A nuisance ordinance, also referred to as a crime-free ordinance or a disorderly house ordinance, is a local law usually passed on the town, city, or municipality level of government that aims to legally punish both landlords and tenants for crimes that occur on a property or in a neighborhood. These laws impose penalties under programs referred to as nuisance abatement when crimes are reported, regardless of whether crimes actually occurred or what the police action entailed. The result of these ordinances is for landlords to tell tenants to not report crimes, refuse to renew the lease of anyone involved in reporting a crime, and eviction of tenants involved in any crimes, even if the tenants were the victims of said crimes.
According to the American Civil Liberties Union (ACLU), while supporters of these ordinances argue that they prevent criminal activities in the areas under the ordinances, the actual result is instead a reduction in overall public safety and harm brought to victims of crime, particularly those suffering from domestic abuse, that are deterred from reporting the criminal activity committed against them. These ordinances have also been found to be disproportionately applied to people of color and communities that have a high minority population in general.
Definitions
The original nuisance ordinances were derived from the common law system, where local governments employed prosecutions against individual citizens under the guise of the actions of said individuals hampering the "right common to the general public". These were then established into law with the creation of the legal term of nuisance. Later laws in the late 20th and into the 21st century would expand upon these laws for any desired usage of criminalizing activities by placing it under the same title of nuisance as a catch-all term. Because of this, what falls under the definition of nuisance is unclear within the legal system of any country with such a legal term and can be applied to multiple unrelated actions. However, these laws are always tried in criminal court and not civil court, making nuisance ordinance violations always a criminal act.
A variation of these ordinances are referred to legally as chronic nuisance ordinances, which are functionally identical to nuisance ordinances but allow a vague leeway of multiple "nuisance" charges being required before eviction is enacted. How many times are allowed varies between municipalities, along with whether they are applied to only rental properties or residential homes as well. Some versions of these ordinances also have a "buffer zone" determined around a residence that is considered a part of the property as well and any crimes committed within the bounds of that zone, even if the rental or home owner was uninvolved in the criminal incident, are used as a penalty against the owner.
History
The laws for nuisance doctrines (or what was referred to as the "doctrine of private nuisance") were first recorded in England during the Middle Ages and were exclusively used to refer to someone who interfered with the owner of a piece of land from utilizing that land. Changes to the laws were made in the 13th and 14th centuries to also apply to any interference with land owned by the King of England, which included most public roads and other areas. Violations of these public locations were eventually made into a separate set of laws dubbed the "doctrine of public nuisance", with the only difference legally being whether a private citizen or the government is the prosecuting party.
The expansion of nuisance doctrines to include violations of anything deemed against the public order occurred over the following centuries, with the 18th century on seeing them applied commonly to prevent practices such as the sale of alcohol and prostitution. But modern implementations of the ordinances in the late 20th and 21st centuries have returned to the original subject of misuse of property, particularly under the type of housing that is leased. The current implementation of the ordinances first began being passed in the 1980s as a method to deter crimes involving the drug trade in various major cities. A federal United States law was first passed in 1986 as a part of the Anti-Drug Abuse Act of 1986 and was given the nickname of the "crackhouse statute" and which made landlords criminally liable if they rented housing units to anyone they knowingly understood to be trafficking in or using illegal drugs. This led to the first nuisance ordinance under the modern usage being passed in 1987 in Portland, Oregon, as a method to evict all of the tenants in claimed drug houses.