It’s that time of year again when we will come across a sea of banners, yard signs, and posters in support or in opposition to a candidate or proposition that goes to the ballot box in November. The question is can housing providers reign in political signage on their property?
The answer is, probably not, unless there is a compelling reason.
Landlords can place reasonable restrictions on the size, number, and duration of the political statements being made, but those restrictions must not be so extensive to prohibit the display of such signs. Moreover, any restrictions must be content-neutral, meaning housing providers cannot “cherry-pick” what messaging is being erected in and around their properties; they cannot selectively restrict signs based on their political content or viewpoint.
We had to dig deep into our archive of articles to find our commentary on SB-652, a law that protects tenants who wish to display religious items like menorahs or crosses outside their homes. Yet limitations were placed on these religious displays. They were limited in their size, for example, could not hinder the opening or closing of any entry door, be violative of any law, and contain graphics or language that is obscene or otherwise illegal.
The law surrounding political signage likewise attempts to strike a balance between the rights of tenants to express their First Amendment rights and the consequences signage can have on the property and/or neighboring residents.
California Civil Code Section 1940.4 affords tenants the right to display political signs on their rental property, including in windows, on doors, and within their exclusive use areas such as balconies and patios. If the rented property is a single-family dwelling, it can spill out into the yard.
Duration of signs
Under state law, political signage can be displayed starting 90 days before an election and must be removed within 15 days of the election. We’ve all seen this, right? An election is over or whatever ballot initiative is passed or defeated - the voters decided - yet the irrelevant signs remain on the property for months after there was an outcome.
Rental housing providers should get into any local rules surrounding this topic. In San Jose, for example, election signs can be displayed the day after the opening of the nomination and must be removed 10 days after the date of the election.
Even if a local ordinance is silent on rules regarding the tenant’s freedom of expression, there is a broader framework to protect the rights of tenants and the optics are terrible when a landlord attempts to interfere with a tenant’s ability under state law to support whoever candidate and whichever cause they want to endorse. It will be a losing battle.
We remind housing providers, or tenants for that matter, that removing political signs violates California Penal Code Section 488, making this a petty theft misdemeanor.
As for rental properties that are part of a Homeowners’ Association (HOA), the rules regarding political signs may also apply, but we hasten to say that these rules must also be reasonable and content-neutral.
Parting thoughts
We live in a divisive world and the political rhetoric has become toxic. The landlording community should pick and choose their battles, but the display of signs should not be one of them unless there is some sort of obstruction or nuisance.
While limits on political signage can be embedded in the lease and while addendums can be added to regulate these tiny billboards, we don’t find this to be the most judicious use of our client’s resources.
Let your best candidate win.