Tenancy Laws for Shelters

Generally, shelter occupants are not considered tenants and do not have the same rights as a tenant would in a traditional landlord-tenant relationship. There is generally no lease nor contractual relationship for inhabitants of a shelter. We believe that shelter occupants would not fall under the CA Civil Code § 1940 definition of a tenant.

As such, we believe that shelter occupants are not protected by a traditional implied warranty of habitability or other eviction protections which would typically protect tenants. However, this could change depending on the existence of a prospective arrangement that the occupant may have with the shelter.

However, California has established minimum habitability requirements for shelters (24 CFR part 576.403(b)). There is a complaint process outlined by California law that addresses violations of these habitability requirements and the respective measures which the government must take to remediate such violations should they arise. Shelters are also mandated to inform occupants of these procedures and occupants’ rights.

Occupants at shelters are, however, protected by the Fair Employment and Housing Act. This protects occupants from being discriminated against or denied access to a shelter on the basis of certain immutable characteristics or familial status.

California also has emergency shelter laws which may suspend habitability and other requirements in times of housing crises. In consideration of the aforementioned analysis, the legal housing and tenancy rights of a shelter occupant largely depend on the individual facts and circumstances of the case.