Hoarding in Rental Units: How to Address Habitability Without Violating Tenant Rights

Hoarding disorder can present serious challenges in rental housing, but it must be approached thoughtfully and legally. This article provides guidance for housing providers on recognizing habitability risks caused by hoarding, documenting conditions, and responding in a way that respects tenant privacy and complies with Fair Housing protections.

What Is Hoarding?
Hoarding is more than clutter. It is a recognized mental health condition in which a person collects and retains excessive amounts of items, often to the point that it interferes with the normal use of living spaces. Hoarding may constitute a disability under Fair Housing laws, meaning landlords must handle these cases carefully.

Recognizing the Red Flags
Hoarding may not be immediately apparent, especially if a tenant keeps to themselves. However, housing providers should take note if they observe:

• Obstructed pathways or blocked exits

• Unusual odors or pest infestations

• Accumulated food waste or soiled items

• Fire hazards, such as paper stacked near heat sources

• Reports from neighbors about smells, bugs, or safety concerns

Why It Matters: Habitability & Safety
Even if a tenant's conduct causes the issue, the landlord remains responsible for ensuring the property meets habitability standards under California Civil Code §1941.

 A hoarded unit may:

• Violate health and safety codes

• Increase fire risk

• Invite vermin or mold

• Affect neighboring units or common areas

In Berkeley, all rental housing providers are required to conduct an annual Rental Housing Safety Program (RHSP) inspection and self-certify compliance using the City's Schedule A checklist. While the RHSP does not specifically reference hoarding, excessive accumulation of items may interfere with several required safety conditions, such as ensuring clear exits, functioning smoke detectors, and safe heating equipment. However, housing providers should not list 'hoarding' or similar conditions on the Schedule A form. The RHSP is not submitted to the City unless the inspection cannot be completed. The form was intentionally designed to avoid creating liability for owners in these situations. If you cannot complete the inspection due to access or visibility issues, consult with legal counsel before taking further action.

Step 1: Document the Conditions
Before taking any action, carefully document the habitability concerns:

• Take photos (if entry is lawful and recent)

• Write a detailed log of observations and dates

• Retain any complaints from neighbors or service providers

Step 2: Communicate in Writing
Avoid judgmental language. Instead, send a letter focusing on observed conditions that may violate the lease or local codes:

"During a [routine inspection, or RHSP Inpection] on [date], we observed several blocked exits and an accumulation of materials that may not only create a fire hazard, but also hinder emergency access or cause structural damage. In addition to posing serious health and safety risks, these conditions appear to violate your lease requirement to maintain the unit in a clean and sanitary condition. As your housing provider, we are required to ensure the premises remain safe and habitable. Please contact us so we can work together to address these concerns."

Step 3: Consider Reasonable Accommodations
Hoarding is recognized as a mental disability under Fair Housing law. If a tenant discloses a disability, or if the hoarding condition itself suggests a known or perceived disability, you may be obligated to provide a reasonable accommodation, such as:

• Allowing additional time to correct the issue

• Agreeing to a staged cleanup plan

• Referring the tenant to community resources or social services for support

• Providing a dumpster on-site to assist with cleanup, if appropriate and reasonable. Some attorneys recommend this approach in extreme cases.

It’s important to note that while landlords are not required to tolerate ongoing health and safety risks, hoarding-based evictions can be complicated and are rarely successful unless all other efforts at accommodation and correction have failed. Legal counsel is strongly recommended before pursuing enforcement through the courts.

Step 4: Addressing Hoarding in Common Areas Hoarding behavior that spills into shared spaces—such as hallways, stairwells, laundry rooms, or garages—can create significant fire and safety risks and violate lease provisions prohibiting storage in common areas. These issues must be addressed separately from the interior unit.

Landlords may enforce "no storage" clauses by issuing written warnings specifying:

• The items observed and their exact location

• The lease or house rule being violated

• A clear deadline by which the items must be removed

Depending on the nature and severity of the violation, housing providers may serve either a 3-Day Notice to Perform Covenants or Conditions (if the lease or house rules clearly prohibit the conduct) or a 7-Day Cease and Desist Notice to formally demand that the tenant remove stored items from common areas. Both notices serve as essential documentation steps and establish a record of noncompliance if the behavior continues.

If the tenant fails to comply, landlords may take reasonable steps to remove the items, such as hauling them away, provided advance notice is given and a record of the warning and condition is kept. Consult an attorney before disposing of personal property to ensure compliance with local and state law.

Step 5: Seek Support, But Avoid Code Enforcement When Possible. While extreme hoarding cases may tempt landlords to call code enforcement, doing so often results in formal violations that hold the owner liable. This approach can backfire and should be a last resort. Instead:

• Work with the tenant directly and respectfully

• Consider consulting with an attorney before escalating

• Contact a professional cleaning company experienced with hoarded units, if needed

Important: Avoid Discrimination. Never take action based on the tenant's mental health status alone. Focus on health and safety violations, not the behavior itself. Maintain documentation and treat all tenants consistently.

Conclusion: Dealing with hoarding in rental units is complex, but housing providers have a duty to maintain safe living conditions while respecting tenant rights. With thoughtful communication, reasonable accommodations, and a documented approach, it is possible to address these issues legally and humanely.

This article is intended as general guidance and not legal advice. For case-specific questions, BPOA members should contact the office directly.