On first glance, Senate Bill No.2328 sounds all very fine.  True victims of domestic violence do face unfortunate circumstances. The government helps them. Charity organizations help them. But should private landlords be required to help them beyond what they would do for other tenants? Most definitely not.

S.2328 would create a unique new discrimination category, with precedent-setting consequences. For every existing non-discrimination category (race, creed, color, national origin, disability, age, sex, marital status, sexual orientation, etc.), all a small property owner must do is treat the person in the protected category in every way the same as any other tenant. For the proposed new category of “victim of domestic violence,” however, S.2328 would establish special housing rights and privileges that would be granted to persons in this category that are not granted to any other tenants.

These proposed new rights and privileges for victims of domestic violence would include:

1)      being able to break a lease without any further obligation and getting an immediate refund on all prepaid rent and security deposit,

2)      not being evicted by their present landlord because of any troublesome acts or events, such as excessive noise or property damage related to their status as a victim of domestic violence,

3)      being rented to by any new landlord regardless of such a troublesome history in the past, and

4)      other similar privileges.

Moreover, these rights and privileges are obtained far too simply: by the person self-defining herself as a “victim of domestic violence” and reporting so to just one other person from a broad range of possible third parties including a police officer, court clerk or domestic violence advocate.

When you think about how this bill would work as law, it is truly unworkable, especially for small property owners. Losing tenants suddenly in the off-season will cause months of lost rent, a major hardship for a small owner. Having to keep or being required to rent to problem tenants will drive out good tenants. Making mistakes in following the complex rules for treating persons who claim to be victims will cost small owners dearly in discrimination lawsuits.

If we must take in and keep people who make excessive noise, damage property, or have stalkers, then we would have to start dealing with their special problems. But we are not trained to do so. We cannot be policemen or social workers or provide specialized “safe houses” for these persons. We are housing providers to the general public.

If made law, this bill would drive many small owners out of business and encourage large owners, including nonprofit groups, to take over the rental housing market. At the same time, this bill would not address any high priority needs of victims of domestic violence.