The Akron Legal News

Damaging a rented home would become a criminal offense under proposal

KEITH ARNOLD
Special to the Legal News
Published: December 5, 2017

Criminals who purposefully wreck the rented home in which they live could be charged criminally for the offense if House Bill 282 clears the Ohio Legislature and makes it to Gov. John Kasich's desk.

Up to now, according to the bill's sponsor, Rep. Steve Hambley, R-Brunswick, landlords have relied on filing civil claims against such tenants.

"All too often ... the civil claim process not only proves inadequate to compensate a landlord for intentional destruction of private rental property, but it serves as virtually no deterrent to future transgression against subsequent landlords," the lawmaker said during sponsor testimony before members of the House Financial Institutions, Housing and Urban Development Committee. "I would suggest that we consider the fundamental differences between civil and criminal proceedings.

"Civil law protects the individual and the civil process is used for the main purpose of obtaining compensation for injury (while) criminal law and proceedings' main purposes are to enforce the standards of conduct necessary to protect society and to satisfy the demands for retribution, rehabilitation and deterrence."

HB 282 would expressly prohibit criminal mischief relating to residential rental property.

The Ohio Legislative Service Commission's analysis of HB 282 considered Ohio's offense of criminal mischief, which, in part, prohibits a person without privilege to knowingly move, deface, damage, destroy, or otherwise improperly tamper with either the property of another or one's own residential property with the purpose to decrease the value or enjoyment of the property, if that property is subject to a mortgage and a pending foreclosure action.

"The bill expressly includes residential rental property rented by a person that commits criminal mischief within the meaning of property of another," commission analyst Carla Napolitano wrote. "The bill specifies that the residential rental property includes both public and privately owned property.

Any individual found to have violated the prohibition for residential property would be guilty of criminal mischief, generally a third-degree misdemeanor, analysis continued. If the violation were to involve the risk of physical harm to another, the offender is guilty of a first-degree misdemeanor.

"Under the bill, a tenant who is convicted of or pleads guilty to criminal mischief relating to rental property is also disqualified from receiving rental assistance from a metropolitan housing authority or being a tenant in a metropolitan housing authority housing project," Napolitano noted.

Hambley said the provision relating to public housing is yet another deterrent.

"I believe that one of the greatest economic generators that we seldom take full advantage of is cost avoidance," he said. "With our public housing authorities becoming more creative and effective every day, one way to assist in advancing their mission is to avoid unnecessary costs.

"By disallowing tenants who have been convicted of criminal mischief of rental properties, we will create a disincentive for individuals living in those units to destroy property, as well as create an additional mechanism for those wronged parties to obtain restitution."

Ohio Real Estate Investors Association Government Affairs Director Dan Acton told lawmakers that every landlord has a "horror story" to tell about a particular tenant experience.

"The option available is to seek civil damages in a court of law," he said during testimony before committee members. "This is expensive, most likely requires an attorney and will only be successful if the tenant can be located and they can repay the damages."

Security deposits rarely are sufficient to remedy the damages in the horror story scenarios, Acton noted.

"Passing HB 282 will be another avenue to remind tenants of their obligations to maintain order in their unit," he said. "I can foresee some of our members adding language to their leases that advise tenants that if they knowingly destroy, deface, damage the rental property they may be subject to civil and criminal actions.

"The knowingly standard is the key to this bill. ... HB 282 encourages responsibility for one's actions and may make a person think twice before committing an act against the property."

Hambley said the desired effect and goal of the legislation is stronger, more vibrant communities.

"This deterrence will create higher quality rental properties, strengthen communities, and properly punish criminals for committing thousands of dollars of damage to these properties," the lawmaker said. "By minimizing damage to these properties, fewer homes will sit vacant, in need of repair - and our communities will grow stronger as a result."

A representative from the Greater Cincinnati Northern Kentucky Apartment Association and a private citizen, each has offered support of the bill before lawmakers. Eight fellow House members have signed on as cosponsors of HB 282.

A fourth hearing of the measure convened early last week.

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