by Greg Childress, NC Newsline
July 16, 2024
The national conversation about housing often focuses on supply and the need to build new houses, Kayla Laywell, a policy analyst at the National Low Income Housing Coalition (NLIHC), said Tuesday. But more attention must be paid to housing demand and to tenant protection, Laywell said during the North Carolina Housing Coalition’s weekly call. Kayla Laywell (Photo: National Low Income Housing Coalition)
“What we’ve seen is that without strong renter protections, no amount of new housing will keep renters stably housed,” Laywell said. “We really need protections to address the power imbalance between landlords and renters.”
Laywell and colleague, Billy Cerullo, a housing advocacy organizer on the NLIHC’s field team, joined the Housing Coalition’s call to discuss the National Tenants Bill of Rights, which outlines seven essential rights of tenants. The NLIHC crafted the document in partnership with the National Housing Law Project and the Tenant Union Federation.
Supporters say a tenants bill of rights would help protect the nation’s 114 million renters in a housing market that favors landlords. They contend that some tenants are deprived of basic rights and that many are forced to choose between rent and other necessities such as medicine or food for children. Escalating rents often lead to eviction and homelessness, supporters say, and the impact is felt more acutely by people of color, disabled tenants, families with children and senior citizens.
Laywell said the goal is to convince as many elected officials as possible and other supporters to endorse the tenants bill of rights so that Congress will be compelled consider and approve it next year.
“We’ve been working to build as much support as possible,” Laywell said. “This platform is really the preeminent platform for tenants. Our goal is to get as many endorsers as possible so that in 2025, with the start of the new Congress in January, we can start having members of Congress introduce the platform as legislation and get it enacted.” NC Tenants Union executive director Nick MacLeod (File photo)
Last week, Nick MacLeod, executive director of the North Carolina Tenants Union, told the Housing Coalition that the Tenants Bill of Rights would help to level the playing field for renters.
“Some of the things that they have in this document are rights that tenants think they have already constantly, because they are so basic, like I should be able to have a clear lease that tells me the terms of this tenancy, “MacLeod said. “Or if my landlord is not providing the core services they say they will provide, then I can protest that, and they broke the contract so I can withhold rent which you can’t do in North Carolina.”
The Tenants Bill of Rights would give renters:
The right to a fair application – Discriminatory screening practices by landlords and tenant screening companies prevent prospective tenants from being fairly considered when they apply for housing. To ensure fair opportunity for all, landlords should only consider information relevant to an applicant’s ability to perform their obligations as a tenant.
The right to a fair lease – Leases shape the legal relationship between landlords and tenants, often reflecting their imbalance of power. To correct this imbalance, leases should clearly define the duties and rights of both landlords and tenants and avoid predatory and deceptive terms.
The right to freedom from discrimination and harassment – Home should be a sanctuary for tenants. Currently, tenants are vulnerable to discrimination, violations of privacy, and harassment by their landlords. To ensure a basic level of privacy and quiet enjoyment, tenants should have the tools to prevent this behavior. Tenants also need the federal government to robustly enforce federal anti-discrimination laws to prevent landlord abuses.
The right to a habitable home – Tenants deserve to feel safe in their homes. Safe homes include working appliances and fixtures, reliable utilities, effective pest control, and prevention from deadly health hazards. When something is in need of repair, tenants should have a clear way to communicate their concerns to a landlord and the landlord should be obligated to fix habitability concerns promptly.
The right to reasonable rent and costs – To protect tenants from financial shocks that put them at risk of eviction and further harm, safeguards are necessary to prevent rent gouging and excessive or hidden fees. Landlords should be limited to reasonable rent increases, and they should only be allowed to assess fees that have been clearly disclosed in the lease.
The right to organize – To correct the power imbalance between tenants and landlords, tenants must have the ability to organize without fear of retaliation or eviction from landlords, owners, and management.
The right to safeguards against eviction – Tenants should not have to risk losing their homes in eviction court in a manner of minutes. Tenants deserve a basic level of due process in eviction proceedings and have protections from illegal evictions and evictions without good cause.
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