Can My Landlord Restrict My Guests? Know Your Rights in Public Housing

If you live in public housing, you have more protections when it comes to guest restrictions compared to private housing. Public housing management has stricter rules on limiting guests compared to private landlords. Here's what you need to know:

  1. Violation of Laws and Regulations: Public housing leases are not supposed to have unfair conditions. Regulations require tenants to follow reasonable rules for the benefit of everyone in the housing project.
  2. Accommodating Guests: Public housing rules should allow tenants to have guests. It would be considered unfair to prevent tenants from having visitors.
  3. Constitutional Rights: Strict rules that require permission for overnight guests can infringe on your rights to privacy and association.
  4. Guidelines from HUD Handbook: Leases in public housing should have fair conditions. House rules should focus on safety, cleanliness, and tenant comfort.
  5. Right to Enjoyment: Restrictions on guests that disturb your peaceful enjoyment of your home are usually seen as unreasonable.
  6. Unfair Contracts: Public housing leases can sometimes be one-sided contracts, favoring the landlord. Unreasonable provisions in these contracts may not be enforceable.

What are examples of reasonable and unreasonable guest restrictions on public housing residents?

Reasonable
  • Tenants may have guests over for up to 30 calendar days per year. Each visit can’t last more than two consecutive weeks. If a resident wants to have a guest for a longer period, they must receive approval in writing.
  • Restrictions on guests who threaten the health, safety, and peace of the premises.
    • Guests can’t participate in drug-related criminal activity on or near the premises.
    • Guests can’t assault other residents or Housing Authority employees.
    • Guest can’t cause or participate in actual and/or threatened gender-based violence or stalking.
    • Guest can’t do political or religious recruitment on Housing Authority property.
Unreasonable
  • Tenant must register and obtain prior written permission for overnight visitors.
  • Tenant may not have more than one overnight guest at a time.
  • Tenant may not have an overnight guest more than twice in one week or more than 14 times in one year.  
  • A rule forbidding a particular guest from visiting without a legitimate reason.
  • A rule saying guests can't come if they're under a certain age. 

Can the Housing Authority of Cook County use a ban list to keep track of banned guests?

Yes. The lease may reserve the right to ban guests who threaten the health, safety, or right to peaceful enjoyment by other residents. Residents have the right to be notified when a guest has been banned. Then, they can make a complaint about Housing Authority’s decision to ban a visitor by using the Grievance Procedure.

For more information about ban/barred lists, click here. 

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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