323). Callers can request a general information packet, and ask any questions concerning lead. If it turns out the home has a lead hazard, tenants should seek legal assistance. A tenant may sue a landlord if the landlord doesn’t provide the required information. The City of Cleveland’s lead hazard control ordinance declares lead hazards a public nuisance and the Commissioner of Health may order the landlord to abate, or clean up, the nuisance.

Lead poisoning can have long-term, irreversible effects on children. Homeowners and renters moving into a new dwelling should be sure that the seller or landlord provides all required information related to lead in the property.

This article was written by Luke Condon and appeared in The Alert: Volume 33, Issue 2. Click here to read a full PDF of this issue!

Housing providers can no longer automatically deny applications for housing based on a person having a criminal record. On April 4, 2016, the United Stated Department of Housing and Urban Development (HUD) issued a decision saying that such practices can be discriminatory. This change should help more families get the housing that they need.

The US has the highest incarceration rate in the world. HUD observed that nearly one-third of all people living in the US have a criminal record. HUD observed that African Americans and Hispanic Americans are arrested, convicted and incarcerated at higher rates than the general population. Further, HUD found that many landlords will not allow people to rent if they have a criminal record-sometimes based only on an arrest record.

The Fair Housing Act prohibits discrimination based on: race or color; religion; national origin; familial status or age—includes families with children under the age of 18 and pregnant women; disability or handicap, or sex. HUD decided that using blanket rules that exclude tenants with criminal records has a discriminatory effect. Thus, HUD has decided that the discriminatory effect can violate Fair Housing Laws. A recent U. S. Supreme Court opinion supports this position, stating that a rule with a discriminatory effect (called “disparate impact”) can violate the Fair Housing Laws even if the landlord did not intend to discriminate.

Based on HUD’s decision, housing providers make individualized determinations about whether a person’s criminal record may disqualify him or her for housing, and cannot use blanket exclusions. A person denied admission to federally subsidized housing based on a criminal record should request a hearing to challenge the decision. People can also call Legal Aid to apply for help at 1-888-817-3777.

By Maria Smith

Housing providers have started banning smoking in residential buildings. The bans prohibit residents smoking in their units or outside of designated smoking areas. The U.S. Department of Housing and Urban Development supports these bans in the interest of residents’ health and minimizing repair costs. 1

Public housing authorities (PHAs) in the five counties served by the Legal Aid Society may soon implement a smoking ban given HUD’s proposed “Smoke Free Public Housing” rule from November 2015. 2 Even in regions with relatively low smoking rates, such as Cuyahoga, 3 many citizens may be exposed to the health risks associated with smoking if they live or work in a smoking building.

If you live in a building considering a smoking ban, you may have the opportunity to voice your opinions about the ban. Look for signs or notices of a residents’ meeting within your building regarding a smoking ban. A residents’ meeting may be your best opportunity to speak directly to the PHA about the ban.

Another option for Cleveland residents to express their opinion is to contact the Cleveland Tenants Organization (CTO). CTO advocates for affordable and fair rental accommodations. 4 Tenants’ groups will be interested in working with PHAs to draft the ban because violations by tenants or tenants’ guests may result in a lease violation or even eviction. If you would like to speak with someone at CTO regarding a smoking ban, call (216) 432-0617.

Finally, if your building creates a smoking ban, be aware of your responsibilities. You may be asked to sign a lease addendum regarding the policy during a recertification meeting. 5 Read all documents carefully and ask your property manager any questions you have during that meeting. You may also request copies of the paperwork to review later or to discuss with a tenant advocate. Clarify when the new policy takes effect, and what is expected of tenants. You should also know the potential penalties for violating the ban so you can be sure to follow the new rules once effective.

1 Change Is In The Air: An Action Guide for Establishing Smoke-Free Public Housing and Multifamily Properties, Department of Housing and Urban Development, p. 10-17 (2014).
2 Instituting Smoke-Free Public Housing, 80 Fed. Reg. 71,762 (Nov. 17, 2015)
3 Ellen Jan Kleinerman, “Cuyahoga County smoking rate is lowest in Ohio.” The Plain Dealer,
September 15, 2010. Electronic access here.
4 “Mission & Values”, www.clevelandtenants.org (2015).
5 Change Is In The Air, p. 63

By Abigail Pink

Lead poisoning has long been a problem in Northeast Ohio. Children are exposed to lead through paint chips, lead in the soil, and lead in toys. Exposure to high amounts causes lead poisoning, which impacts how our children learn, behave, and develop.

Who is at risk?
Children ages 0-6 and pregnant women are at the greatest risk. Lead poisoning disproportionately impacts renters, minorities, and low-income residents who have less access to affordable, quality housing. Certain zip codes are at higher risk for lead hazards because of the age of their housing and the number of other children who have been poisoned there.1

Where is this problem?
Anywhere children may be exposed to lead. Common sources include old homes with peeling paint, the yard around such homes, outside near high traffic areas, old school buildings, and other buildings where children spend time (e.g. relatives, babysitter, and day care).

What are the signs?
Lead poisoning can cause many negative health impacts but children may not immediately present any symptoms of lead poisoning. Some long term consequences of lead poisoning in children include behavioral problems, cognitive delays, and trouble learning. High levels of lead poisoning can lead to hospitalization. Housing inspections don’t routinely check for lead so parents must spot potential lead hazards in the home and insist on having their child’s lead level’s tested.

When do I need to address this?
Immediately. If your child has not been tested for lead poisoning, talk to your pediatrician. Medicaid pays for lead testing.

What can you do if you’re concerned?
In addition to having your child’s lead levels tested, you can take some steps to limit their exposure to lead. Use HEPA vacuum filters and vacuum windowsills, wipe surfaces periodically, keep shoes at the front door to not track in lead, wash your kids’ hands and faces routinely, clean toys, watch where they play (avoid areas near peeling paint), feed them three meals a day with plenty of iron and calcium (greens, protein, milk). If your child’s lead levels are high,
try to identify the source of the exposure and if necessary, talk with your landlord or explore moving to a new home.

My child has been poisoned, what are my options?
• Get your house inspected. Contact your local health department to request an inspection.
• Request that your landlord remedy the lead paint problem.
• Discuss your options for suing your housing provider with an attorney.
• Seek early intervention. Talk to your pediatrician and contact your county’s Help Me Grow program for enrichment services that can help mediate the impact of lead poisoning.
• Inform the school and ask for your child to be evaluated for special education services to address cognitive or behavioral problems.

1 For a list of high risk zip codes, click here.

For information about resources to address lead poisoning, visit https://lasclev.org/leadpoisonresources

By Lauren Roberts

Lead poisoning in children is a serious condition with long term negative consequences.  The following resources may help families in northeast Ohio trying to cope with lead poisoning:

For medical advice for a child with an elevated blood level, contact:

• Your child’s pediatrician
• MetroHealth Pediatric Lead Clinic
  Referral by pediatrician or call (216) 778-2222

For education resources and support, contact:

• Help Me Grow (http://www.helpmegrow.ohio.gov/)
• For a list of Help Me Grow providers in your area, go to http://www.helpmegrow.ohio.gov/aboutus/Finding%20Help%20Me%20Grow/Find%20Help%20Me%20Grow.aspx

For information on lead testing of your home, contact:

• If you live in the city of Cleveland:

City of Cleveland Lead Safe: (216) 664-2175
http://www.clevelandhealth.org/network/environment/lead_safe_living.php

Lead Hazard Control Program: 216.651.0077
Click here for more information

• If you live in Cuyahoga County but not in Cleveland:

Cuyahoga County Board of Health: (216) 201-2000
Click here for more information

• If you live in Lake, Lorain, Geauga, or Ashtabula Counties:

Ohio Healthy Homes  1-877-LEADSAFE (532-3723)

Lake County
Click here for more information

For information about money available to eliminate a lead hazard in your home, contact:

• If you live in the City of Cleveland, 216-651-0077
  Click here for more information

• If you live in the City of Cleveland or anywhere else in Cuyahoga County, 216-263-5323
  http://development.cuyahogacounty.us/en-us/lead-safe-program.aspx
  or
  Click here for the Lead Safe Living Brochure

• If you live in Lorain County, 440-892-7873
  Click here for more information

• If you live in Ashtabula, Geauga or Lake Counties, 614-728-3105 or, click here

The Fair Housing Act (FHA), a federal law, protects people with disabilities from discrimination in housing. Landlords cannot treat tenants with disabilities worse than other tenants because of their disabilities. Also, tenants with mental or physical disabilities can ask for changes to make it easier to live in their units and follow the rules of their leases. These changes are called “reasonable accommodations.” The FHA requires most landlords to provide reasonable accommodations to tenants.

A reasonable accommodation can be any change to management rules, policies, practices or the way services are provided. The reason for the change must relate to the tenant’s disability. An example of an accommodation is permission to have a service animal in an apartment complex that does not allow pets. Another example is providing an assigned parking space for a disabled tenant who cannot walk very far. An accommodation can be requested for almost anything a tenant has to do as part of a lease.

Tenants in subsidized housing must follow many rules. For example, they must prove their income, pass background checks, turn in paperwork, and attend appointments. Tenants with disabilities can request accommodations for any of these rules.

Some examples of accommodations tenants in subsidizing housing
may request are:

• A chance to get back on a waiting list if removed for a reason
related to a disability
• Mail-in recertification if a tenant cannot make it to any
accessible locations
• Reminder letters or copies of letters sent to someone else if a
disability makes it hard for a tenant to remember things
• Not getting evicted if the reason for the eviction is related to
a disability

For more information, see https://lasclev.org/accomodations/, or the John Marshall Law School Fair Housing Legal Support Center at http://www.jmls.edu/clinics/fairhousing/resources.php.

If you receive a notice of termination, a 3-day notice or eviction complaint, call Legal Aid at 1-888-817-3777 to find out if you are eligible for assistance.

This article was written by Callie Dendrinos and appeared in The Alert: Volume 32, Issue 1. Click here to read a full PDF of this issue!

• Before you move in, determine who pays for utilities
• On the day you move into a rental unit, take photos of the condition of the unit
• Document your requests for repairs; for example, keep a log with the date and repair request
• Always pay your rent, unless you are depositing it at the Court.
• Always maintain proof of your rent payment; keep the money order stub, or get a receipt
• On the day you move out, take photos of the condition of the unit

No. A landlord may enter a tenant’s unit only after giving a 24-hour notice, except in case of emergency. Landlords may not enter at an unreasonable time or in an unreasonable manner. Landlords may not make repeated requests for entry that have the effect of harassment. Tenants may seek injunctive relief from the courts when landlords abuse their right of access. The Ohio Landlord Tenant Law does not prohibit a tenant from installing her/his own locks on the rental premises, although this may be prohibited by the lease. A tenant has the duty under the law to not unreasonably restrict the landlord’s right of access.

The landlord must return the security deposit to the tenant within 30 days of the time that the tenant gives up occupancy (i.e., moves out and turns in the key) and terminates the rental agreement. The tenant must provide the landlord with a forwarding address in writing.

The Ohio Landlord-Tenant Law permits a landlord to apply a security deposit to cover the costs of unpaid rents or charges, and any repair of tenant-caused damages to the property, in excess of normal wear and tear. If the landlord makes a deduction from the security deposit, the landlord is required to provide the tenant with a written itemized accounting of the money that is withheld.

If, after 30 days, the landlord has not returned the deposit or the itemized accounting, or if the tenant disagrees with the landlord’s decision to withhold some or all of the security deposit, then the tenant may sue for double the amount which the tenant believes was wrongfully withheld.  If the tenant’s claim is for less than $3000, the tenant may file in the Small Claims Court in the city where the property was located.

For a month-to-month lease, either a landlord or a tenant may terminate a month-to-month agreement by giving a full thirty days notice to the other party. The thirty days begins on the next rental due date and runs with the rental period.

For a longer term lease, such as a written lease, the rental agreement (lease) normally specifies the method for termination or renewal. If termination or renewal is not specified, then the agreement ends on the date in the agreement.

If a tenant breaks a lease by moving before the lease is up, or if a tenant has had a lease terminated because the tenant is in violation of the Law, the tenant may be held liable under the agreement until the unit is re-rented.

To bring an eviction action, the landlord must first serve a 3-day notice to vacate the premises in person, by mail, or at the premises. If the tenant does not move within the 3-day period, then the landlord must file and action in Forcible Entry and Detainer at the court in the city where the property is located. The Court will schedule a hearing and the tenant will receive a summons and complaint at least 10 days before the hearing.

At the hearing, the landlord may present evidence in support of the eviction and the tenant may present a defense to the eviction action. A tenant may raise the issue of bad conditions as a defense or a counterclaim at the eviction hearing. If an eviction is ordered, the landlord will make arrangements with the Court to have the tenant’s belonging removed from the unit if the tenant does not move. Local procedures may vary, check with your municipal court or an attorney.

A landlord may bring an eviction action against a tenant when the tenant has

• Failed to pay rent on time
• Occupied the unit after the termination or expiration of the rental agreement
• Breached the lease agreement

Landlords are required to make certain repairs to their rental units, when they are needed, including:

• Repairs to keep the property in a livable condition;
• Repairs to meet housing and building codes that affect health and safety; and
• Repairs required by the terms of the lease.

In Ohio, if a landlord fails to make repairs, a rent deposit (or rent escrow) process allows a tenant to pay the rent to a court, instead of the landlord, to get the landlord to make these repairs.

Before a tenant may rent deposit, the tenant generally must:

• Be current in rent;
• Give the landlord written notice of the repairs needed, by sending the notice to the person or place where the rent is normally paid; and
• Then give the landlord a reasonable time (usually 30 days) to make the repairs.

If the landlord does not make the repairs during this reasonable time, the tenant may rent deposit.   At the time the monthly rent is due, the tenant deposits the monthly rent with the Clerk of Court of the municipal court for the tenant’s community.   Each month, the tenant must continue to timely deposit the rent with the Clerk of Court.   The Clerk of Court may have rules for depositing the rent, which the tenant must follow.

In Ohio a tenant has a duty to:

• Keep premises safe and sanitary.
• Dispose of rubbish in the proper manner.
• Keep the plumbing fixtures as clean as their condition permits.
• Use electrical and plumbing fixtures properly.
• Comply with housing, health, and safety codes that apply to tenants.
• Refrain from damaging the premises and keep guests from causing damage.
• Maintain appliances supplied by the landlord in good working order.
• Conduct yourself in a manner that does not disturb any neighbors and require guests to do the same.
• Permit landlord to enter the dwelling unit if the request is reasonable and proper notice is given.
• Comply with state or municipal drug laws in connection with the premises and require house-hold members and guests to do likewise.

In Ohio a landlord has a duty to:

• Put and keep the premises in a fit and habitable condition.
• Keep the common areas safe and sanitary.
• Comply with building, housing, health, and safety codes.
• Keep in good working order all electrical, plumbing, heating, and ventilation systems and fixtures.
• Maintain all appliances and equipment supplied or required by the landlord.
• Provide running water and reasonable amounts of hot water and heat, unless the hot water and hear are supplied by an installation that is under the exclusive control of the tenant and supplied by a direct public utility hook-up.
• Provide garbage cans and arrange for trash removal if the landlord owns four or more residential units in the same building.
• Give at least 24 hours notice, unless it is an emergency, before entering a tenant’s unit, and enter only at reasonable times in a reasonable manner.
• Evict the tenant when informed by a law enforcement officer of drug activity by the tenant, a member of the tenant’s household, or a guest of the tenant occurring in or otherwise connected with the tenant’s premises.

Ohio law governs the relationship between tenants and landlords. When the arrangement no longer benefits one of the parties, they must take certain steps to end it. For example, they must give notice to the other side. A landlord CANNOT resort to “self-help” in order to remove a tenant from his property. The following examples are sometimes used or threatened by landlords, even though doing so is against the law:

1. Physically forcing the tenant out of the property
2. Threatening to hurt the tenant if the tenant does not leave
3. Removing the tenant’s things without permission
4. Turning off utilities (gas, electric, water) at the property
5. Changing the locks
6. Altering the property to make it unlivable

The only way to evict someone in Ohio is through the court system. Before the court proceeding, the landlord must deliver all proper notices to the tenant. All landlords must serve tenants with a 3 day notice to vacate. Landlords for subsidized housing have additional notice requirements.

The landlord can then go to the municipal housing court to file a complaint against the tenant if the tenant does not move out. The court then schedules a hearing, where both the landlord and tenant can present their case. If the landlord is able to prove the grounds for eviction, the Court will order the tenant to move. Usually the courts allow tenants 7 to 10 days from the eviction to prepare to move. Tenants and landlords can call the Cleveland Housing Court at 216-664-4295 for information about eviction proceedings.

Emergency assistance and shelter can be found by calling 211 if a landlord illegally evicts a tenant. Tenants who are illegally evicted may also be entitled to money damages for property lost as a result of the landlord’s actions. Some things tenants can do if facing an illegal eviction are:

1. Call the police and make a police report immediately.
2. Take pictures of where the landlord put personal property, and anything that was damaged, as soon as possible.
3. Identify any witnesses. If anyone observed the landlord’s actions, ask for their name and contact information.
4. Notify utility companies and request utility records for the time at issue to prove the amount of the charges that should not be charged to the tenant.
5. Call Legal Aid at 1-888-817-3777 to apply for assistance or call the Cleveland Housing Court 216-664-4295 to seek information about the legal process.

If a landlord threatens an illegal eviction, there are organizations that can try to help prevent it. Call the Cleveland Tenant Organization at 216-664- 0617 or The Cleveland Mediation Center at 216-621-1919. Legal Aid can help with some evictions. Call 1-888-817-3777 to apply for assistance.

This article was written by Lukas Padegimas and appeared in The Alert: Volume 31, Issue 2. Click here to read a full PDF of this issue!

Victims of domestic violence are often forced to choose between abuse and homelessness. If a victim of abuse does not have any other place to live, victims many times will stay with their abuser.  Victims also face loss of housing and housing discrimination because of their abuser’s behavior.

The Violence Against Women Act (“VAWA 2013”) protects victims of domestic violence, sexual assault, dating violence and stalking. In 2013, the law was expanded to provide more protections.

More People are Protected: VAWA 2013 covers victims of sexual assault in addition to victims of domestic violence, dating violence and stalking.  Also, VAWA 2013 now specifically protects Native American women, immigrants, LGBT victims, college students and youth.

Protections from Evictions: Under VAWA 2013, victims cannot be denied housing in federal housing programs because of being a victim of violence.  Victims also cannot be evicted from federal housing programs due to their status as victims or due to the actions of the abuser.

VAWA 2013 also created emergency housing transfer options in all federal housing programs.  Victims should be able to transfer to a different unit to have safer housing.  Plans for these options are being developed by local housing authorities.

College Students

VAWA 2013 also protects college students.  Schools must create a recording process for incidences of dating violence and report the findings. Schools also must create plans to prevent dating violence and educate victims on their rights, including the right to contact law enforcement.

Preferred Waiting Lists

Some public housing authorities and subsidized housing providers provide a preference to domestic violence victims on their waiting lists.  Victims may be able to secure subsidized housing more quickly than if they were on the regular waiting list.

If you are a victim of domestic violence, dating violence, sexual assault or stalking, and you believe that you have been denied housing or that you are being evicted due to your abuser’s action, you should seek legal counsel.  Legal Aid provides assistance in some housing cases.  Call Legal Aid at 1-888-817-3777 to apply for help.

This article was written by Legal Aid Managing Attorney Abigail Staudt and appeared in The Alert: Volume 31, Issue 1. Click here to read a full PDF of this issue!

What is Housing Court?  In Ohio, three courts have divisions that specialize in housing-related issues:  Cleveland, Toledo, and Franklin County.  These courts were created to allow judges to develop expertise in these areas of law and use a problem-solving approach to cases.  In other cities, the municipal court typically hears cases related to housing issues.

What types of cases are heard in Housing Court?  The courts hear civil and criminal cases related to real property.  The civil cases include landlord tenant matters, like evictions, rent deposits, and actions to compel repairs.  The criminal cases involve the failure to maintain property, and include building, housing, health, fire and zoning code violations.

What should you know about going to Housing Court on your own?

You are not required to have an attorney to appear in Housing Court (unless you are appearing on behalf of a company you own).  If you are in Court on a criminal case you may be entitled to a court-appointed attorney.  Ask the Judge about your right to counsel when you appear for a criminal case.

• Read your court papers carefully!  They will tell you when and where you are to appear, and whether you need to file anything in writing with the Court.

• Look at the Court’s website.  Most websites post basic information, including local rules, and have a list of “frequently asked questions.”

• Read the rules.  A court’s local rules tell you how individual courts handle cases.  Also, all parties must follow the Ohio Rules of Civil Procedure, whether they are represented by an attorney or not.

• Evictions are summary proceedings.  This means that cases move quickly, and usually are heard and decided at the first hearing.  In Cleveland, if you are ordered to move, you may have as few as seven days to do so!  If you have special circumstances you would like the Court to consider, bring related paperwork to the hearing.

• Consider mediation.  The Cleveland Housing Court now offers community mediation, in which court staff  meet with landlords and tenants in their neighborhoods to try and resolve problems and avoid future lawsuits.  For more information, please contact the Court at 216-664-4295.  In other communities, check with the municipal court to find out if mediation is available.

• Questions?  Many organizations offer help to tenants.  Call 2-1-1 for resources in your community.  In Cleveland, see a Housing Specialist for information about court procedure and landlord-tenant law, Monday through Friday, from 8:00AM – 3:30PM, on the 13^th floor of the Justice Center.  The Specialists are not attorneys, and cannot represent you, but can answer general questions.

This article was written by Cleveland Housing Court Senior Staff Attorney Jessica M. Weymouth and appeared in The Alert: Volume 30, Issue 2. Click here to read a full PDF of this issue!

If you are a tenant, your landlord is required to make certain repairs to your rental unit, when they are needed, including:

• Repairs to keep the property in a livable condition;
• Repairs to meet housing and building codes that affect health and safety; and
• Repairs required by the terms of the lease.

In Ohio, a rent deposit (or rent escrow) process allows tenants to pay their rent to a court, instead of the landlord, to get the landlord to make these repairs.

Before a tenant may rent deposit, the tenant generally must:

• Be current in rent;
• Give the landlord written notice of the repairs needed, by sending the notice to the person or place where the rent is normally paid; and
• Then give the landlord a reasonable time (usually 30 days) to make the repairs.

If the landlord does not make the repairs during this reasonable time, the tenant generally may rent deposit.   This means the tenant may deposit the monthly rent with the Clerk of Court of the municipal court for the tenant’s community.   Each month, the tenant must continue to deposit the rent with the Clerk of Court by the date the rent is due.   The Clerk of Court may have rules for depositing the rent, which the tenant must follow.

Some non-profit groups help tenants with the rent deposit process, at no charge to the tenant, such as:

• In Ohio (all counties):   Rental Housing Information Network in Ohio, (888) 485-7999.
• In Cuyahoga County:   Rental Information Center of the Cleveland Tenants Organization, (216) 432-0609.
• In Lake County:   Fair Housing Resource Center, Inc., (440) 392-0147.

Also, some courts help tenants with the rent deposit process.   For example, Cleveland Housing Court specialists explain the rent deposit process to tenants.   The specialists are located on the 13^th Floor of the Justice Center, 1200 Ontario Street, Cleveland, OH 44113.   They are available for drop-in visits, Monday through Friday, 8:30 a.m. to 3:30 p.m.   The Cleveland Housing Court phone number is (216) 664-4295.

This article was written by Legal Aid attorney Peter Iskin and  appeared in The Alert: Volume 29, Issue 1. Click here to read the full issue.

Sometimes there is a connection between a tenant’s physical or mental  disability and a lease violation. When this occurs, the tenant may ask the landlord for a reasonable accommodation that will allow the tenant to keep their housing. A tenant may make this request in connection with an eviction action or at any time before eviction.

Some examples of reasonable accommodations include:

• using a power of attorney to pay the rent on time,
• having a cleaning service clean the apartment, or
• moving from a one bedroom to a two bedroom apartment fora live-in aide.

Many older people benefit from a companion animal, based on a doctor’s note that the animal helps with depression or other illnesses.

If there is a connection between the health problem and the lease violation, generally the landlord may not evict for the lease violation. The landlord may deny the reasonable accommodation request if:

• it would impose a large financial or administrative burden;
• it would change the nature of the housing provided; or
• it would not eliminate the direct physical threat to the health and safety of other tenants.

These reasonable accommodation rules apply in both private housing and subsidized housing. When a reasonable accommodation is granted, the tenant must then remain in compliance with the lease. A tenant may also make more than one reasonable accommodation request.

A tenant may also request a reasonable modification to their rental dwelling or to common areas of the building such as wheelchair accessible entryways to both dwelling units and common areas.

If a tenant needs a modification in order to use the apartment or house, the landlord must allow the modification if it is reasonable. In private housing (including section 8 voucher housing), the tenant is required to pay for the modification if it is reasonable.

Tenants who have either a physical or mental disability should consider using a request for reasonable accommodation or modification to obtain or keep affordable housing.

Northeast Ohio and many places across the country are experiencing a significant increase in bed bug complaints. Bed bugs were once thought to be pests found only on bedding in homes, apartments, and rooming houses. Now bed bugs are found in office buildings, retail stores, hospitals, dormitories, nursing homes, office buildings, libraries, movie theaters, buses, and any other place where people gather. Bed bugs are excellent hitchhikers and are easily spread by moving beds, furniture, luggage, or clothing from one location to another.

Identifying Bed Bugs

• Bed bugs are small, flat, oval, reddish-brown, wingless insects that feed primarily on the blood of humans.

• Adult bed bugs are approximately  ¼ inch long, about the size of an apple seed. Young bed bugs (nymphs) are quite small and when unfed they appear lighter and almost clear in color.

• Bed bugs do not fly or jump. However, they can crawl very fast.

Bed Bug Bites

• Bed bugs bites often occur on the arms, shoulders, neck and legs.

• The bite can usually be seen as a red bump, up to a centimeter in size and without a red puncture mark in the middle.

• The bites may occur in lines or as a cluster of three or four.

• The bite may appear within hours or delayed up to a week.

• Bed bugs are primarily a nuisance to humans and are not known to transmit disease. Some people have no reaction to bites while other people may experience itchiness and irritation. Try to avoid scratching bites. Questions about bite marks should be directed to a medical provider.

Signs of a Bed Bug Infestation

Usually the first sign of a bed bug infestation is the appearance of red itchy welts on any bare skin that is exposed while sleeping. Next, look for small black or rusty-colored spots on bed linens, pillows, or mattress. These are blood spots and bed bug droppings. Also, look for live bed bugs, eggs, and cast skins.

Inspecting for Bed Bugs

Bed bugs hide close to where people sleep. They prefer fabric, wood, and paper surfaces over metal or plastic. Look for live bed bugs, eggs, cast skins, and blood or fecal spots in these locations: mattresses, box springs, head boards, bed frames, upholstered furniture, recliners, baseboards, behind pictures, under loose wallpaper, draperies, electrical outlets, telephones, radios, televisions, stacks of books, piles of papers, back packs, luggage, futons, gym bags, draperies & curtains, stuffed animals, hollow furniture legs, door frames & hinges, wall / ceiling junction.

Treating Bed Bug Infestations

Complete elimination of a bed bug infestation can be a difficult process and may require the services of a knowledgeable and licensed pest control operator. It may take several treatments to gain control over an infestation. If a “do-it-yourself” method is chosen, only use pesticide products that are labeled to kill bed bugs. Remember to always read and follow the label directions before applying any pesticide product. Here are some additional tips to help eliminate bed bugs.

• Reduce and eliminate clutter. Don’t keep piles of clothes, boxes, toys, shoes, etc. on the floor, under the bed, or in closets. They are prime hiding places for bed bugs.

• Wash infested bedding and clothing in hot water and then dry on a hot setting for at least 30 minutes.

• Encase an infested mattress and box spring in a zippered cover that is labeled and certified “bed bug proof”. Leave the covers on for at least one full year.

• Vacuum bedrooms thoroughly and often. Pay particular attention to the area around the bed and the bed itself. Place the vacuum cleaner bag or contents in a zip-lock plastic bag and discard it in the trash outside.

• Getting rid of bed bugs is a cooperative effort. Follow all recommended preparation guidelines provided by the pest control company prior to each treatment.

• Pesticides labeled to kill bed bugs are available over the counter and may provide effective control. However, if the problem persists or is heavily entrenched, contact a knowledgeable, experienced, and licensed pest management professional for assistance.

• Since bed bugs are difficult to control, plan on several extensive treatments to eliminate an infestation.

• DO NOT USE “Bug Bombs”. These products may kill on contact but they are ineffective against hidden bed bugs. They may make the infestation worse by scattering the bugs throughout the home or apartment.

• If an infestation is suspected in a rental unit, contact the building manager or landlord about the problem. Property owners should contact a professional pest control company for advice and assistance. The Cuyahoga County Board of Health (at (216) 201-2000) is also available to assist.

Preventing Future Infestations of Bed Bugs

• Do not bring discarded bed frames, mattresses, box springs, or upholstered furniture into the home.

• Carefully inspect used or rented furniture prior to bringing it into the home.

• When traveling, inspect the bed, headboard, and furniture upon arrival. Keep suitcases off the floor and bed and inspect them before leaving. Wash and dry all clothing thoroughly after returning home.

• Caulk and seal any cracks and crevices throughout the home, especially in rooms where people sleep.

• Be careful of who stays overnight or sleeps at the house.

Bed Bugs in Nursing Homes

Although no residence is safe, certain populations are particularly prone to bed bug infestations. A troublingly high incidence of bed bug infestations has been reported in nursing homes throughout the country.

Bed bug infestations are a concern for many seniors living in senior housing. Seniors living in a nursing home may be exposed to bed bugs through shared laundry facilities or common sitting areas, or by staying in a room near someone who may have bed bugs.

Bed bugs are attracted to heat and chemicals emitted by humans and survive on human blood. Therefore, nursing homes act as a breeding ground for bed bugs due to the high rate of residents, staff and family members moving about the facility. Furthermore, residents stay in bed for prolonged periods of time and live in close proximity, making it easy for bed bugs to survive.

Recommendations for Residents in Senior Housing

• Keep any living space clutter-free. Clutter provides great hiding spots for bed bugs.

• Bites that appear after sleeping may be an indication that bed bugs are present, even if they do not itch.

• Report a bed bug infestation to the property manager or facility administrator within 24 hours of the pest sighting.

• Do not attempt to control a bed bug infestation alone. Never self treat with pesticides, especially “bug bombs”, which drive bed bugs into adjacent rooms or units.

• Do not remove anything from an infested room until after the room is treated by a pest management professional (PMP).

• Cooperate fully with the recommendations provided by the PMP to prepare rooms for bed bug inspection and treatment. Ask the property manager or administration for help if there are preparation steps that cannot be accomplished alone, such as disassembling or moving furniture. Disabled and elderly individuals should request assistance with preparation.

• Prior to treatment, place all clutter and garbage from infested rooms in sealed plastic bags. Bagged items should remain in the infested room for treatment by a PMP prior to disposal.

• The day of the pesticide treatment, all bedding and clothing should be bagged in plastic, transported to the laundry and laundered using hot water. Dry the items for at least 30 minutes on high heat. Bags used for transport should not be re-used, but should be sealed and disposed with other infested refuse.

Bed bug infestations are a problem that affects everyone. Do not be reluctant to discuss a possible infestation because of embarrassment. It is important to report the infestation to management. The earlier the infestation is addressed, the more likely it will be quickly controlled.

To force you to leave your rental unit, your landlord must file an eviction action and obtain an eviction order. This requires your landlord to:

• Give you a written notice to leave and, in some cases, also a notice of termination
• File an eviction complaint with a court
• Prove the landlord’s right (if any) to evict you, during the eviction hearing
• Obtain a court order for eviction

The court will send you two documents: (i) the eviction complaint and (ii) a document called a “summons,” which tells you the place, date, and time of the eviction hearing. During the eviction hearing, you may present your facts (witnesses, documents, photographs) and your position on your right to stay in the rental unit.

Next Steps

Visit a brief advice clinic, contact Legal Aid directly, or contact one of the following partner agencies.

Cuyahoga County residents:
The Cleveland Tenants Organization
Rental Information Center
(216) 432-0609

City of Cleveland residents:
Cleveland Housing Court
The Justice Center
1200 Ontario Street, 13th Floor
Cleveland, OH 44113
(216) 664-4295

Lake County residents:
The Fair Housing Resource Center
(440) 392-0147

Other Resources

“Know Your Rental Rights in Cleveland”
“Know Your Rental Rights”

No. It is unlawful for a landlord to change the locks, terminate a utility service, take a tenant’s property, or do anything else to make the rental unit uninhabited in order to force a tenant to move. These are called “self-help evictions.”

Self-help evictions are unlawful. If a tenant has missed a rent payment, violated the lease agreement or failed to meet obligations under the Ohio Landlord-Tenant Law, the landlord must serve the proper notice and file an eviction action through the local court. It is unlawful for a landlord to attempt an eviction outside of the court system.

Yes. Your landlord is only permitted to enter your rental unit for certain purposes, which include inspecting the property, making repairs, and showing the property to potential purchasers or future tenants. Your landlord may not make repeated demands for entry that have the effect of harassing you.

Next Steps

Visit a brief advice clinic or contact one of the following partner agencies.

Cuyahoga County residents:
The Cleveland Tenants Organization
Rental Information Center
(216) 432-0609

City of Cleveland residents:
Cleveland Housing Court
The Justice Center
1200 Ontario Street, 13th Floor
Cleveland, OH 44113
(216) 664-4295

Lake County residents:
The Fair Housing Resource Center
(440) 392-0147

Other Resources

“Know Your Rental Rights in Cleveland”
“Know Your Rental Rights”

Yes. You must prohibit your children and invited guests from damaging the property and from disturbing your neighbors. You are not responsible for the conduct of uninvited persons who are on the property without your permission or the permission of a family member.

Next Steps

Visit a brief advice clinic, contact Legal Aid directly, or contact one of the following partner agencies.

Cuyahoga County residents:
The Cleveland Tenants Organization
Rental Information Center
(216) 432-0609

City of Cleveland residents:
Cleveland Housing Court
The Justice Center
1200 Ontario Street, 13th Floor
Cleveland, OH 44113
(216) 664-4295

Lake County residents:
The Fair Housing Resource Center
(440) 392-0147

Other Resources

“Know Your Rental Rights in Cleveland”
“Know Your Rental Rights”

Can I be evicted during COVID-19?

Eviction cases can still be filed and move forward in Ohio.  However, many courts in northeast Ohio have temporarily stopped allowing evictions to be filed or cancelled scheduled eviction hearings.  To find out if your court has stopped evictions, visit the court’s website or click here.  If you have a court date or deadline coming up, call the court directly to find out if evictions are currently stopped and how long they will be postponed.  Court policies change frequently.

What properties are covered by the federal law delaying evictions?

Federal law prevents landlords at some properties from filing an eviction at this time.  The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) prevents a landlord from evicting a tenant from a property subsidized by the Federal government.  This includes all residents in the following properties:

• public housing,
• buildings receiving Section 8 rental assistance vouchers or subsidies,
• buildings receiving USDA rental housing assistance,
• buildings that receive Low Income Housing Tax Credits.
• where the owner has a loan backed by the FHA, USDA, VA, or Fannie Mae or Freddie Mac.

Owners of these properties cannot file eviction until after July 25, 2020. After July 25, 2020, these owners must serve a tenant with a notice to vacate the property thirty (30) days before an eviction can be filed.  Then, the owner must still give the tenant a 3-day notice.

Do I still have to pay my rent?

Yes.  Even if evictions are temporarily stopped in your area, you are still responsible for paying your rent.  If you are unable to pay your rent, you should contact your landlord and ask if your landlord will accept late rent.  If your landlord agrees to take rent late, ask your landlord to put the agreement in writing. A text message from your landlord is good enough.  But, be sure to screenshot the message and save it on a computer, email it to yourself or send it to another electronic database so you can get it even if you no longer have your phone.

Where can I get rent assistance?

If you are unable to pay your rent, you may be eligible to receive rent assistance. You should tell your landlord that you are not able to pay your rent, but that you are looking for rent assistance. Call 211 (available 24 hours a day) or go online to 211oh.org and use the chat feature. You can also call the Tenant Information Line at (440) 210-4533 or (216) 861-5955.

Can my landlord shut off my utilities or lock me out of my property if I am unable to pay my rent? 

No.  The only way a landlord can force you to leave the property is by filing an eviction and getting a court order saying you have to leave.  A landlord is not allowed to shut off your utilities or lock you out of your rental property even if you have not paid your rent.  If a landlord is changing locks, shutting off utilities or removing your belongings from the rental property during this time you should consider calling law enforcement to report this illegal activity and call Legal Aid for assistance in enforcing your right to remain in the property.

What should I do if I need something repaired during COVID-19?

Landlords are still required to maintain your rental property so that it’s safe for you and your family.  If you need something repaired, you should make your request to your landlord in writing and save a copy of the written request.  Your landlord should make the repair in a reasonable amount of time, no later than 30 days after you make the request.  If your landlord fails to make the repair you’ve requested, you may have the right to pay your rent into the court using the rent escrow process.  You can find more information about that process at https://lasclev.org/my-rental-unit-needs-repairs-what-do-i-do/.  However, you should contact the court to see if they are allowing tenants to escrow rent under their COVID-19 policies. If the repair is an emergency, like a utility shout off or a condition that impacts your health and safety, the courts may make exceptions to their COVID-19 policies.

Can my landlord refuse to rent to me because someone in my household was sick with coronavirus?

Probably not.  The Fair Housing Act (FHA) protects people with disabilities against discrimination in housing.  A person diagnosed with coronavirus is likely a “disabled” person under the FHA.  If a tenant is protected by the FHA, then a landlord cannot treat the tenant differently because of the disability, i.e. deny housing they would otherwise provide.  Tenants with questions about possible housing discrimination should call The Fair Housing Center at 216.361-9240.  Click here for more information about fair housing.

Written by The Legal Aid Society of Cleveland on 8/21/2019

Asserting “lack of legal counsel for tenants during eviction cases is a violation of a basic human right,” Cleveland City Council today introduced legislation to create a right to counsel in eviction cases in Cleveland Housing Court.

The legislation will provide legal representation to households facing eviction that include children and are below 100% of the federal poverty guidelines.

Under the leadership of Cleveland City Council President Kevin Kelley and Councilman Tony Brancatelli, United Way of Greater Cleveland will develop and implement this landmark right in partnership with The Legal Aid Society of Cleveland.

Our constitution ensures access to no-cost legal counsel when someone is accused of a serious crime and cannot afford an attorney. No similar constitutional right to legal counsel exists for tenants in eviction cases — even if losing the case would lead to homelessness.

“The Housing Justice Alliance will tip the scales for those who cannot afford a lawyer when their homes are at risk,” says Colleen Cotter, Esq., Legal Aid’s Executive Director.  “By establishing a right to free, high-quality legal representation, we can secure safe, affordable, and stable housing for Cleveland families living in poverty.”

A safe, stable home serves as a foundation for healthy families and is the nexus of thriving communities. Yet, too many Cleveland families living in poverty are being evicted. There are an estimated 20,000 evictions in Cuyahoga County annually.  In Cleveland, where about 9,000 evictions filed are filed each year, only 1% -2% of tenants facing eviction are represented by an attorney. Most landlords have a lawyer.

Thanks to the Sisters of Charity Foundation of Cleveland’s Innovation Mission, The Legal Aid Society of Cleveland began to examine the efficacy of a right to counsel in Cleveland in 2018.  From this platform, the Housing Justice Alliance was created. The Alliance is led by Legal Aid attorney Hazel Remesch and an advisory committee which includes low-income community members, representatives from the bar, and city leaders — including Council President Kelley and Council Member Brancatelli.

Studies show that tenants who receive full legal representation in eviction cases are more likely to stay in their homes and save on rent or fees. In the summer of 2017, New York City became the first U.S. city to pass historic “right to counsel” legislation, guaranteeing that tenants under 200% of federal poverty guidelines who face eviction have access to legal representation. As a result, New York City is expected to gain a net savings of $320 million annually. In the first year since the law’s implementation, 84% of households represented in court by lawyers avoided displacement.

Cleveland’s introduction of legislation for a right to counsel in eviction cases aims to help many Cleveland families overcome barriers to employment, economic opportunity, and educational success. Some evictions will not be avoided, of course; many evictions are unavoidable.  However, this new legislation will ensure a significant number of low-income people who should not be evicted will not be, and that those who need to move can do so with a soft landing.

For more information, visit www.HousingJusticeAlliance.org.

Media inquiries can be directed to Melanie Shakarian, Esq. at melanie.shakarian@lasclev.org or 216-215-0074.

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Do you rent your home? Do you have questions about tenant rights and responsibilities? Tenants can call Legal Aid’s Tenant Information Line for information about Ohio housing law. For Cuyahoga County tenants, call 216-861-5955. For Ashtabula, Lake, Geauga and Lorain Counties, call 440-210-4533. Some examples of common questions are:

• Am I allowed to break my lease?
• How can I get my landlord to make repairs?
• What do I need to do to get back my security deposit?
• Can I keep my service animal if my new building does not allow pets?
• Do I have to keep paying rent if my landlord is not paying utilities that are his responsibility?
• I received a 3- day notice, do I need to move?
• How much can my landlord charge for late fees?

Tenants can call and leave a message at any time. Callers should clearly state their name, phone number and a brief description of their housing question. A housing specialist will return the call between 9 AM and 5 PM, Monday through Friday. Calls are returned within 1-2 business days.

This number is for information only. Callers will get answers to their questions and will also receive information about their rights. Some callers may be referred to other organizations for additional help. Callers who need legal assistance may be referred to Legal Aid’s intake or a neighborhood brief advice clinic.

Click here for a printable bookmark with more info!

What to Do When a Landlord Denies Public Housing Based on a Criminal Record

When you apply for Section 8 or public housing, you may be asked whether you or a family member have ever been arrested or convicted of a crime.

If is the answer is yes, then the landlord may deny your application. But you may still qualify for the housing. If you want to challenge the denial, you need to ask for an informal appeal right away. The number of days you are given will be stated in the rejection letter. You count the number of days from the date in the letter.

You will need to write a short letter to ask for a meeting about the denial. Take your letter to the landlord’s office and ask the receptionist to date-stamp a copy of your request for a meeting.   Keep the stamped copy. In the letter, you should ask for:

• a copy of your application
• the information used to deny your application
• a copy of the Tenant Selection Plan (TSP)

The TSP will tell you how long the criminal conviction will count against you. Federal law requires the time to be reasonable. The time may count either from the date you were convicted or from when you completed your sentence. Different landlords will look at criminal convictions for different lengths of time.

At the meeting with the landlord, you need to show that you will be a good tenant. You could show that your conviction should not count against you because it is from a long time ago. Also, you could show that your behavior has improved since you were convicted. Bring letters from teachers, mentors, pastors or others that say how you have changed. Certificates showing you completed courses or programs can also be helpful. You may want to consult with an attorney before the meeting. To find out if you are eligible for Legal Aid, please contact intake at 216.687.1900 or attend a free Brief Advice Clinic.

This article was written by Legal Aid Supervising Attorney Maria Smith and appeared in The Alert: Volume 29, Issue 2. Click here to read the full issue. 

After Ingrid Perry’s mother passed away two years ago, the manager at the housing complex where they both lived gave Perry 15 days to get hermother’s unit cleared out.

“I was cleaning her apartment, and all of a sudden the fire alarm and sprinkler system went off. Nobody knew how to turn it off, so it was on for 15 minutes or more,” Perry said, “Everything was soaked, all my mother’s photos, everything.”

The loss of precious keepsakes was painful enough, but then Perry got a $1,500 bill for water damage and a threat to evict from her landlord.

Perry called Legal Aid, where attorney Maria Smith took her case and negotiated an agreement with the apartment complex that prevented her eviction if she agreed to vacate her apartment. The landlord also agreed to provide a neutral reference as Perry prepared to move into subsidized housing.

Keen to avoid both the fine and an eviction record that could jeopardize her new housing, Perry moved out by the deadline, received back her mother’s security deposit, and found a new home without incident. For the time being, Perry had some closure to a painful chapter.

But two years later, the young woman received another invoice from the corporate headquarters of the complex — this time for $2,800 in damages.

“It felt like they were tearing the scar off an old wound,” Perry said. “Didn’t I already go through enough?”

Perry had left her own unit in fine condition, with a housing inspection report to prove it. Yet the corporate headquarters were taking advantage of the way the previous court case had settled – “without prejudice,” meaning the plaintiff could file a future lawsuit for damages.

Perry called Legal Aid for the follow-up help and staff attorney Callie Dendrinos was her advocate.  The corporate office alleged that she had hit the sprinkler head while cleaning out the apartment. At a petite 4’11’’ it was unlikely any part of Perry could have set off the sprinkler.

Dendrinos knew Perry had a strong case and issued a written discovery outlining the many holes in their complaint.

“It seemed they were hoping she wouldn’t show and they’d get a default judgement against her,” Dendrinos said. “When it was clear we were going to litigate this, they lost their appetite.”

With Legal Aid’s representation, Perry received her second favorable outcome as the plaintiff dropped the suit. “The news lifted such a weight off me,” Perry said. “I was finally able to move forward in my life.”

Did you know most eviction cases are over in only 5-7 minutes?  Having an attorney by your side in court makes all the difference when your home is at risk.  Yet, people lose their housing every day because they don’t know or understand their rights as a tenant.  Special thanks to the Bruening Foundation, First Federal of Lakewood, Higley Fund, KeyBank Foundation, Murphy Family Foundation, Sisters of Charity Foundation, Ulmer Berne, and United Way of Greater Cleveland: all groups helped underwrite Legal Aid’s housing advocacy over the past year.  Ms. Perry’s case would not be possible without their support.

When Emma Westmoreland’s water broke, she called the ambulance.

“I hear them coming, but I’m like, ‘Oh no! She’s coming!’” Westmoreland said. “Car’Mani was born right there in my apartment.”

Mom and baby were in good health, but the hasty homebirth led to other complications. In the bleary days of newborn motherhood, Westmoreland had trouble securing a birth certificate — a typically seamless process with hospital births.

Unable to recertify her housing subsidy without the birth certificate, Westmoreland faced eviction unless she paid market rate at $822/ month for the modest unit.

“I was so stressed out because I was going to be homeless with my kids,” Westmoreland said, adding that her job readiness coach at OhioGuidestone brought her to Legal Aid, where staff attorney Michael Russell took her case.

Russell felt the urgency of the situation. An eviction from a federally subsidized home could lock a family out of all other federally subsidized housing for up to five years.
“She didn’t have any family to stay with, nowhere to go,” Russell said. “But through the case and through her hard work, she got Car’Mani’s birth certificate, she got her Social Security card, and she beat the eviction.”

With Legal Aid’s help, Westmoreland presented Car’Mani’s documentation to the property manager before her trial. But the company insisted on the eviction unless she paid thousands in unwarranted back rent. In response, Russell filed a trial brief detailing the company’s unlawful efforts to force the family out of their home: failure to send all the required notices, incorrect information on notices they did send, and failure to consider Westmoreland’s unique circumstances.

Seeing the evidence stacked against them, the company dropped the eviction the day of the trial. For Westmoreland, the threat of homelessness disappeared as suddenly as Car’Mani had arrived two years before.

Now that the days of running around to file and refile paperwork have passed, Westmoreland can focus on her daughters—headed to preschool this fall— and on her new job doing special event security with the Cleveland Browns.

“I appreciate everybody who helped me,” Westmoreland said, “because I was doing everything, but it still wasn’t enough. When I finally got through this, I felt so happy and blessed.”

Sheena Waymon had a serious problem with the man who claimed to be her landlord. (Ms. Waymon’s name changed
for client privacy). Less than a year earlier, the single mom moved into her Euclid rental house with her young children. Money was always tight, but she had a job and paid her rent. However, when she requested a three-day extension to make her monthly payment, she received a three-day eviction notice instead.

To compound her problems, the court date was set during her work hours. She faced a choice between skipping work at the job she needed and losing the chance to defend her home.

With no money for an attorney, she turned to The Legal Aid Society of Cleveland, where volunteer Carter Strang, a partner at Tucker Ellis LLP, agreed to represent Ms. Waymon. First, Mr. Strang set to work on the court date’s conflict with
Ms. Waymon’s work schedule.

“I called up the court to get the lay of the land for the hearing,” Mr. Strang explained. He learned that many eviction cases similar to Ms. Waymon’s go uncontested, so the court schedules several back-to-back on the same day. He also learned filing an answer to the complaint would show the case required more consideration, and the hearing would be held before a magistrate judge at a later time.

“We determined our case was more complicated and deserved the attention a magistrate could give it,” Mr. Strang explained. “Having the case referred to a magistrate had the side benefit of avoiding the conflict with her schedule. It was a win-win.”

At the hearing, the man who had been harassing Ms. Waymon for rent revealed he did not actually own the home Ms. Waymon was renting. The owner on the deed was not referenced in the complaint or present at the hearing. When the plaintiff, who was not an attorney, said he was acting as an agent on behalf of the owner, Mr. Strang objected.

Non-lawyers may represent themselves in court, but it is unlawful for them to practice law on behalf of others. The case was dismissed, and Ms. Waymon and her children were able to remain in their home until she found a new place.

Afterwards, Mr. Strang reflected on what he called “a fulfilling and rewarding experience,” in representing his client. “I had such a feeling of satisfaction knowing that the plaintiff couldn’t get away with what he was doing. It certainly made my day.”

Read the full issue of Poetic Justice where this article appears.