Also known as: housing codes · housing ordinance
Written by attorneys · grounded in primary & secondary sources — see below
A regulatory standard imposed by local ordinance that sets minimum requirements for the health, safety, and habitability of residential property.
Hector Hernandez leased a house to Hunter Hughes. The roof leaked during storms and the electrical panel sparked, both in violation of the local housing code. Hector received repeated complaints but performed only cosmetic patches. When a storm caused a fire that injured Hunter's child, the code violation established Hector's failure to exercise reasonable care.
A school principal searched a student's purse after receiving a tip about cigarettes. The search was upheld under a reasonableness standard that balanced student privacy against school needs. The opinion contrasted this with housing code inspections, which involve less personal intrusion and therefore require warrants even when aimed at safety compliance.
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Hannah Hale lived with her grandson and two great-grandchildren in a single-family zone. The city housing code defined family narrowly and threatened prosecution. The Court struck down the ordinance because it interfered with protected family living arrangements without sufficient justification.
Harriet Hamilton refused entry to a housing code inspector who lacked a warrant. The city prosecuted her under an ordinance authorizing warrantless inspections. The Court held that the Fourth Amendment requires a warrant for such administrative searches of a private residence.
Hyun Han operated a group home for recovering addicts in a single-family zone. The city housing code limited occupancy to unrelated persons. The Court held that the code's definition of family could not exclude the group home under the Fair Housing Act.
Hakeem Harris rented an apartment with known electrical and plumbing violations. The housing code required safe wiring and working fixtures. After a tenant was injured, the court held the lease unenforceable because the landlord had violated the code at the outset of the tenancy.
No. Compliance supplies evidence of due care but does not automatically bar a negligence claim. A landlord may still be liable if a reasonable person would have taken additional precautions beyond the code minimum under the circumstances.
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Yes. When a landlord breaches a housing code duty to repair a dangerous condition, the duty extends to guests on the premises with the tenant's consent. The guest may recover if the violation caused the injury.
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Yes. Courts may announce rules that define reasonable care for recurring situations such as façade inspections. A recent appellate decision can therefore establish a duty even when the local housing code is silent.
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An attorney must recognize that code compliance sets only a floor. When circumstances such as increased crime indicate that additional measures are reasonable, the attorney who advises only that the code has been met may commit malpractice.
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…J., joined. White, J., filed a dissenting opinion. Syllabus This case presents the question whether East Cleveland’s housing ordinance, which prohibits a grandmother from living in the same dwelling with her grandson, violates the Due Process Clause of the Fourteenth Amendment. Appellant, Mrs. Inez Moore, lives in her…