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RENTERS  AND HOME OWNERS' RIGHTS

Neither a  landlord nor a homeowners association (HOA) has the right to prohibit you from having a satellite tv dish system installed in your home except in limited circumstances.  This is not to say that there are no limitations on your ability to have satellite tv equipment installed.  But it is a far cry from the days when deed restrictions and covenants or the whim of a landlord could keep you from watching high quality satellite tv.

The dish antenna provided by Dish Network is 18" or 20" and complies with the Satellite Consumer Bill of Rights, a regulation released by the FCC on August 6, 1996. This regulation PREEMPTS area zoning ordinances and Homeowner Association covenants and restrictions on satellite tv dish antennas. This rule was required by Congress in the 1996 Telecommunications Act. Some HOA'S have been fighting to keep restriction rights by threatening court action on tenants with dish antennas, in some cases arguing that a dish antenna is installed in a common area, calling the air space above the homeowners roof where the dish antenna is installed, the common area. Congress is on your side in this matter.

The FCC has mandated that NO LANDLORD, CONDO, CITY, STATE or any other organization or government agency can disallow anyone with DEEDED SPACE or a BALCONY (in the case of an apartment) that faces south, the right to put up a satellite dish under 1 meter (1.5 meters in Alaska). They CANNOT require a permit, advance notification, the payment of any fee or force the owner or tenant to move the dish (or antenna) if they don't like the way it makes the property look. As long as the space is DEEDED to an owner or on a balcony in the event of a renter - THERE ARE NO EXCEPTIONS to this.

Additionally, the Commission's rulings have concluded that NO GOVERNMENT or BOARD or BUILDING can require any special wind loading requirements for satellite dishes. Neither can they require that they are installed by "licensed electrical contractors" or only by installers who are members of a union.

The law requires that your landlord must give you permission. FCC rules permit residents of rental property to install a satellite dish, but only in certain areas. Generally, FCC rules permit renters to install a dish only in areas that are subject to the renter's exclusive use and control. Generally, this means an area that you may use, but that is not available for the general use of all tenants. Such an area may include a balcony, patio, yard, deck or other area that only you have the right to use. If you have such an area, you may install a dish. As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multichannel multipoint distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS").

The rule is cited at  47 C.F.R. Section 1.4000 has been in effect since October 14, 1996. It prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to- home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: 1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal.

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio. The rule applies to viewers who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes.

The rule allows local governments, community associations and landlords to enforce restrictions that do not impair the installation, maintenance or use of the types of antennas described above as well as restrictions needed for safety or historic preservation. In addition, under some circumstances, the availability of a central or common antenna can be used by a community association or landlord to restrict the installation of individual antennas. In addition, the rule does not apply to common areas that are owned by a landlord, a community association, or joint by condominium or cooperative owners. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable

If you do not believe us, read the law!!!

Do you think that someone who erect five masts, 30 feet high, and one mast ten feet high in their backyard, with five television antennas and three satellite tv dishes on them, breaks the law?  Find out.

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