I don't want to start or continue a political debate, nor comment on whether the recent Order is right or wrong. However, I think it is important to everyone's understanding that the premises of this blog, that "Landlords are now suddenly responsible", is at best misleading in MHO. Below is the result of the inquiry whether landlords were already responsible under the Federal law prior to the new Order.
There were already federal rules and laws in place prior to the August 2025 presidential directive that required landlords participating in HUD programs to maintain safe, decent, and sanitary housing and to address criminal activity among tenants.
🏛️ Preexisting Federal Rules and Laws
- HUD Minimum Property Standards & Safety Requirements
Federal regulations such as 25 CFR § 700.55 define a "decent, safe, and sanitary dwelling" in detail. These standards include structural soundness, cleanliness, adequate space, safe electrical systems, plumbing, heating, and compliance with HUD's lead-based paint regulations [1] [2]. These requirements apply to housing supported by HUD and are foundational to HUD's oversight of housing quality.
- HUD Agreements and Crime Prevention Clauses
HUD agreements have long included provisions that allow housing providers to terminate tenancy or deny assistance to individuals engaged in criminal activity. This includes drug-related offenses, violent crimes, and actions that threaten the health, safety, or peaceful enjoyment of other residents. These provisions are embedded in HUD's regulatory framework and guidance documents, such as the Resident Rights & Responsibilities guide [3].
- HUD Mortgage Foreclosure Act of 1994
While focused on foreclosure procedures, this Act also reflects HUD's authority to enforce compliance with housing standards and tenant-related obligations under federal law like the HUD Mortgage Foreclosure Act of 1994.
The new directive issued in August 2025 intensifies enforcement by instructing the Secretary of HUD to:
- Investigate non-compliance with crime-prevention and safety requirements in HUD agreements.
- Specifically target landlords and the District of Columbia Housing Authority.
- Refer violations to federal and local law enforcement agencies [5] [6].
This directive does not create new obligations but escalates enforcement and formalizes inter-agency coordination for violations in Washington, D.C.
References
[1] eCFR :: 25 CFR 700.55 -- Decent, safe, and sanitary dwelling.
[2] 25 CFR § 700.55 - Decent, safe, and sanitary dwelling.
[3] RESIDENT RIGHTS & RESPONSIBILITIES - HUD.gov
It is my opinion that, if HUD backed mortgages require Landlord Mortgagees to maintain the collateral property in a safe, decent manner for the tenants, then these investigations "may" open the Landlord up to claims they are in default on the terms of the mortgage, which could impact the marketplace.
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David Roberts, JD, CLS, CLC
Senior Underwriter
First American Title Insurance Company
Largo, Florida
+1 (727) 549-3475
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Original Message:
Sent: 08-27-2025 08:53
From: Cheryl Evans
Subject: DC Landlords now responsible for tenant criminal activity??
Trump has just made landlords in DC responsible for the criminal activity of their tenants. How this might play out and what sort of repercussions he can Inflict remains to be seen. I'm thinking, at minimum, it could mean they no longer can get Section 8 housing payments. Anyone else have thoughts on the implications of this?
Please no comments on whether this is right or wrong. I'm not looking to start a political debate. Just looking to understand the impact of this order.
Direct Quote:
"The Secretary of Housing and Urban Development (HUD) shall investigate any non-compliance with the crime-prevention and safety requirements of HUD agreements by the District of Columbia Housing Authority or any landlord in the District of Columbia. These investigations shall include consideration of the provisions of such agreements that require housing providers to maintain safe, decent, and sanitary conditions or to restrict tenants who engage in criminal activity that threatens health, safety, and the right to peaceful enjoyment for other tenants, including engaging in drug distribution, violent criminal activity, and domestic violence. The Secretary of HUD shall refer any findings of non-compliance to the Attorney General, Federal law enforcement authorities, the District of Columbia Housing Authority Police Department, and the Metropolitan Police Department, as appropriate."
https://www.whitehouse.gov/presidential-actions/2025/08/additional-measures-to-address-the-crime-emergency-in-the-district-of-columbia/?fbclid=IwdGRleAMb1NBjbGNrAxvUMGV4dG4DYWVtAjExAAEezt8sumit-JHp3-TMB58xHQP8aaz57GE3rv4W5sjikqxC15CrqfQ0ifKsgGQ_aem_iU0q1zE1BQNQXIkxfzTwRQ
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Stay Wicked my Friends,
Cheryl Evans
Executive Director: Wicked Title Forum
Publication & Online Business Support Community for the Title Industry
https://wickedtitleforum.com
[email protected]
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