Beautiful California, enjoying the beach, enjoying the sun. Beneath it’s bright deposition harbors a growing health crisis. A crisis urgent enough to require a national response, according to a new Senate report. Hoarding in California and much of the country is a growing concern due in large part to a growing aging US population.
Hoarding is a mental disability, not to be ashamed of, that was recognized by the American Psychiatric Association’s (APA) Diagnostic and Statistical Manual of Mental Disorders on May 2013. As of the writing of this article, the recognition of the disorder is relatively recent and with that it’s unknowns. Report – “We need Hoarding Disorder informed therapists available to people in all US states. Many are in California and are not available to treat people in other states”
Impact on California
The State of California participates in and usually leads in federal disability laws and California Landlords may be obligated to provide reasonable accommodations to people with Hoarding disorders. These accommodations include
- Grant additional time for the tenant to address and correct the issue.
- Implement a staged cleanup plan with agreed-upon milestones or deadlines.
- Refer the tenant to appropriate community resources or social services for ongoing support.
- Provide an on-site dumpster to facilitate cleanup when feasible and reasonable — an approach some attorneys recommend for severe cases.
Hoarding Laws in California
Hoarding itself is not illegal, however the consequences of it may.
Public Nuisance Laws
California Penal Code Sections 372 & 373a: it is illegal to maintain or allow a public nuisance. If hoarding causes unsafe or unsanitary conditions visible to neighbors (e.g. odor, pests, obstructed walkways), these may be invoked.
Building, Health, Fire Codes in California
Local building codes, fire safety codes, and health & safety rules can be violated by hoarding — e.g. blocked exits, fire risks, vermin infestations, mold, unsafe structural loads.
Health & Safety Code § 17920.3: dwellings whose condition endangers health or safety can be regarded as “substandard.” Hoarding may cause such conditions.
Animal Hoarding In California
Penal Code § 597 and related sections: doing so in a way that animals are not provided adequate food, water, shelter or care; or where conditions are harmful to them is animal cruelty.
Penalties can be serious, including fines, possible jail time, removal of animals, etc.
Landlord-Tenant / Habitability In California
Even when the tenant is the one hoarding, landlords may be legally required to maintain the unit in a habitable condition under California law. If hoarding results in pests, unsanitary conditions, structural problems, or fire hazards, that implicates landlord responsibilities.
Lease agreements may also have clauses about health, safety, maintenance; non-compliance by tenants might lead to notices, fines, or eviction if hazards are serious.
Potential Penalties for Violations in California
Individuals may incur penalties when hoarding results in legal violations. If a person fails to comply with warnings or cleanup orders, authorities may escalate enforcement actions. Local governments, fire departments, and health agencies can issue administrative fines for code violations, with penalties varying by jurisdiction. Under California Government Code Section 36900, municipalities may impose fines beginning at $100 for a first offense and up to $500 for repeat violations. When hoarding constitutes a public nuisance, cities may authorize cleanup and charge the property owner for related costs.
In more serious cases, individuals may face misdemeanor or felony charges. Maintaining a public nuisance under California Penal Code Section 370 can lead to fines of up to $1,000 and six months in jail. If hoarding poses fire hazards or endangers occupants, prosecutors may file reckless endangerment charges under Penal Code Section 384. Animal hoarding may result in multiple counts of animal cruelty under Penal Code Section 597, carrying potential sentences of up to three years in jail and substantial fines. Courts may also order probation, mandatory mental health treatment, or property inspections as part of sentencing.
Please note because Hoarding is a recognized mental disability, California Landlords are encouraged to work with the tenant.
Compassion
Compassion
Hoarding is a complicated matter that requires experts and compassionate experts to navigate the recently recognized disorder. On SFGate.com, according to life transitions expert Brandon Bronaugh of LifeCycleTransitions of which he said about Hoarding clients, they “put these barriers of items and miscellaneous things to keep the outside world from coming in to harm them, so they feel that the more things that they can clutter around these doors and around these corridors, the quicker they can insulate themselves and protect them from the outside world.”
Pick Hoarding Services in California
