usc 34 § 12495

Right to report crime and emergencies from one’s home (CRIME CONTROL AND LAW ENFORCEMENT (34 U.S.C.))

In Force
Verified 9/13/2026 · Next check 10/13/2026
effective 9/13/2026FederalAffordable Housing Programs

Operative Text

usc 34 § 12495
In this section, the term “covered governmental entity” means any municipal, county, or State government that receives funding under .

Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing—

shall have the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance; and

shall not be penalized based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under statutes, ordinances, regulations, or policies adopted or enforced by covered governmental entities.

Penalties that are prohibited under paragraph (1) include—

actual or threatened assessment of monetary or criminal penalties, fines, or fees;

actual or threatened eviction;

actual or threatened refusal to rent or renew tenancy;

actual or threatened refusal to issue an occupancy permit or landlord permit; and

actual or threatened closure of the property, or designation of the property as a nuisance or a similarly negative designation.

Consistent with the process described in , covered governmental entities shall—

report any of their laws or policies, or, as applicable, the laws or policies adopted by subgrantees, that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property; and

certify that they are in compliance with the protections under this part or describe the steps the covered governmental entities will take within 180 days to come into compliance, or to ensure compliance among subgrantees.

The Secretary of Housing and Urban Development and the Attorney General shall implement and enforce this subpart consistent with, and in a manner that provides, the same rights and remedies as those provided for in title VIII of the Civil Rights Act of 1968 ( et seq.).

For those covered governmental entities that distribute funds to subgrantees, compliance with subsection (c)(1) includes inquiring about the existence of laws and policies adopted by subgrantees that impose penalties on landlords, homeowners, tenants, residents, occupants, guests, or housing applicants based on requests for law enforcement or emergency assistance or based on criminal activity that occurred at a property.
Source: Legislative text reproduced verbatim
Plain English

Under 34 U.S.C. § 12495, anyone connected to a housing situation—including tenants, landlords, guests, and applicants—has the right to call for law enforcement or emergency help without facing punishment for doing so. Municipal, county, and state governments that receive certain federal funding are prohibited from penalizing people based on those calls for help or based on criminal activity for which the person was a victim or otherwise not at fault. Prohibited penalties include fines, eviction, denial of tenancy renewal, refusal to issue permits, and designating a property as a nuisance, whether those consequences are actually imposed or merely threatened.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Under 34 U.S.C. § 12495, compliant property owners and managers generally avoid taking any adverse action—such as eviction, non-renewal of a lease, or imposition of fees—against a tenant, resident, guest, or applicant solely because that person called for emergency or law enforcement assistance, or because criminal activity occurred at the property for which the person was not at fault. Operators who receive or work under programs tied to covered governmental entities should be aware that local nuisance ordinances or similar policies may themselves be subject to federal compliance requirements under this provision. Staying informed about whether local ordinances align with the protections established in § 12495 is a common practice among operators seeking to remain in compliance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

34 U.S.C. § 12495 establishes that tenants, residents, occupants, and guests have a federally recognized right to seek emergency or law enforcement help without facing retaliation such as eviction, lease non-renewal, fines, or a nuisance designation against their home. If a landlord or a local government policy penalizes someone for calling for help or for being a crime victim, that may constitute a violation of this provision, which is enforced with the same framework as fair housing rights under the Civil Rights Act of 1968. People who believe their rights under § 12495 have been violated may consider reaching out to a local tenant-rights organization, a fair housing agency, or HUD to understand available complaint and enforcement paths.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 13, 2026
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References Out

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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

Source Information

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