In the United States, over 44 million households currently live in rental housing. Federal laws, like the Fair Housing Act, the Americans with Disabilities Act, and the Fair Credit Reporting Act protect renters from discrimination and unfair treatment. Still, there are gaps to fill when it comes to renter protections in this country. From unreasonable rent hikes to unfair housing practices, research shows that renters are exploited by their housing providers in a number of ways. Unfortunately, tenants often end up losing their housing as a result of this exploitation. Last month, the Biden-Harris Administration announced a plan to promote rental affordability and strengthen tenant protections, along with the release of a Blueprint for a Renters Bill of Rights.
While the Blueprint for a Renters Bill of Rights is currently non-binding, it lays out best practices, which can help to inform how future housing policy could enhance renter protections. For the more than one third of Americans who rent, a Renters Bill of Rights could have a significant impact on their housing stability and, in turn, overall quality of life. The Blueprint lays out five main principles, which underscore key protections that every renter should have access to. Along with each principle, the White House Domestic Policy and National Economic Councils expand on the importance of each protection, outlining steps the Administration is taking — or plans to take — to put the principle into practice.
Safe, Quality, Accessible, and Affordable Housing
The first principle listed in the Blueprint is the concept that renters should have the right to safe, quality, accessible, and affordable housing. Additionally, renters should pay no more than 30 percent of household income on housing costs. This protection is increasingly necessary, especially considering how many renters are struggling to stay afloat, amid dramatic rent increases. According to Forbes, rental costs went up by 23.5% nationwide between October 2019 and October 2022. In nearly half of the counties in Ohio, more than a third of renters do not currently live in affordable housing, meaning that they are paying more than 30% of their income on rent. The current price of housing is simply unsustainable, and American families deserve affordable housing options.
Clean and Fair Leases
In an effort to improve transparency and fairness for tenants, the Blueprint includes clean and fair leases as a core protection that renters deserve. This means that leases should not include unfair or deceptive practices, such as hidden or illegal fees, false representations, or unauthorized terms. A lease should provide a transparent policy regarding security deposits, and should also provide advance notice of any actions related to a tenant’s unit. In addition, the terms of the lease should be written in language that is accessible, so that tenants understand the terms of the lease they are signing.
Education, Enforcement, and Enhancement of Renter Rights
The third principle focuses on the education, enforcement, and enhancement of renter rights. Local, state, and federal governments should do everything in their power to make sure fair housing laws are known, understood, and enforced. In addition to existing fair housing protections, fair housing law should be expanded to explicitly prohibit source of income discrimination. Renters should also be protected from sexual harassment by housing providers or their staff. Survivors of domestic violence should never be evicted or penalized because of the actions of their abusers.
Finally, tenant background checks must be legal, fair, and non-discriminatory, when used. This means that housing providers are legally obligated to inform applicants why they were denied or charged more. Among the many obstacles faced by justice-involved individuals are significant housing barriers. A 2020 study, in which local advocates reviewed the tenant selection plans of Cuyahoga County’s Project-Based Section 8 properties, revealed that nearly 80 percent of the properties may deny housing to people with misdemeanor convictions alone. The need for expanded protections for justice-involved individuals is supported by this quote from EDWIN’s Leadership & Restaurant Institute’s Heather Pederson, who said in the report:
Reentry is hard enough without the additional barrier of housing. Every citizen returning home deserves fair and equal housing and the opportunity to reconnect with their families and communities. We are doing our reentry community a great disservice by barring people from housing when they have already paid their debt to society and are ready to move forward with their lives.
Heather Pederson, EDWIN’s Leadership & Restaurant Institute
The Right to Organize
Every renter in the U.S. should have the right to organize, without the fear of harassment or retaliation from their housing provider. In a recent story on a group of Rhode Island tenants who are fighting for better conditions, one tenant organizer revealed that, although landlord retaliation is illegal, it is unfortunately common. According to the Blueprint, housing providers should also recognize tenant associations and engage with tenants who have questions or concerns. Ideally, this type of engagement and open communication will lead to healthy, productive relationships between landlords and tenants. After all, tenants know their needs better than anyone, and deserve a seat at the table and a chance to be heard.
Eviction Prevention, Diversion, and Relief
The fifth and final principle in the Blueprint states that “renters should be able to access resources that help them avoid eviction, ensure the legal process during an eviction proceeding is fair, and avoid future housing instability.” In the case that an eviction is filed, eviction proceedings should be fair, and tenants should be given 30 days’ notice in advance of an eviction action. In addition, eviction case filings should be sealed right away, in order to reduce the chance that folks will be automatically excluded from future housing opportunities because of an eviction on their record. The Blueprint also recommends that renters facing eviction should have the right to counsel. Clevelanders facing eviction have seen first-hand just how life-changing access to legal representation can be. Cleveland was only the fourth city in the U.S. to adopt a Right to Counsel program, and so far, that program has had overwhelming success. Since 2020, the program has helped to prevent eviction for at least 93 percent of right-to-counsel clients who wanted that outcome.
Renters Deserve a Bill of Rights
While the Blueprint for a Renters Bill of Rights is not legally binding at this time, it is a step in the right direction. Moreover, the Biden-Harris Administration is already beginning to take action, following the release of the Blueprint. Key actions announced include:
- The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) will collect information to identify practices that unfairly prevent applicants and tenants from accessing or staying in housing in order to inform policy actions.
- The CFPB will issue guidance and coordinate enforcement efforts with the FTC to ensure accurate information in the credit reporting system. The agencies will also hold background check companies accountable for having unreasonable procedures.
- The Federal Housing Finance Agency (FHFA), will launch a new public process to examine proposed actions promoting renter protections and limits on egregious rent increases for future investments.
- A U.S. Department of Justice workshop will inform potential guidance updates around anti-competitive information sharing, including in rental markets.
- The U.S. Department of Housing and Urban Development will publish a notice of proposed rulemaking that would require public housing authorities and owners of project-based rental assistance properties to provide at least 30 days’ advanced notice before terminating a lease due to nonpayment of rent.
- The Administration will hold quarterly meetings with a broad, diverse, and varying group of tenants and tenant advocates to ensure they continue to have a seat at the table and can share ambitious ideas to strengthen tenant protections.
An official Renters Bill of Rights would have a life-changing impact on millions of American families who rent. As fair housing and tenant advocates, The Fair Housing Center urges the Administration to continue working to protect and expand the rights of renters in America.