President Joe Biden has been a vocal advocate for affordable housing and tenant rights, recognizing the need to address the challenges faced by renters across the United States. As part of his commitment to creating a fair and equitable society, President Biden introduced The Blueprint for a Renter’s Bill of Rights in January 2023. This non-binding comprehensive plan aims to protect the rights of tenants, improve housing conditions, and promote stability for renters by calling on state and local governments to strengthen their policies on renter protections. In this article, we will delve into the key components of The Blueprint for a Renter’s Bill of Rights, its significance for renters, and the current status.
Key components of The Blueprint for a Renter’s Bill of Rights
There are five principles outlined in the proposed The Blueprint for a Renter’s Bill of Rights (the “Blueprint”). Here is a breakdown of each principle:
1. Safe, quality, accessible and affordable housing
The Blueprint recognizes the importance of safe, quality, accessible and affordable housing as a fundamental right for all individuals and families. The Blueprint outlines that renters should pay no more than 30 percent of household income on housing costs. This provision is particularly crucial in areas with rapidly rising rents and limited affordable housing options.
It also calls for owners of rental housing and state and local governments to ensure that homes for rent meet habitability standards and are free of health and safety hazards, such as lead or mold. In addition, owners should provide services and amenities as advertised or included in the lease (such as utility costs and functional appliances) and ensure that the residential housing unit is well maintained (including common areas).
The establishment of minimum habitability standards is another crucial aspect of the proposal. By requiring landlords to maintain safe and livable conditions in rental properties, it ensures that tenants have the right to a healthy and dignified living environment. This provision protects tenants from substandard housing conditions and helps prevent health hazards caused by neglected maintenance and repairs.
2. Clear and fair leases
The second principle states that renters should be provided with a clear and fair lease that outlines rental terms, rights, and responsibilities. The lease should not include unfair clauses, hidden fees, or deceptive practices. It should also have transparent policies regarding security deposits and provide reasonable notice for actions related to the rental unit. The terms of the lease should be written in simple language, accessible to the renter, and tenants should receive a plain-language briefing to understand the lease terms.
This principle is important because the lease establishes the foundation for the landlord-tenant relationship and covers significant financial commitments. Studies have shown an increase in problematic provisions in leases, which tenants often believe are enforceable. Many renters do not read their leases thoroughly, and those who do may not raise concerns or contest unfavorable terms.
3. Education, enforcement, and enhancement of rights
This principle states that federal, state, and local governments should take measures to ensure that renters are aware of their legal rights and are protected from discrimination and exclusion in various forms. This includes enforcing existing fair housing laws and regulations, such as the Fair Housing Act, and expanding them to explicitly prohibit discrimination based on source of income. Renters should also be protected from sexual harassment by housing providers, and survivors of domestic violence, dating violence, sexual assault, and stalking should not face penalties due to the acts of abusers.
Discrimination and exclusion in the housing market have a significant impact, and it is necessary to strengthen existing laws and enforcement efforts while implementing new laws to address fair housing needs. Many renters experience discrimination annually, but a significant number of cases go unreported. Discrimination takes different forms, including racial and ethnic disparities in property managers’ responses to inquiries from prospective tenants and unequal treatment and access barriers for people with disabilities. Algorithms and credit reports used in background checks can also contribute to housing discrimination, especially for marginalized communities. Laws should ban discrimination based on source of income to increase access to housing for voucher holders and other low-income individuals.
The government, through agencies such as HUD and the DOJ, plays a crucial role in enforcing fair housing laws and taking enforcement actions against discriminatory practices. Efforts are being made to improve tenant background checks and ensure they comply with the law, address source of income discrimination, and protect survivors of domestic violence and other forms of abuse. The Treasury Department emphasizes the importance of leasing units in a non-discriminatory manner in the Low Income Housing Tax Credit program, and Fannie Mae has launched a pilot program to incentivize property owners to not discriminate against voucher holders. These actions aim to enhance tenant protections and promote fair housing principles.
4. The right to organize
The principle of allowing renters to organize without obstruction or harassment from their housing providers is crucial for advocating for better housing conditions and policy reforms. Tenant associations should be recognized by housing providers, and renters should have the ability to contact and engage with building owners to discuss important matters related to their property. However, organizing efforts by tenants have often been met with retaliation and fear of eviction, hindering their ability to improve their living situations and advocate for community investment.
To put this principle into practice, tenants in various HUD programs already have the right to organize, establish tenant organizations, and address issues in their living environment without retaliation. HUD provides resources and brochures outlining these rights and guidelines for organizing and participation. The administration is taking new actions to further support tenants’ rights, such as ensuring military members in government-owned or controlled housing can organize and report issues without fear of retribution. HUD’s Office of Multifamily Housing is also developing programs and initiatives to support tenant capacity building, education, and outreach.
These efforts aim to empower renters, promote engagement between residents and housing providers, and strengthen the implementation of tenant protections in various housing programs.
5. Eviction prevention, diversion, and relief
Evictions are associated with various negative outcomes, including adverse health effects. The eviction process is marked by inequities that disproportionately affect low-income households, with accumulated debt being leveraged by housing providers to threaten tenants.
Eviction records have long-term consequences, even if a case is dismissed or resolved. They can hinder a renter’s ability to find future housing as they often appear in background checks. While some states have enacted laws to seal eviction records, they may still persist due to database maintenance issues by background check companies.
To address these issues, the Emergency Rental Assistance program and State and Local Fiscal Recovery funds have provided financial support to prevent evictions and offer housing stability services. Efforts led by the Department of Justice have encouraged the development of eviction diversion programs. HUD has also granted funds for eviction protection. The Federal Housing Finance Agency (FHFA) requires 30 days’ notice before evicting tenants from multifamily properties with Fannie Mae or Freddie Mac mortgages.
New actions announced include proposed rulemaking by HUD to require advanced notification of lease termination for nonpayment of rent, the allocation of $20 million for the Eviction Protection Grant Program, FHFA’s commitment to provide information through the Enterprise Look-Up Tools, and Freddie Mac’s research on tenant protections to inform potential incentives for enhanced tenant protections in the future.
Importance to renters
Over 44 million households, or roughly 35 percent of the U.S. population, live in rental housing. The Blueprint holds immense significance for renters across the nation. It encourages state and local agencies to provide renters with essential protections that safeguard their rights and promote housing stability.
Additionally, the focus on affordable housing investments and rental assistance programs offers vital support to those struggling to afford suitable accommodation. By expanding the availability of affordable housing options and providing financial aid, the Blueprint aims to help alleviate the burden on low-income households and contribute to the overall well-being of communities.
Current status
The Blueprint is not law or official policy, and does not create any mandates for state or local governments, private institutions or landlords. It does however encourage state and local agencies to abide by these recommendations. The Blueprint serves as recognition of the housing challenges renters around the country are facing, and aims to bring more awareness to government programs and resources currently available.
Final thoughts
President Biden’s Blueprint represents a significant effort to address the challenges faced by renters and promote housing stability. By encouraging enhanced tenant protections, investing in affordable housing, providing rental assistance, and improving habitability standards, the Blueprint aims to protect the rights of tenants and ensure access to safe and affordable housing for all. Whether any official legislation is passed, time will tell, but national government agencies are continuing to provide resources for U.S. renters. For more information on renters rights and protections visit HUD.gov.
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