Housing Law Glossary

Essential terms and definitions for understanding multifamily housing regulations, tenant rights, and landlord obligations across federal, state, and local law.

36 terms · All definitions cite primary government sources · View sources

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Adverse Action Notice: A written notice a landlord must provide to an applicant when taking adverse action (denial, conditional approval, higher deposit) based on information in a consumer report. Required under FCRA (15 U.S.C. § 1681m) and Regulation V (12 CFR § 1022.21).; Also: denial notice, FCRA adverse action, screening denial notice
Constructive Eviction: A legal doctrine under which a landlord's failure to maintain habitable conditions so substantially interferes with a tenant's use and enjoyment of the premises that the tenant is effectively forced to vacate, excusing future rent obligations.; Also: constructive ouster, de facto eviction
Consumer Report (FCRA): Any written, oral, or other communication by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, character, general reputation, personal characteristics, or mode of living, used for tenant screening. Defined at 15 U.S.C. § 1681a(d).; Also: credit report, background check report, tenant screening report, FCRA consumer report
Costa-Hawkins exemption: A category of rental unit that California's Costa-Hawkins Rental Housing Act (Cal. Civ. Code §§ 1954.50–1954.535, enacted 1995) exempts from local rent control: single-family homes, condominiums, and post-1995 units.; Also: Costa-Hawkins exempt, rent control exemption
Dillon's Rule: A doctrine of local government law holding that municipal corporations possess only those powers expressly granted by state law, necessarily implied by granted powers, or essential to the declared objects and purposes of the corporation. The default rule in most states absent a home rule charter.; Also: Dillon Rule, local government power limitation, municipal authority doctrine
Disparate Impact: A theory of Fair Housing Act liability where a housing policy that is facially neutral nevertheless causes a disproportionate adverse effect on a protected class without a legally sufficient justification. Recognized under 24 CFR Part 100, Subpart B and Texas Dept. of Housing v. Inclusive Communities Project (2015).; Also: discriminatory effect, adverse impact, disproportionate impact
EPA RRP Rule: EPA's Renovation, Repair, and Painting Rule (40 CFR Part 745, Subpart E) requiring contractors who disturb lead-based paint in pre-1978 residential housing to be certified, use lead-safe work practices, and provide pre-renovation education to occupants.; Also: Renovation Repair and Painting Rule, RRP, lead renovation rule
Fair Market Rent: HUD's estimate of the rent (including utilities) for a modest unit in a given metropolitan area, updated annually. The baseline for Housing Choice Voucher payment standards. Defined at 24 CFR § 888.113.; Also: FMR, 40th percentile rent
Familial Status: A protected class under the Fair Housing Act defined as a household that includes at least one person under age 18 (or a pregnant person, or one seeking legal custody of a minor). Housing providers may not use familial status as a basis for refusal or discriminatory terms. See 42 U.S.C. § 3602(k).; Also: families with children protection, FHA familial status
Home Rule: A grant of local self-governance authority — typically in state constitutions or statutes — allowing municipalities to exercise broad regulatory power without express state authorization, subject only to state preemption. The alternative to Dillon's Rule.; Also: local home rule, Cooley's doctrine, municipal home rule authority
HOTMA: The Housing Opportunity Through Modernization Act of 2016 (Pub. L. 114-201). Reforms tenant screening, income calculation, asset rules, and over-housing standards in HUD-subsidized properties. Compliance extended to January 1, 2027.; Also: Housing Opportunity Through Modernization Act, HOTMA 2016
Housing Choice Voucher: The primary federal rental assistance program (commonly "Section 8"), providing eligible low-income families a portable subsidy to rent private market units. Authorized by 42 U.S.C. § 1437f(o); administered under 24 CFR Part 982.; Also: Section 8 voucher, HCV, tenant-based rental assistance, TBRA
Implied warranty of habitability: A common-law and statutory doctrine requiring landlords to maintain rental units in a condition fit for human habitation throughout the tenancy, regardless of lease silence.; Also: habitability warranty, covenant of habitability
Itemized Deduction Statement: A written, itemized accounting of any amounts withheld from a security deposit that a landlord must provide to a tenant within 21 days of vacancy. Required under Cal. Civ. Code § 1950.5(g) along with copies of receipts.; Also: security deposit accounting, deposit deduction itemization
Just cause eviction: A legal regime requiring landlords to state a specific permissible reason ('cause') to terminate a tenancy. Limits both fault-based and no-fault evictions.; Also: good cause eviction, cause requirement, no-fault eviction protection
Lead-Based Paint Disclosure: A mandatory disclosure that sellers and landlords of pre-1978 housing must provide to buyers and tenants regarding the presence of known lead-based paint or hazards. Required by 42 U.S.C. § 4852d and 24 CFR § 35.88 / 40 CFR § 745.107.; Also: lead paint disclosure, Title X disclosure, pre-1978 housing disclosure
Low Income Housing Tax Credit (LIHTC): A federal income tax credit (26 U.S.C. § 42) that subsidizes construction and rehabilitation of affordable rental housing by providing investors a dollar-for-dollar reduction in federal tax liability in exchange for equity investment in affordable housing projects.; Also: Low Income Housing Tax Credit, Section 42, tax credit housing
Normal Wear and Tear: Deterioration of a rental unit resulting from ordinary and reasonable use over time, for which a landlord may not charge a tenant. Landlords may only deduct security deposit funds for damage beyond this standard. See Cal. Civ. Code § 1950.5(b)(2).; Also: ordinary wear and tear, reasonable wear and tear
Notice of Entry: Written notice a California landlord must provide at least 24 hours before entering a residential unit, except in emergency. Required under Cal. Civ. Code § 1954, which also limits landlord entry to reasonable business hours and specified purposes.; Also: landlord entry notice, 24-hour notice, right of entry notice
Notice of Termination of Tenancy: A written notice from landlord to tenant (or tenant to landlord) ending a month-to-month or periodic tenancy. California requires 30 days' notice from landlord (60 days if tenant has lived there ≥1 year); 30 days from tenant. See Cal. Civ. Code § 1946.; Also: 30-day notice, 60-day notice, notice to vacate, notice to quit
Payment Standard: The maximum monthly assistance a PHA will pay on behalf of a Housing Choice Voucher family. Set by the PHA between 90% and 110% of the applicable Fair Market Rent (24 CFR § 982.503).; Also: voucher payment standard, HCV payment standard
Project-Based Rental Assistance: Federal rental subsidies that attach to specific housing units rather than to households. When a PBRA tenant moves out, the assistance stays with the unit. Primary programs include Project-Based Section 8 (24 CFR Part 880) and Project-Based Vouchers (24 CFR Part 983).; Also: PBRA, project-based Section 8, HAP contract housing, PBV
Protected Class: A group of persons identified by a characteristic — such as race, color, national origin, religion, sex, familial status, or disability — that the Fair Housing Act (42 U.S.C. § 3604) forbids housing providers from using as a basis for discriminatory treatment.; Also: protected characteristic, FHA protected class
Reasonable Accommodation: A change in rules, policies, practices, or services that a housing provider must make to give a person with a disability an equal opportunity to use and enjoy a dwelling, when requested and when not creating an undue hardship. Required under FHA § 3604(f)(3)(B) and 24 CFR § 100.204.; Also: RA, disability accommodation, FHA accommodation
Rent Reasonableness: The HUD requirement that gross rent for a voucher-assisted unit not exceed rents for comparable unassisted units in the same market. PHAs must document comparability before approving any unit. See 24 CFR § 982.507.; Also: comparable rent determination, HCV rent reasonableness
Rent Withholding: A tenant's right to withhold rent payment after a landlord fails to maintain habitable conditions following proper notice and a reasonable opportunity to repair. A defense to unlawful detainer for nonpayment. See Cal. Civ. Code § 1942.4.; Also: rent strike, rent escrow, habitability rent defense
Repair-and-Deduct Remedy: A California tenant self-help remedy allowing a tenant who has notified the landlord of a habitability defect to hire a contractor and deduct the repair cost from rent, up to one month's rent, when the landlord fails to repair within a reasonable time. Cal. Civ. Code § 1942.; Also: repair and deduct, self-help repair remedy
Retaliatory Eviction: An eviction or lease non-renewal taken by a landlord in response to a tenant's exercise of a legal right — such as requesting repairs, complaining to a housing authority, or organizing with other tenants. Prohibited by Cal. Civ. Code § 1942.5.; Also: retaliatory termination, retaliatory notice
Section 504 (Rehabilitation Act): Federal statute (29 U.S.C. § 794) prohibiting discrimination against persons with disabilities in programs receiving federal financial assistance — including federally assisted housing. Requires recipients to make housing programs accessible and provide reasonable accommodations and modifications.; Also: Section 504, Rehab Act § 504, 29 USC 794
Security Deposit: A sum of money paid by a tenant to a landlord at the beginning of a tenancy, held to cover unpaid rent, damage beyond normal wear and tear, or cleaning costs. Governed by Cal. Civ. Code § 1950.5 in California; 24 CFR § 982.313 for HCV units.; Also: damage deposit, rental security deposit
Source of income discrimination: Refusal to rent, or differential treatment, based on the form of a prospective tenant's lawful income — most commonly Housing Choice Voucher (Section 8) payments. Federal FHA does not cover this; ~20 states and 100+ cities prohibit it.; Also: SOI discrimination, voucher discrimination, Section 8 discrimination
State Preemption: The doctrine by which state law supersedes conflicting local ordinances — prohibiting municipalities from regulating in a particular field or enacting stronger tenant protections than state law provides. The mechanism by which many states limit local rent control and tenant protections.; Also: local preemption, field preemption, conflict preemption
Steering: A discriminatory practice by which housing providers direct prospective tenants or buyers toward or away from certain neighborhoods, buildings, or units based on race, color, national origin, religion, sex, disability, or familial status. Prohibited under 24 CFR § 100.70(c).; Also: racial steering, discriminatory channeling
Tenantability: The California statutory standard for habitable residential premises. Cal. Civ. Code § 1941.1 lists the specific conditions a landlord must maintain: effective waterproofing, plumbing, heating, electrical, clean premises, and working building systems.; Also: habitability standard, minimum habitation standard
Three-Day Notice to Pay or Quit: A written notice to a tenant to pay all overdue rent within three days or vacate the premises. A mandatory prerequisite to filing an unlawful detainer action for nonpayment. See Cal. Code Civ. Proc. § 1161(2).; Also: pay or quit notice, 3-day notice, notice to pay rent or quit
Unlawful Detainer: A summary court proceeding by which a landlord seeks to recover possession of real property from a tenant who has no legal right to remain after proper notice. The statutory eviction lawsuit. See Cal. Code Civ. Proc. § 1161.; Also: UD action, eviction lawsuit, summary possession proceeding

Editorial Note

This glossary provides authoritative definitions for housing law terms, compiled from statutory and regulatory sources. Specific legal interpretations may vary by jurisdiction. Read our sourcing policy.