No High-Def Wiring? Landlord Must Allow Tenant`s Dish

by Janet Portman, Inman News

Q: I live in an old apartment complex. I would like to purchase a big new flat-screen TV for my living room, but have encountered a stumbling block.

The landlord has referred me to the DIRECTV agent who services our buildings, but he says he can’t give me high definition until the owners improve the wiring. And when I ask the manager, I get the runaround.

My unit has a large private deck where I could easily mount a satellite dish and run wires directly into my apartment, thus bypassing the present wiring. I heard a year or two back about a law that should apply to a situation like mine — permitting a tenant to independently contract for individual cable or satellite television despite any exclusive arrangements by the apartment ownership. Could you provide me a citation to this statute or ordinance and give any clarification of my options? –Jim A.

A: Your memory has served you well — just about a year ago, the Federal Communications Commission issued a final regulation that forbade owners of multi-unit residential buildings from entering into “exclusive” deals with audio and video providers. The theory behind the rule, which was opposed by apartment industry lobbying groups, was that exclusive arrangements kept healthy competition from flourishing, thereby making it more expensive for tenants to receive their programs. The apartment industry argued to the contrary, claiming that exclusive deals resulted in more competition, for the exclusive deal itself, and that the price savings would be passed on to the tenants. Importantly, the regulation decreed that any existing exclusive arrangements would no longer be enforceable.But here is where your situation and the regulation you remember part ways. Your wish — to receive high-def TV — wouldn’t necessarily be solved by invoking the FCC rule and calling a different cable provider (whom your landlord wouldn’t necessarily have to let into his building — the ban on exclusive contracts didn’t mean that every cable company has the right to enter the building). You’d still face the roadblock of the antique wiring. You have, instead, hit upon a different solution, which is to rely on your right to receive satellite transmissions independent of any wiring in the building or existing cable deals between the owner and a cable company, exclusive or not. Since 1996, the year the Federal Telecommunications Act was passed, landlords cannot unreasonably interfere with tenants’ rights to mount an antenna within their exclusive rented space. You can learn the specifics of this rule by going to the FCC Web site (www.fcc.gov) and typing “Over-the-Air Reception Devices Rule” in the search box

.Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of “Every Landlord’s Legal Guide” and “Every Tenant’s Legal Guide.” She can be reached at janet@inman.com.

What’s your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.

Copyright 2008 Janet Portman

See Janet Portman’s feature, Sex Offenders Have Legal Rights, Too.

 

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Tags: apartment+owners, landlords, tenant+background+checks, real+estate+forms, direct+tv, satellite+dish+in+apartments

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This entry was posted on Thursday, January 1st, 2009 at 10:23 am and is filed under AAOA Forum. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

1. Lisa said at January 2nd, 2009 at 12:46 pm

   We have not allowed Satellite at our properties because of the poor installation done by satellite installers in the past. This included breaking screens in order to get wires in through the windows, letting wires hang over other tenants’ windows and into the yard (making mowing difficult to impossible), drilling holes into the roof to mount dishes, and then when the tenant moves out and no longer wants satellite, we are stuck with an outdated dish on our roof and can’t remove it without having to patch holes. Our buildings do boast other good other cable options that work just fine and do not damage the building or the looks of the building.

2. Greg Smart said at January 2nd, 2009 at 4:07 pm

   The FCC rules regarding tenant rights to have sat. dishes does not mean landlords must allow dishes to be installed. The dish must be allowed to be installed in a space that the tenant specifically has control over in accordance with their contract. In other words, a dish may not be allowed by the landlord in any common area such as a roof, common ground, side of a building etc…

3. » No High-Def Wiring? Landlord Must give Tenants a Choice said at January 12th, 2009 at 12:25 pm

   [...] found this question on the American Apartments Owners Association (AAOA) submitted by Janet Portman of Inman News. If you live in an older apartment building and are [...]

4. AAOA - American Apartment Owners Association » Better Alternatives to Giving Sick Tenant the Boot said at March 23rd, 2009 at 12:12 pm

   [...] Better Alternatives to Giving Sick Tenant the Boot by Janet Portman, Inman News Q: We own a home that we rented to an elderly woman and her daughter. The mother has recently been admitted to a convalescent hospital, and the daughter, who is also sick, is having a hard time coming up with the rent (she hasn’t been able to find a roommate because the place is so dirty).   If she doesn’t pay the rent, we cannot pay the mortgage and we will end up in foreclosure.   Can we give her a notice to vacate the property because she hasn’t paid the rent, even though she’s sick? –Art B.   A: You are within your rights to terminate this tenancy if the rent remains unpaid. But there may be steps you can take that could avert that eventuality.   First, if you believe that the property’s condition is the reason your tenant has not been able to find a roommate, discuss this with the tenant. Perhaps circumstances surrounding her mother’s illness and move have overwhelmed her, making it hard to keep on top of the housekeeping. You might consider helping her towards a fresh start, by paying for a housecleaning service to thoroughly clean the unit. Of course, your tenant will have to follow through with good housekeeping habits, otherwise a roommate who is brought in when all is clean and neat will leave when conditions deteriorate, and you’ll all be back to where you started.   Second, call your local social services agency. Your tenant may qualify for rent assistance (perhaps as a Section 8 recipient). If you don’t already accept Section 8, you’ll want to look into it. Your county may also have direct aid programs that she would qualify for, particularly if she is significantly ill (or legally disabled).   Finally, try to learn whether your tenant has other family members who might help out. Often, families are unaware of dire conditions when the person at risk is too proud, or afraid, to contact them. Though you don’t want to get into the middle of a family drama, you could at least pass this information on to the relevant social services agency, who might get involved.    Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of Every Landlord’s Legal Guide and Every Tenant’s Legal Guide. She can be reached at  janet@inman.com.   What’s your opinion? Leave your comments below or send letter to the editor. To contact the writer, click the byline at the top of the story. Copyright 2009 Janet Portman   See Janet Portman’s feature, No High-Def Wiring: Landlord Must Allow Tenant’s Dish.   [...]

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