Can My Landlord Restrict My Guests? Know Your Rights in Public Housing
Can the landlord control guests of public housing tenants?
Yes, the landlord may set some rules about guests. But, the rules cannot be unreasonable or excessive. For example, the Oak Park Housing Authority doesn’t say no to guests just because they have a criminal history. But, the Oak Park Housing Authority can stop guests who threaten the health, safety, and peace of the premises, especially those involved in criminal activity cases.
Examples of guest restrictions found in the a Housing Authority's lease:
- 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.
- Guests can’t participate in drug-related criminal activity on or near the premises.
- Guests can’t assault other residents or 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 property
Examples of unreasonable guest restrictions on public housing residents:
- Making residents register and obtain prior permission for overnight visitors.
- Stopping a particular guest from visiting without a legitimate reason.
- Saying guests can’t come if they’re under a certain age.
Can the landlord ban a guest?
Yes. The Oak Park Housing Authority lease reserves 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.
What happens if my guest or I violate the lease?
If a guest or tenant breaks the rules in the lease, the landlord can terminate the tenancy and start an eviction. Click here to read more about when the landlord decides to evict based on guest policies.
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.