By Divyanshi Dwivedi and Ray L. Flores II, Esq.
As COVID vaccine mandates become more prevalent — they already exist for some workplaces, schools, universities, airports and even dine-in restaurants — there are increased expectations that more mandates will ensue.
But can your landlord evict you if you refuse to get the vaccine?
A landlord-tenant relationship is a contractual one, usually governed by local law and the terms of the lease. Landlords and property managers must comply with the implied warranty of habitability for residential tenants.
A landlord may exploit the provisions of the lease by asking for proof of vaccination under the pretext of maintaining a safe and habitable environment for all.
However, because vaccinated people can become infected with and transmit COVID to others, the “safe and habitable environment” argument should be moot.
In theory, asking for proof of vaccination or evicting a tenant based on vaccination status blatantly invades one’s constitutional right to privacy.
However, while a tenant is under no obligation to disclose his/her vaccination status, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) doesn’t apply in landlord-tenant relationships because the law protects confidentiality only when healthcare providers, employers or insurance companies are involved.
Christian-Driven America-First Precious Metals.
Before markets collapse, the smart play is to move wealth or retirement to precious metals. Contact Genesis Gold now to make it happen smoothly with no hassles from a group driven by fellowship.
At the federal level, the federal Fair Housing Act contains protections against discrimination by landlords on the basis of race, religion, gender or disability.
Therefore, a landlord who attempts to evict a tenant who refuses to take a vaccine based on a sincerely held religious belief, or a disability, could be exposed to liability under this law.
This law may also apply if a landlord refuses to lease a property to a new tenant based on vaccine status.
Requiring the vaccine also could expose a landlord to civil liability for violating a host of civil rights. On a purely contractual level, such a requirement could run afoul of the covenant of quiet enjoyment.
In some cases, your landlord’s right to require you be vaccinated for COVID may depend on state laws, which differ.
Florida, for example, has laws that make it clear businesses, including landlords, would violate the governor’s executive order by requiring “patrons or customers” to provide proof of vaccination. Florida law carries a $5,000 fine for each violation.
Some states have explicitly enacted anti-discrimination laws. Montana, for instance, enacted a COVID-19 anti-discrimination law prohibiting public and private entities from refusing “services, goods, facilities, advantages, privileges, licensing, educational opportunities, healthcare access, or employment opportunities based on [a] person’s vaccination status or whether [a] person has an immunity passport.”
In our opinion, a person cannot be evicted or denied housing based on their vaccine status. Doing so invades the fundamental right of privacy, the right to make medical decisions for their family (which includes refusal to receive unwanted medical treatments) and ultimately interferes with their medical freedom.
✔️ Boost your immune system with Nutraceutical by Dr. Zev Zelenko
✔️ Beat supply chain issues and future pharmaceutical tyranny with 5 Antibiotics Delivered to Your Home
✔️ Be ready to help yourself and your family with the World’s Best Med Kit
That said, this is uncharted territory as there is no robust, national regulatory scheme yet in place. That means it is possible that in the near future, refusing to comply with a landlord’s vaccination requirement may result in eviction proceedings.
However, until this issue reaches the footsteps of a higher court, a landlord should restrict enforcement of the contract to collecting rent, maximum elevator capacities, cleaning and sanitizing of common areas, etc., instead of infringing upon tenants’ rights by requiring them to be vaccinated.
This article is for informational purposes only and should not be construed as a substitute for legal advice. If you have a particular legal issue, please contact an experienced attorney in your state.
Image by Tony Webster from Minneapolis, Minnesota, USA, CC BY 2.0, via Wikimedia Commons.
© 2021 Children’s Health Defense, Inc. This work is reproduced and distributed with the permission of Children’s Health Defense, Inc. Want to learn more from Children’s Health Defense? Sign up for free news and updates from Robert F. Kennedy, Jr. and the Children’s Health Defense. Your donation will help to support us in our efforts.
Yes, We Need Your Help
I hate being “that guy” who asks people to donate because I think our conservative news network is so crucial, but here I am…
When I left my cushy corporate job in 2017, I did so knowing that my family would have to make sacrifices. But I couldn’t continue to watch the nation slip into oblivion and was inspired by President Trump’s willingness to fight the good fight even at his own personal expense. What I didn’t realize then is that conservative media would be so heavily attacked, canceled, and defunded that the sacrifices would be extreme.
Many in this nation are struggling right now even though we weren’t struggling just a few years ago. I’m not alone. But I wake up every morning and operate the sites we’ve been able to build because there’s really no other choice. I refuse to be beholden to Big Tech like so many other conservative news outlets, which is why you won’t see Google ads here. With that said, it’s often challenging to pay the bills and it’s even harder to expand so we can get the America First message out to a wider audience.
The economic downturn has forced me to make a plea for help. Between cancel culture, lockdowns, and diminishing ad revenue, we need financial assistance in order to continue to spread the truth. We ask all who have the means, please donate through our Giving Fuel. Your generosity is what keeps these sites running and allows us to expand our reach so the truth can get to the masses. We’ve had great success in growing but we know we can do more with your assistance.
We currently operate:
- NOQ Report
- Conservative Playlist
- Uncanceled News
- Based Underground
- Five other conservative news sites
I would even be willing to entertain investments and partnerships at this stage. I’ve turned them down in the past because editorial purity is extremely important. I’ll turn them down again if anyone wants us to start supporting RINOs or avoid “taboo” topics like voter fraud, vaccines, or transgender supremacy. But I’d talk to fellow America First patriots who want to help any (or all) of our 10 news sites. Hit me up at jdrucker (at) substack (dot) com if you’re interested.
For those who have the means and just want to help keep the mission of spreading a conservative, Christian message to the nation, please consider a generous donation.