FAIRVIEW PARK, Ohio -- City Council not only recently recognized October as Domestic Violence Awareness Month, but is currently considering an ordinance that could help victims, as well as landlords.
“Domestic violence is a crime that impacts countless Ohioans regardless of age, race, gender, religion or economic status,” said Ward 1 City Councilman Brian McDonough, who introduced the legislation.
“Ohio is in the minority of states in that it doesn’t have under its Ohio Landlord Tenant Act any specific protections for victims of domestic violence or for landlords who have domestic violence offenders as tenants.”
Inspired by recently approved legislation in Brooklyn, the proposed ordinance, if passed, will allow victims of domestic violence the opportunity to escape their situation with modified rental agreements.
Domestic violence incidents are a leading cause of homelessness.
“Victims of domestic violence are often trapped between a rock and a hard place, in that they cannot exit their lease,” McDonough said. “That lease might have a term for a year, so they’re under financial pressure. If they vacate the premises, they’ll be responsible for the lease, as well as another lease.
“That would be inherently unfair for those victims. What this ordinance allows is a victim of domestic violence to have the rental agreement terminated. It provides an escape mechanism for that victim to be able to get out of the lease, which often is a barrier for victims to leave.”
City Council will be discussing the ordinance, which McDonough said could mirror Brooklyn’s language, which reads that in such cases, the landlord will keep the security deposit. Also, victims of domestic abuse or menacing by stalking can choose to have their locks changed on their home at their own cost.
“At its core, domestic violence is about offenders exerting power and control over the victim,” McDonough said. “What this does is allows the power and control to be taken back by not only the victims, but by landlords who could terminate the rental agreement for a tenant convicted of committing domestic violence.”
Not only would such an ordinance protect victims and landlords, but McDonough said the public at large would benefit from its passage.
“This will make Fairview Park a safer community,” McDonough said. “Domestic violence in a rental is going to affect a number of parties. Not only the inhabitants of the rental, which could also include children, but it will spill out into hallways or driveways and affect the community.
“Unfortunately, in Fairview Park we’ve had homicides related to domestic violence. So often a police officer’s dangerous call is to respond to a domestic abuse situation. What this ordinance does is by allowing victims to escape, by allowing landlords to terminate, it will make Fairview Park safer not only for victims, but also for landlords and the police in the community, as well," he said.
The councilman is optimistic that upcoming council discussions, which will include input from landlords and tenants, will lead to passage of the ordinance in November.
“We think it’s important, obviously, for victims to feel safe,” McDonough said.
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