Landlord Rights: Pre-Empting State Law?

The relationship between landlords and tenants is governed by a complex interplay of federal, state, and local laws. While federal law takes precedence over state law, and state law generally supersedes local ordinances, the specific rights and obligations of landlords and tenants can vary significantly depending on the jurisdiction. In the United States, the preemption doctrine holds that a higher authority of law will override a lower authority when a conflict arises. This dynamic often comes into play when states or cities attempt to pass tenant protection laws that go beyond what is required by federal law. For example, in Florida, Governor Ron DeSantis signed HB 1417, a controversial piece of legislation that preempted local tenant protection ordinances in 35 counties, including Miami-Dade, Broward, and Orange. This legislation undid the work of local advocates and shifted the power to address tenant needs from local governments to the state, potentially weakening or disregarding the rights and protections previously secured by individual cities and counties. The preemption of local tenant protection laws by state or federal legislation is a significant issue that can impact the balance of power between landlords and tenants, with advocates raising concerns about the erosion of public power and the potential for vulnerable tenants to be left without adequate protections.

Local tenant protection ordinances

In the United States, the preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict. When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. Similarly, state laws will usually prevail when state and local laws are in conflict.

In the context of landlord-tenant relationships, the preemption doctrine can come into play when there is a conflict between state law and local tenant protection ordinances. Local tenant protection ordinances are laws or regulations enacted by a city, county, or other local government to protect the rights of tenants within their jurisdiction. These ordinances can include a variety of provisions, such as rent control measures, anti-discrimination protections, notice requirements for rent increases or lease terminations, and relocation assistance for tenants in the event of eviction.

For example, in San Diego, California, the Tenant Protection Ordinance was introduced to address rising housing instability and concerns over unjust evictions. The ordinance establishes stricter eviction guidelines, requiring just cause for tenant removal, and mandating relocation assistance for no-fault evictions. It also requires landlords to provide proper notices and disclosures to ensure compliance with the law. Similarly, Orange County in Florida passed a fair notice ordinance requiring landlords to give tenants at least 60 days' notice before rent increases exceeding 5%.

However, in some cases, state laws may preempt local tenant protection ordinances. For instance, in Florida, the governor recently signed a controversial piece of legislation preempting local tenant protection ordinances throughout the state. This preemption regulation undid the work of local advocates in 35 cities and counties, including Orange County, and raised fears that tenant protections secured by individual cities and counties may be weakened or disregarded.

To determine whether state law preempts local tenant protection ordinances, courts will typically consider the following types of conflicts:

• Outright conflict: when a local ordinance directly opposes a state law.
• Express preemption: when a state law directly opposes a local power.
• Implied preemption: when the local ordinance prohibits an act permitted by the state legislature, or when a local ordinance permits an act prohibited by the state legislature.

State law vs federal law

In the United States, the preemption doctrine holds that a higher authority of law will override a lower authority of law in the event of a conflict. When state law and federal law conflict, federal law takes precedence and displaces state law, as per the Supremacy Clause of the US Constitution. For example, the Voting Rights Act, an act of Congress, takes precedence over state constitutions, and FDA regulations may supersede state court judgments in cases involving prescription drugs.

However, the relationship between state and local laws is more complex. Generally, state laws will prevail when state and local laws conflict. However, there are exceptions to this, and local ordinances may sometimes preempt state law. For instance, in the case of City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), it was ruled that if significant interests for a particular issue vary from locality to locality, courts will favour the validity of local ordinances over state preemption, unless the state statute expressly forbids the ordinance.

In the context of landlord-tenant relationships, the dynamic between state and federal law, as well as state and local law, is important. While federal law takes precedence over state law, states often have their own laws and regulations regarding landlord-tenant relationships, which may conflict with local ordinances. For example, in Florida, a preemption regulation was signed into law by Governor Ron DeSantis, which undid the work of local advocates in 35 cities and counties, including Orange County, which had passed an ordinance protecting renters against source-of-income discrimination. This shift from local to state authority raised fears among advocates that tenant protections secured by individual cities and counties may be weakened or disregarded, leaving tenants vulnerable.

While states typically have the power to regulate landlord-tenant relationships, local governments may also have their own laws and ordinances in place to protect tenants' rights. However, in certain cases, state law may preempt local law, resulting in a shift of power from local governments to the state, as seen in Florida. This dynamic between state and local laws can be complex, and the specific laws and regulations in place can vary from state to state.

State law vs local law

In the United States, federal law is at the top of the hierarchy, followed by state laws, and then local laws. Federal laws apply to the entire country, while state laws only apply in the state in which they are passed. Local laws, also called ordinances, are made by a city, town, or county and apply to citizens, residents, or visitors of that particular locality.

While states are not allowed to ignore federal laws, there are instances where state law can preempt local law. The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict. For example, when state law and federal law conflict, federal law takes precedence and preempts state law. Similarly, state laws will usually prevail when state and local laws are in conflict.

There are three types of conflicts regarding preemption: outright conflict, express preemption, and implied preemption. Outright conflict occurs when an ordinance directly opposes a state law. Express preemption happens when a state law directly opposes a local power. Implied preemption is the most controversial type as it may be significantly harder to prevent than the other two types. It occurs when one of the following happens: the local ordinance prohibits an act permitted by the state legislature, the local ordinance permits an act prohibited by the state legislature, or there is clear legislative intent that the "field" is preempted by state law. The "field" refers to an area with extensive state regulation, reflecting a state intent to preempt all local regulations in that particular area.

In the context of landlord-tenant relationships, state laws may preempt local tenant protection ordinances. For example, in Florida, Governor Ron DeSantis signed HB 1417, a controversial piece of legislation that preempted local tenant protection ordinances in 35 cities and counties. This legislation undid the work of local advocates and shifted the power to address tenant needs from local governments to the state. Similarly, most states ban cities and towns from passing their own rent control laws, giving landlords more freedom to raise rents. However, it's important to note that every state regulates rental increases in some way, and landlords may be liable if a rent increase isn't in strict compliance with the law.

Exceptions to the law

In the United States, the preemption doctrine refers to the idea that a higher authority of law will override a lower authority of law when the two conflict. When state law and federal law conflict, federal law supersedes state law. Similarly, state laws usually prevail when state and local laws are in conflict.

There are three types of conflicts regarding preemption:

• Outright conflict: When an ordinance directly opposes a state law.
• Express preemption: When a state law directly opposes a local power.
• Implied preemption: This occurs when:

• A local ordinance prohibits an act permitted by the state legislature.
• A local ordinance permits an act prohibited by the state legislature.
• There is clear legislative intent that the "field" is preempted by state law.

Local Ordinances

Local ordinances will typically preempt state law. According to City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), if significant interests for a particular issue vary from locality to locality, courts will presume that they should favor the validity of the local ordinances against state preemption, unless the state statute expressly forbids the ordinance.

Fair Housing

The Federal Fair Housing Act prohibits discriminatory rent increases due to race, color, national origin, religion, familial status, sex, or disability. State and local laws may protect additional groups of people from discrimination. For example, in Orange County, Florida, an ordinance provided anti-discrimination protections that were not guaranteed by state law prior to the passing of the preemption legislation. This ordinance protected renters against source-of-income discrimination, which disproportionately affects low-income households, people of color, women, and people with disabilities.

Rent Increases

Most states allow landlords to include language in the lease agreement that permits rent increases during the lease term with the tenant's consent. However, state or local law may limit the frequency of rent increases. These regulations sometimes have exceptions that allow landlords to increase rent for valid reasons like property improvements or increased operating costs, even if the timing violates the law.

Landlord-tenant relationship

The landlord-tenant relationship is governed by a variety of laws and regulations that vary depending on the location. In the United States, the relationship is subject to both state and federal laws, with federal law taking precedence in the event of a conflict between the two, as per the preemption doctrine.

At the federal level, the Fair Housing Act prohibits discriminatory rent increases based on race, colour, national origin, religion, familial status, sex, or disability. This means that landlords cannot apply greater rent increases to tenants because they fall under one of these protected categories. Additionally, most states have laws that prevent landlords from increasing rent in retaliation after tenants perform specific actions protected by law. For example, state law in Alabama prohibits retaliatory rent increases after a tenant files a complaint or joins a tenant union.

State laws also play a significant role in regulating the landlord-tenant relationship. While most states do not have rent control laws that limit the frequency or amount of rent increases, they often have other regulations in place. For instance, many states allow landlords to include language in the lease agreement that permits rent increases during the lease term with the tenant's consent. Additionally, most states have a minimum notice period before a landlord may increase the rent, typically 30 or 60 days.

However, the specific dynamics of the landlord-tenant relationship can vary significantly from state to state. For example, in Florida, the relationship is described as "particularly one-sided," with landlords holding most of the power. On the other hand, some counties in Florida, such as Orange County, have passed additional tenant protection ordinances, such as protections against source-of-income discrimination and fair notice requirements for rent hikes. These local ordinances can provide tenants with greater rights and protections than those afforded by state law alone.

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