A Victim of Domestic Violence a "Nuisance" to Society? : How Chronic Nuisance Ordinances in Municipalities Impact Victims of Domestic Violence

Title: 
A Victim of Domestic Violence a "Nuisance" to Society? : How Chronic Nuisance Ordinances in Municipalities Impact Victims of Domestic Violence
Title of Journal: 
Journal Citation: 
39(2) WOMEN'S RIGHTS LAW REPORTER, 146-171 (2018)

This article explores the impact of nuisance law on victims of domestic violence and examines the rationale behind public nuisance laws in the U.S. where nuisance offences include four or more calls for police service “even if the tenant called to report and deter her attacker, or was the victim of criminal conduct”. Landlords can pursue evictions on this basis and municipalities can penalize landlords if they fail to pursue. As a result, many landlords evict these tenants, refuse to renew their lease or tell tenants to refrain from calling 9-1-1. Although the Department of Housing and Urban Development planned to release new guidelines for victims of harassment and fair housing claims, the author argues that broad guidelines will be ineffective because of biases in law enforcement and that the Trump administration’s spending cuts will undermine current protections for these victims. Finally, the author advocates for clear exceptions to protect these victims or an abolition to these nuisance offences.