Hoarder Properties and Receivership: Laws and Regulations that Govern Remediation

Hoarding, a condition characterized by excessive accumulation of items and difficulty discarding possessions, presents significant challenges for landlords, city officials, and legal professionals. Understanding receivership in California and the overall legal framework governing a hoarder property is essential for effectively managing and mitigating the impact of this condition, as well as viewing the situation holistically to create lasting change.

This blog explores key federal, state, and local laws relevant to hoarding, with a particular focus on California.

Federal Fair Housing Act and Hoarding

The Federal Fair Housing Act (FHA) plays a critical role in addressing issues related to hoarding. Under the FHA:

• Hoarding Disorder as a Disability: Hoarding disorder is recognized as a disability. This classification protects individuals with hoarding disorder, ensuring they are not unfairly denied housing or evicted solely based on their condition.
• Reasonable Accommodations: The FHA mandates that landlords make reasonable accommodations for tenants with disabilities, including those with hoarding disorder.

However, while the FHA offers protection, there are still some limitations to what it can cover when it comes to hoarding:

• Compliance with Health and Safety Standards: Tenants are not exempt from complying with general health and safety standards.
• Addressing Severe Issues: If a tenant’s hoarding leads to severe health or safety issues, such as unsanitary living conditions or structural damage, landlords may have grounds to address these concerns under local laws.

The balance between accommodating a tenant's disability and ensuring a safe living environment is a delicate one and requires careful consideration of both federal and local regulations.

State and Local Hoarding Laws

In California, the approach to managing hoarding situations is influenced by a combination of state and local regulations. While the FHA provides a baseline for tenant protections, state and local laws offer additional frameworks for addressing issues that arise from hoarding.

State Regulations

California's legal framework includes specific codes that address public health and safety concerns related to a hoarder property. For instance, the state has established regulations to ensure that properties are maintained in a manner that does not pose risks to public health. These regulations may come into play if hoarding leads to conditions that violate state health and safety standards such as: 

• Fire Hazards
• Structural Integrity
• Sanitation and Cleanliness
• Pest Infestations
• Inadequate Ventilation
• Access to Utilities
• Public Health Risks

Local Ordinances

Local ordinances in California can provide additional tools for managing hoarding situations. Cities and counties may have specific nuisance ordinances that address issues related to hoarding. These ordinances often focus on maintaining public health and safety, requiring property owners to address unsanitary or hazardous conditions that result from hoarding.

Nuisance Ordinances in California

California Penal Codes 372 and 373a PC specifically address public nuisances, including those resulting from hoarding.

Penal Code 372:

• Definition: This code section makes it illegal to create or maintain a public nuisance.
• Hoarding Context: In the context of hoarding, this could mean that a property owner or tenant could face legal action if their hoarding results in conditions deemed hazardous to the public.

Penal Code 373a:

• Definition: This code section addresses the failure to remove a public nuisance.
• Hoarding Context: If a property affected by hoarding is not addressed in a timely manner, a basis for legal action may exist to compel the removal of hazardous conditions.

These nuisance ordinances are critical for managing hoarding cases that impact the broader community and maintain the well-being of those in the community.

While the Fair Housing Act (FHA) offers a foundational level of tenant protection, additional layers of state and local laws provide a more comprehensive framework for handling the multifaceted issues that arise from hoarding. These regulations are designed to protect public health and safety by ensuring that properties do not pose risks to the community, thereby maintaining the well-being of everyone involved.

Animal Control Regulations

Animal hoarding is often associated with neglect and inadequate care, which are serious offenses under California law.

Animal Cruelty Laws

Under Section 597t of the California Penal Code, hoarding animals is considered a violation of animal cruelty laws. This statute prohibits the hoarding of animals in conditions that result in neglect and suffering. The penalties for violating this law are severe including:

• Fines of up to $20,000
• Imprisonment for up to one year, or both a fine and imprisonment

Additionally, felony convictions related to animal hoarding can lead to the forfeiture of gun ownership rights. This reflects the serious nature of animal cruelty offenses and underscores California’s commitment to enforcing animal welfare standards.

Where Does Receivership Come In?

Receivership in California is often employed in legal cases involving a hoarder property, in which a court appoints a receiver that it designates as a neutral third party to take control of the property and manage its cleanup and maintenance. This receiver is responsible for assessing the property, coordinating necessary repairs or sanitation, and ensuring compliance with health and safety regulations.

The goal is to mitigate the immediate hazards associated with hoarding while allowing the property owner to retain some involvement in the process. The receiver acts in the best interest of both the property and the broader community, ensuring that the property is restored to a condition that meets legal and safety standards.

Griswold Law – A Trusted Court-Appointed Receiver

Navigating hoarding-related laws requires a deep understanding of both federal protections and local regulations. The Federal Fair Housing Act protects individuals with hoarding disorders, while nuisance ordinances, animal cruelty laws, and receivership in California address health, safety, and legal issues.

For more information, download our Hoarding Whitepaper for detailed insights and practical guidance on managing these cases.