The Problems of Anti-Social Behavior Perpetrated by Neighbors - Essay Example

Housing Laws Table of Contents Chapter Page No 0 Introduction 02. 2.0 Anti-Social Behavior and its Consequence 03. 3.0 Tenancy Lease Agreement 05 4.0 Tenancy Laws 08 5.0 Legal Remedies 10 6.0 Legal 12 7.0 Bibliography 13 8.0 Appendix 13 1.0 Introduction There are different legal remedies that can be taken by tenants to address the problems of anti-social behavior perpetrated by neighbors. There are advantages and disadvantages, criticisms and housing management implications to these remedies. This paper takes an in-depth look at these traits and suggests the best possible remedy to curb such activities. Anti-social behavior can be of many things. We mainly associate this term with noisy neighbors, or people who use abusive and threatening language, or those who run their premises in illegal activities, such as prostitution. A menace to society, anti-social behavior in society is increasing at an alarming rate. Tackling both anti-social behavior and the causes of it has become a priority for the Government, Housing Corporation, RSL, and Local Authorities. Communities are demanding more effective ways to deal with this disease. "The Housing Corporation in its publication, "Themes from Inspection - Anti-Social Behavior" (June 2003) states: "Potential perpetrators must understand the consequences of anti-social behavior including the possible loss of their home, and realize that the association will take a tough line on unacceptable conduct". Property developers therefore have developed effective policies and procedures for tackling antisocial behavior in the areas in which it operates and we will work in partnership with residents and relevant agencies to ensure, as far as possible, that residents take responsibility for their actions and behave in a way which does not harass or intimidate others". 2.0 Anti-Social Behavior and its Consequence "Anti-social behavior can have different meaning for different people. It could be just those noisy neighbors who have fun at others expense and ruin the lives of those around them, it could be those 'crack houses' run by drug dealers, the so-called drunken 'yobs' taking over town centers, or those numerous unemployed junkie people begging by cash points, abandoned cars, litter and graffiti, young people using air guns to threaten and intimidate or people using fireworks as weapons", said David Blunkett, Home Secretary, in March 2003. Anti-Social Behavior - Statement of Policy, Cathy Jackson: H:My DocumentsPolicies & ProceduresASBFinal Statement of ASB Policy- Dec 2004.doc) To substantiate the Home Secretary's statement and policy, and to provide clarification to staff and residents, most property developers have brought the following actions under anti-social behavior: Use of threatening or offensive language Offensive drunkenness Using a property or any of the communal areas on a scheme for immoral or Illegal purposes, such as prostitution, or illegal manufacture, sale or use of drugs Excessive domestic noise, whether from radios, televisions, hi-fis, musical instruments, social activity, daytime or late night parties or gatherings The lighting of bonfires in the garden of a property or in any of the communal areas on a scheme The depositing of litter or rubbish either in the garden of a property or in any of the communal areas on a development or estate owned or managed by Accord Failure to control the behavior of pets including taking adequate precautions to prevent the fouling of neighboring areas The playing of ball games sufficiently close to neighboring homes so as to cause a nuisance or damage to Accord's property including boundary fences, trees and shrubs The carrying out of maintenance or repairs to motor vehicles other than those normally used for domestic purposes by the resident or members of their household Using threatening or aggressive behavior towards visitors. Physical Violence Harassment in any form, like due to a person's disability, age, lifestyle, gender, sexual orientation and so on. Hate behavior and crime that targets members of identified groups because of their perceived differences In the event of an individual, group, or party being found entertaining such actions in their precinct, action will be initiated in accordance to the line or degree of anti social behavior. The guilty will be dealt with a strong hand. A dilemma in American life has been how to balance individual needs with the needs of society. How should one reconcile the rights of an individual and those of the public The democratic setup in U.S gives an individual the freedom of expression, movement, speech, and right. It is against this backdrop that the statement made by David Blunkett assumes significance. What are the legal remedies that can be taken by tenants to address the problems of anti-social behavior perpetrated by neighbors Before proceeding with the subject, it would be justifiable to have a look at what a tenancy agreement and tenancy laws looks like. 3.0 Tenancy Lease Agreement All leases and tenancy agreements contain clauses relating to nuisance. It is explicit within the Tenancy agreements what standards of behavior are envisaged by people. Tenancy Agreements contain clear unequivocal clauses which specifically state that tenants, their families and visitors must not cause nuisance to their neighbors either directly or indirectly. Any individual who owns a commercial or private property and agrees to rent or lease it to others is a landlord. An apartment complex or rental house may have a 'hands-on' type of landlord, but leasers of retail stores, office complexes, factories and other commercial buildings also pay regular rent to a landlord. He/she will have to bear the responsibility for their property. In the event of a lease, the landlord should take extra care to see that the tenant is a responsible and credible citizen. Federal laws prohibit a landlord from rejecting an applicant based on race, religion, country of origin and other protected factors, but he or she can still probe the bonafide status of their potential tenant before leasing the property. A landlord is also entitled to ask for a security deposit as protection against unforeseen damages. The covenant normally features the following: The amount of the rent to be paid, The due date for payment, Tenant's expected conduct, Responsibilities of the landlord, and Lease period. The landlord is responsible for repairs to the structure, appliance, and furnishing available in the premises at the time of lease, provided the repairs on account of wear and tear. Certain landlords even give in to certain utility expenses, such as water and garbage pickup. Tenancy laws vary from one state to another and it is in the best interest of the tenant to understand the law of the prevailing state. There are two common types of lease agreements, a periodic lease agreement and a fixed lease agreement. The general terms and conditions of both these lease agreements are similar. The difference lies in the duration of occupancy. Periodic Lease Agreement True to its name, a periodic lease agreement is one that is indefinite. In other words, there is no fixed duration for the lease and it is assumed that the tenant leases the premises for a long period of time. Such a lease typically grants the tenant the legal right to occupy the dwelling for an undefined period of time. The tenant retains this right until the lease agreement has been lawfully terminated. In most cases a periodic lease agreement can be terminated at any time by either the tenant or the landlord. In most cases the agreement calls for a notice to be given before the contract is actually terminated. For instance, if you are a party in a periodic lease agreement and desire to move to a new location then your contract will likely require that you give your landlord a 60 or 90 day notice before leaving. Fixed Lease Agreement "On the other hand a fixed lease agreement contains a definite timeframe for occupancy. That is to say the length of the lease is for fixed time period. A fixed lease agreement for apartments typically features a 3, 6, or 12 month lease period. If you signed a 12 month fixed lease agreement then you would have a legal right to the apartment for the 12 month period defined in the contract in addition to the legal responsibility to provide payment during this period". (By Adam Smith, Law, Tenant, Apartments, Lease Agreements, http://www.landlordtenanthelponline.org/2006/01/17/understanding-the-lease-agreement/) "Beyond understanding the length of one's lease agreement, it is also important to understand the lease options written into the agreement. Besides the lease, the agreement will have options showing, the size of the apartment being rented, and other key features of the leased place. Most importantly, go through the agreement from the top to the bottom. It could be embarrassing to see something unusual coming up in the event of a problem later on. Read the lease agreement and have all the doubts cleared before signing on the dotted lines. Have a firm grasp of what you are agreeing to before you enter into this legal and binding contract". (Adam Smith, short term housing, One Minute Millionaire, http://www.landlordtenanthelponline.org/2006/01/17/understanding-the-lease-agreement/) 4.0 Tenancy Laws Most commonly, a landlord must give 24 hours notice before entering a rented space. This allows tenants enough time to correct any potential lease violations or privacy issues before a landlord arrives. If an emergency arises, however, a landlord may enter the premises unannounced to make a repair. A landlord can also enter an apartment to show it to potential tenants if the present renter has elected to move out. A landlord cannot evict a tenant unless he or she has gone to court and proved that the tenant did something wrong that justifies ending the tenancy. "Also the landlord can't proceed with an eviction lawsuit without terminating the tenancy first. This usually means giving the tenant adequate time through a written notice, in a specified way and form. If the tenant doesn't move a petition after proper notice, the landlord can file a lawsuit to evict the tenant. State laws set out very detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered ("served"). Landlords must follow state rules and procedures in a proper manner". "If in the event of the tenant being asked to appear in court, the tenant can fight for justice by providing evidence against the landlord for shoddy paperwork or his indifference in attending to his (tenant's) grievance. Other ways of showing the case is by showing the uninhabitable condition of the rental property, or by his acts of retaliation for insisting on repairs. These may help tilt the verdict in the tenant's favor. In the event of the landlord winning the eviction lawsuit, he or she can't just move the tenant and his things out onto the sidewalk. The landlord must give the court judgment to a local law enforcement officer, along with a fee. The sheriff or marshal will give the tenant a notice that the officer will be back within a few days to escort you off the property". (Law, Tenant FAQ, Eviction, http://www.landlordtenanthelponline.org/2005/11/01/your-behind-on-your-rent-can-the-landlord-just-lock-you-out/) 5.0 Legal Remedies The following are few things that you as a tenant can do in the event of being a witness or target of anti-social elements. "The National Policing Plan 2003-2006 requires chief officers and police authorities to make best use of all the available tools for tackling anti-social behavior in partnership with key agencies which includes RSL. Applying for ASBO, drawing up ABCs, and issuing fixed penalty notices are part of the exercise. Seizing vehicles being used in a manner causing alarm, taking action against badly run pubs and clubs, and tackling drug related crime complete the scheme" (Cathy Jackson,Tackling anti-social behavior in mixed tenure areas, Statement of Policy on Anti-Social Behavior, Chapter 5.0, page 6, Cathy Jackson: H:My DocumentsPolicies & ProceduresASBFinal Statement of ASB Policy- Dec 2004.doc) When investigating complaints of anti-social behavior, the suspect can at any point of time become restless, aggressive, and even violent. Staff security is tantamount to any investigating agency, and this is evident in the necessary precautions taken by the interviewer at the time of the interview. The interviewer will also see that no body harm is self-inflicted by the suspect during the interview. Confidentiality is of utmost importance. There could be a spill-over of the situation if the informer is revealed during the course of the interview. All agencies maintain discipline and will vouch for secrecy. If a leak results in a grave situation for the informer the whole practice is lost. Therefore, confidentiality will be maintained at all cost. However, at times complainants will be informed of disclosure of self identity to the local Police, other RSL and Local Authorities through Safer Estates Agreements and Crime and Disorder Reduction Partnerships. They will also be advised that identities may have to be revealed if legal action is pursued. All information sharing will comply with the provisions of the Data Protection Act 1998 The Advantages: This saves the tenant the time and energy of running from poll to post in search of officials to prosecute the offender. Also, the concerned agencies will help maintain the tenant's identity and activities. Confidentiality is maintained at all cost. The tenant is rewarded for his part in curbing this public nuisance by informing the police. Training and equipments are offered to help check violence. A landlord must give 24 hours notice before entering a rented space. A landlord cannot evict a tenant unless he or she has gone to court and proved that the tenant did something wrong that justifies ending the tenancy. The Disadvantages There is the likelihood of the offender being freed after a warning. If the identity of the tenant is revealed, he can become an easy target. Frequent trips to the police station and other investigating agencies could lead to curious glares and probes. Unnecessary questions could be asked leading to stress and tension. Though confidentiality is maintained at most times, under an agreement with Safer Estates Agreements and Crime and Disorder Reduction Partnerships, the tenant's identity will have to be disclosed. This could have an agonizing effect on the tenant. In an emergency a landlord may enter the premises unannounced to make a repair. 6.0 Legal "Section 218A of The Housing Act 1996 as inserted by section 12 of the Anti-social Behavior Act 2003 strengthened RSL powers to deal with anti-social behavior perpetrated by tenants. Other legislation such as the Crime and Disorder Act 1998, Protection from Harassment Act 1997, the Noise Act 1996 and the Environmental Protection Act 1990 provide powers for dealing with anti-social behavior and nuisance which can be used separately or in conjunction with the Housing Act 1996. The Police Reform Act 2002 extended the power to apply for anti-social behavior orders (ASBO) to RSL whereas previously this power was only available to Local Authorities and the Police. The most comprehensive piece of legislation specifically introduced to tackle antisocial behavior is the Anti-social Behavior Act 2003. Part 2 of the Act applies to social housing and extends RSL powers to tackle ASB both in their own properties and in local communities, particularly in relation to the use of injunctions and demoted tenancies." (Legal Framework, Chapter 9.0, Page 9, . Cathy Jackson: H:My DocumentsPolicies & ProceduresASBFinal Statement of ASB Policy- Dec 2004.doc) 7.0 Bibliography Cathy Jackson, Tackling anti-social behavior in mixed tenure areas, Statement of Policy on Anti-Social Behavior, Chapter 5.0, page 6, Cathy Jackson: H:My DocumentsPolicies & ProceduresASBFinal Statement of ASB Policy- Dec 2004.doc 8.0 Appendix Cathy Jackson: H:My DocumentsPolicies & ProceduresASBFinalStatement of ASB Policy-Dec 2004.doc Adam Smith, Law, Tenant, Apartments, Lease Agreements, http://www.landlordtenanthelponline.org/2006/01/17/understanding-the-lease-agreement/ Adam Smith, short term housing, One Minute Millionaire, http://www.landlordtenanthelponline.org/2006/01/17/understanding-the-lease-agreement/ Law, Tenant FAQ, Eviction, http://www.landlordtenanthelponline.org/2005/11/01/your-behind-on-your-rent-can-the-landlord-just-lock-you-out/ Read More