Title: LANDLORD-TENANT GUIDELINES AND IDAHO LAW
Date: 09 Mar 1999

March 1999
In my day to day activities of representing buyers and sellers in apartment transactions, I’m frequently asked about the rights and responsibilities of the landlord and tenant. Questions raised often deal with issues ranging from possession, entry by the landlord, security deposits, termination and possible remedies by either of the parties.
Certain landlord-tenant obligations are provided for by Idaho law. Other arrangements or obligations can be specifically established in agreements or leases made by the parties.
As a Real Estate practitioner for over 20 years, I have a high degree of familiarity with the practical aspects of landlord-tenant relations. However, I do not possess a license to practice law in Idaho, so I’m very careful about dispensing specific advice on these matters.
For general information regarding landlord- tenant issues and Idaho law, the best advice I can give is to contact:
The Office of the Attorney General State of Idaho State Capitol Building Boise, Idaho
1-800-432-3545
Ask for the “Landlord/Tenant Guidelines” publication. The pamphlet is free and the information contained in it is great! Being informed as a landlord or tenant will help minimize conflicts or misunderstandings and assist in the peaceful resolution of landlord- tenant issues.
Best regards,
Glenn Sather The Apartment Broker
Title: FAIR HOUSING MULTI-FAMILY COMPLIANCE
Date: 22 Feb 1999
January 1999
Recently, there have been numerous complaints filed statewide by the Idaho Fair Housing Council against owners of multi-family properties. These complaints allege noncompliance with the accessibility requirements of the Federal Fair Housing Act.
The Fair Housing Amendments Act of 1988 extended coverage of the Civil Rights Act of 1968 to persons with disabilities. These amendments created design and construction requirements for new multi-family housing built for first occupancy after March 13, 1991.
The guidelines apply to “covered multi-family dwellings” defined as:
* Buildings consisting of four or more dwelling units if such buildings have one or more elevators; and
* Ground floor dwelling units in other buildings consisting of four or more units.
Multi-family designers and developers must abide by the seven technical requirements for accessibility. These design features allow access to housing for disabled persons:
1) Accessible building entrance on an accessible route;
2) Accessible and usable public and common use areas;
3) Usable doors (32″ wide doors, lever handles);
4) Accessible route into and through the covered dwelling unit;
5) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations.
6) Reinforced walls for grab bars in bathrooms;
7) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
As you can see from the above list, these accessibility requirements in and of themselves are not cost prohibitive when incorporated as part of the original design process. The key words are “part of the original design process.” After a multi-family dwelling is built, however, retrofitting may be cost prohibitive to the owners. In addition, if not originally designed to meet the accessibility requirements, some units may never be in compliance.
Recently, the Idaho Fair Housing Council has attracted the attention of multi-family property owners statewide. In an effort to educate the public and the real estate industry about the accessibility requirements, the Idaho Fair Housing Council has filed complaints against 23 multi-family builders and owners in Idaho. The complaints have been filed in Post Falls, Coeur d’Alene, Moscow, Nampa, Meridian, Boise, Mountain Home, Twin Falls, Pocatello, Blackfoot and Idaho Falls. Apparently, there is a national movement to begin enforcement of the accessibility requirements after disability advocates filed a lawsuit against HUD.
The Idaho Fair Housing Council works in conjunction with HUD on fair housing issues. HUD is ultimately responsible for the enforcement of the Fair Housing Act, essentially controlling the process, and determining the fines and remedies. However, federal grants are awarded to the Idaho Fair Housing Council to aggressively enforce the Act. While there are varying fines and costs associated with these 23 complaints, a complaint filed against a builder/owner in the Boise area imposes a $100,000 fine coupled with a requirement that all the buildings be retrofitted to meet the requirements.
There are properties in many other communities that may result in complaints as well. The Fair Housing Council reports that 80 to 95% of Multi-family projects have minor to major accessibility problems within the state.
Each of these complaints cites noncompliance with the first accessibility requirement: “accessible building entrance on an accessible route.” This particular requirement addresses access to a property from the parking lot to the front door. If the access route contains stairs leading to the front door of the unit, this lack of accessibility by disabled persons targets a complaint filed by the Idaho Fair Housing Council. Imagine how easy it would be to drive through multi-family neighborhoods to spot this one deficiency alone, record the address, and follow up with a complaint.
Interestingly enough, cities and counties who have issued building permits in violation of these accessibility requirements have no responsibility for enforcement. When the amendments to the Fair Housing Act were passed in 1988, a national lobbying effort by the mayors of large urban cities was successful in creating a statutory exemption limiting their liability. Municipalities, therefore, cannot be held liable to enforcement of this federal law. Some states have passed legislation mandating appropriate government responsibility for entities issuing building permits. It is possible that the state of Idaho may consider such legislation in the future, however, the probability those municipalities would embrace legislation that increases their liability and forces them to enforce federal law are highly unlikely.
Accessibility requirements have traditionally been within the scope of state and local building codes. The federal Fair Housing Accessibility Guidelines, however, are viewed as separate requirements. The guidelines are considered unenforceable because they contain terms that are not readily defined, and are inconsistent with terms used in building codes.
To convince the local building code officials to enforce the federal guidelines, steps should be taken to develop a model building code that would not place in jeopardy the local officials for interpreting and enforcing the federal guidelines.
HUD is the only agency that can provide such assurances. Without HUD’s assurance, there will be continued confusion among architects, builders, building officials and disabled persons as to which set of requirements applies to a covered building or dwelling.
Currently the Idaho Association of REALTORS is taking the lead to organize an informational meeting with architects, engineers, builders, lenders, local and state government officials, and other affected groups in the industry. Recognizing that this is just the tip of the iceberg, efforts should be underway immediately to compel HUD to develop educational materials for the general public, local and state building officials, and those in the industry who are responsible to comply with the federal guidelines.
For more information about the multi-family accessibility requirements, contact Richard Mabbutt or Rorie Stolfo and the Idaho Fair Housing Council at 1-80…, or Shirley Hindley, executive officer of the Coeur d’Alene Association of Realtors at 208-….

For LLCs formed after January 1, 1997, a much simpler elective procedure is, applied. LLCs are no longer subject to the four-factor test set forth above. Instead, LLCs elect to be taxed either as a partnership or a corporation by filing a form with the I.R.S.