Tag Archives: Renters Bill of Rights

Biden Administration, Financial Protection, Housing

FACT SHEET: Biden-Harris Administration Takes Action to Protect Renters

August 4, 2023 krubin

The Biden-Harris Administration is taking concrete actions to protect renters including: ensuring all renters have an opportunity to address incorrect tenant screening reports; providing new funding to support tenant organizing efforts; and ensuring that renters are given fair notice in advance of eviction © Karen Rubin/news-photos-features.com

Over 44 million households, or roughly 35 percent of the U.S. population, live in rental housing. But our nation’s rental market is defined by a patchwork of state and local laws and legal processes that leave far too many renters with little recourse when housing providers fail to comply with the law or the lease agreement. President Biden believes every American deserves access to safe, accessible, and affordable housing, reflected in the Blueprint for a Renters Bill of Rights, which outlines principles and best practices at the federal, state and local level that would strengthen tenant protections and increase fairness in the rental market.

The Biden-Harris Administration is building on this framework and announcing a series of new, concrete actions to protect renters, which include:

Ensuring all renters have an opportunity to address incorrect tenant screening reports;
Providing new funding to support tenant organizing efforts; and
Ensuring that renters are given fair notice in advance of eviction.

These announcements build on a record of action and progress on behalf of renters. In response to the pandemic, the Biden-Harris Administration deployed unprecedented tools to keep Americans housed, including delivering nearly 11 million emergency rental assistance payments, and establishing a first-of-its-kind national eviction prevention infrastructure that kept eviction filings below pre-pandemic levels for 1.5 years after the eviction moratorium ended. However, many of the systemic inequities in rental markets that existed prior to the pandemic persist today and are compounded by our nation’s housing affordability challenges. That is why the Biden-Harris Administration has taken bold action to address issues of housing supply and lower costs through its Housing Supply Action Plan, including actions also announced today, and is announcing new actions on renters protections here.

These actions include:

Ensuring fair tenant screening practices. The U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Agriculture (USDA), and three independent agencies, the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC) and the Federal Housing Financing Agency (FHFA) are each releasing guidance or best practices to landlords, operators, and stakeholders who rely on tenant screening reports when evaluating applications from renters. This guidance communicates the Administration’s expectations on informing renters of what information in their screening report is responsible for their application being denied. This information will help renters by giving them an opportunity to correct errors in their reports and address issues that impact their applications.

Funding tenant education and outreach. HUD is announcing $10 million in new funding for tenant education and outreach in properties it supports. This funding will support capacity building efforts that enable tenants who live in HUD’s project based rental assistance housing to engage with property managers and help sustain safe, decent, and affordable housing. Under the program, funding can be used for training and technical assistance, as well as establishing and operating tenant organizations.

Providing more time for tenants to avoid eviction. HUD has committed to issue a notice of proposed rulemaking that would require that tenants of public housing and properties with project-based rental assistance receive a written notice at least 30 days prior to lease termination for nonpayment of rent. This proposed rule would curtail preventable and unnecessary evictions by providing tenants time and information to help address nonpayment violations. Tenants in public housing and properties with project-based rental assistance are already entitled to receive a 30 day notice in cases of non-payment of rent. However, if finalized, the proposed rule would permanently memorialize this requirement in HUD’s regulations, allowing the agency additional latitude to effectively communicate and implement these protections. As part of the rulemaking process, tenants and other parties will also be able to provide their comments and perspectives to help HUD make sure this rule assists with preventable evictions.

Increasing resident engagement requirements. This week, HUD published new guidance for public housing authorities and multifamily housing owners participating in the Rental Assistance Demonstration, strengthening resident protections through updated resident engagement requirements and enhanced HUD oversight tools, including active monitoring of additional information that demonstrates resident engagement. These new requirements will help ensure residents have more opportunities to provide feedback on the preservation of their homes.

Ensuring renters have a seat at the table. The Biden-Harris Administration has prioritized engagement with tenants, tenant organizers and advocacy organizations, including in the creation of its Blueprint for a Renters Bill of Rights. These engagements ensure renter voice and expertise inform the government’s understanding of challenges that exist in the rental market, and that solutions increase fairness. This week HUD hosted the National Conversation at The Community Table, to hear directly from hundreds of renters on federal policy. In addition, FHFA, FTC and CFPB have each issued requests for information that will inform their respective policymaking; Treasury is hosting quarterly tenant listening sessions on individuals’ experiences with emergency rental assistance; and USDA will host a convening with renters in rural areas this fall.

Announcing major private sector and state and local action. In January, the White House announced its Resident-Centered Housing Challenge, a call to action to housing providers and other stakeholders to strengthen practices that improve quality of life for renters. Since then, over 100 public and private sector entities have pledged to align with the principles in the Blueprint for a Renters Bill of Right. The Administration continues to rally the private and public sector, and welcomes additional actions from housing providers and others to meet this call. Several commitments were announced at the launch of the challenge; examples of new actions include:

Private Actors

Zillow, next year, will launch the ability for its nearly 28 million average monthly unique visitors to search for affordable rental units, including listings that may meet requirements for programs like the Housing Choice Vouchers and income restricted affordable housing. Zillow will offer a one-stop-shop for renters to find affordable rentals and easy to understand information about local laws that will help ensure users know their rights related to leasing and remaining housed with or without rental assistance.
AffordableHousing.com will, this year, deploy “Clear and Fair” digital leases that advocate the principles outlined in the White House Blueprint for a Renter Bill of Rights. Property owners who use these “Clear and Fair” leases will be acknowledged on the site, which receives more than 100 million property searches each year.
Last week, Zillow, Apartments.com, and AffordableHousing.com announced they will provide consumers with total, upfront cost information on rental properties, which can be hundreds of dollars on top of the advertised rent.

State and Local Governments

Colorado enacted House Bill 23-1120, which requires landlords and tenants to go through mediation in eviction proceedings if the tenant qualified for some forms of financial assistance, and House Bill 23-1095, prohibiting rental agreements from including a certain waiver that limit a renter’s legal recourse.
Connecticut enacted Senate Bill 998, which increases fines on landlords to $2,000 for breaking housing code violations, bans landlords from housing discrimination based on sexual orientation, puts new limits on the amount landlords can charge in fees for overdue rent, offers protections against certain evictions and rent increases to a protected class, and removes online eviction records of cases that were withdrawn, dismissed, or decided in favor of the tenant within 30 days.

Jersey City, NJ announced a “Right To Counsel” program in April 2023, as did Westchester County, NY in May 2023, and St. Louis, MO in July 2023. These programs offer legal assistance to qualified renters facing an eviction.
Los Angeles, CA and Santa Ana, CA each released a series of renter protections. Los Angeles’ ordinances include “just cause” eviction protections, a timeline for paying rental debt accrued during the pandemic, and require landlords to pay relocation fees in some situations, amongst other protections. Santa Ana’s new rental registry will ensure tenants and landlords know their rights and responsibilities and will compliment an eviction prevention program providing rental assistance and supports to qualified households.

These actions come on the heels of other Biden-Harris Administration actions since creating the Blueprint for a Renters Bill of Rights. CFPB and FTC, both independent agencies, issued a Request for Information seeking public comment on how background screening may shut renters out of housing. FHFA, also in independent agency, initiated a process to solicit feedback on ways to advance renter protections in its financing programs. All three agencies have committed to using those responses to inform potential policy action. HUD released a notification for public comment on ways it can improve its regulations and accessibility standards to ensure that individuals with disabilities have equal access to all HUD-assisted programs, activities, and facilities. In addition, the White House announced first-of-its-kind funding for legal services for veterans experiencing or at risk of homelessness in June. Just last week, President Biden announced new actions to address unfair and hidden fees in the rental housing market. Congressional action could bolster these efforts by codifying renters’ rights into law, and to passing the President’s budget proposal, which includes historic investments to lower housing cost and protect renters, expand housing supply and affordability, including funding for eviction prevention.

Biden Administration, Housing

FACT SHEET: Biden-Harris Administration Announces New Actions to Protect Renters and Promote Rental Affordability

January 25, 2023 krubin

The Biden Administration also launches Resident-Centered Housing Challenge, a call-to-action to improve the quality of life for renters

The Biden-Harris Administration is announcing new actions to increase fairness in the rental market and further principles of fair housing. These actions align with a new Blueprint for a Renters Bill of Rights that the Administration is also releasing. The Blueprint lays out a set of principles to drive action by the federal government, state and local partners, and the private sector to strengthen tenant protections and encourage rental affordability. Key actions announced include:

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB), both independent agencies, announced they will collect information to identify practices that unfairly prevent applicants and tenants from accessing or staying in housing in order to inform enforcement and policy actions under each agency’s jurisdiction. This is the first time the FTC has issued a request for information exploring unfair practices in the rental market. The two agencies will seek information on a broad range of practices that affect the rental market, including the creation and use of tenant background checks, the use of algorithms in tenant screenings, the provision of adverse action notices by landlords and property management companies, and how an applicant’s source of income factors into housing decisions.
The CFPB announced it will issue guidance and coordinate enforcement efforts with the FTC to ensure accurate information in the credit reporting system and to hold background check companies accountable for having unreasonable procedures.
The Federal Housing Finance Agency (FHFA), an independent agency, announced it will launch a new public process to examine proposed actions promoting renter protections and limits on egregious rent increases for future investments. FHFA will maintain transparency throughout the process and provide periodic updates, including one within 6 months, to interested stakeholders. As announced in November, the FHFA will also increase affordability in the multifamily rental market by establishing requirements that encourage the financing of multifamily loans that guarantee affordable housing. In 2022, Freddie Mac and Fannie Mae purchased a combined $142 billion in multifamily loans supporting over one million units. If the same activity holds in 2023, this would mean an investment in approximately 700,000 affordable units.
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.

These new announcements are part of a broader set of federal actions that exemplify the principles laid out in the Blueprint for a Renters Bill of Rights, which underscores key protections every renter deserves:

Safe, Quality, Accessible, and Affordable Housing: Renters should have access to housing that is safe, decent, and affordable.
Clear and Fair Leases: Renters should have a clear and fair lease that has defined rental terms, rights, and responsibilities.
Education, Enforcement, and Enhancement of Renter Rights: Federal, state, and local governments should do all they can to ensure renters know their rights and to protect renters from unlawful discrimination and exclusion.
The Right to Organize: Renters should have the freedom to organize without obstruction or harassment from their housing provider or property manager.
Eviction Prevention, Diversion, and Relief: 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 addition, the Administration is rallying state and local stakeholders and private housing actors to drive further action to protect renters in line with the Blueprint. As part of this effort, the Administration is launching the Resident-Centered Housing Challenge (Challenge), a call to action to housing providers and other stakeholders to strengthen practices and make their own independent commitments that improve the quality of life for renters. The Challenge, which will occur during the Spring of 2023, also encourages states, local, Tribal, and territorial governments to enhance existing policies and develop new ones that promote fairness and transparency in the rental market. Early commitments in support of the Challenge, which would affect over 15 million rental units, include:

Wisconsin Housing and Economic Development Authority (WHEDA) and Pennsylvania Housing Finance Agency (PHFA) have capped annual rental increases to 5 percent per year for federally or state subsidized affordable housing. Beginning in 2023, WHEDA policy applies to existing residents in properties utilizing state or federal Low-Income Housing Tax Credits. PHFA applied this policy to their portfolio of 450 properties with PHFA funding in 2022.
Members of the Stewards of Affordable Housing for the Future (SAHF), which collectively own or manage 145,000 housing units across the U.S., commit to offer flexible payment plans for residents with unpaid rent who have engaged with property management and to provide the following notices and protections where permitted by local law and financing documents: at least 30 days’ notice to vacate for nonpayment of rent; at least 5 days to cure a missed rent payment; and 60 days’ notice to tenants of any proposed sale or closure of a property. SAHF also commits to launching a task force of its members to identify best practices for resident-centered practices and share resources with the field including model policies and procedures, sample notices, and case studies.

Realtor.com Rentals will pilot a new listing process through their DIY landlord product, Avail, highlighting units and landlords that indicate that they welcome Housing Choice Vouchers. Realtor.com will be able to share this information with its nearly 5 million monthly rentals search visitors. They will also ensure that more than 1.3 million Avail renters have access to their application information so they can submit their application to multiple property owners on the platform without additional cost.
The National Apartment Association commits to promoting resident programming and practices, such as helping tenants build and improve credit through reporting of positive rent payments to credit bureaus, through their website, industry events and other content channels that reach a network of more over 95,000 members owning and operating more than 11.6 million apartment homes globally.
The National Association of Realtors and its affiliate, the Institute of Real Estate Management, commit to creating new resources for property managers in their network of 1.5 million members that highlight ways they can incorporate resident-centered property management practices in their businesses. Practices would include a range of examples that have proven effective, such as advertising to prospective residents that Housing Choice Vouchers are accepted at their property, providing information about rental assistance, and using alternative credit scores for applicants without a detailed credit history.
The National Multifamily Housing Council commits to working with its 2,000 members to identify business standards that align with principles of resident-centered management practices, such as helping residents build credit, providing resource information to residents in financial distress, and communicating these practices through a new resource hub on its website.

The Administration welcomes additional commitments from interested stakeholders to: pursue high-road practices aligned with the Blueprint principles; create new benefits for residents that enhance their economic mobility, build credit, and prepare them for homeownership; reduce or eliminating rental “junk fees,” which are the hidden fees, charges, and add-ons that take cash out of people’s pockets; expand pathways to eviction mitigation and prevention; and enhance and increase communication about tenant rights. To join the Challenge, interested partners can complete this survey by April 28, 2023. Questions regarding the White House Resident-Centered Housing Challenge team, can be directed to [email protected].

Over a third of the American population – 44 million households – rent their homes. Before the pandemic, well over 2 million eviction fillings and roughly 900,000 evictions occurred annually – disproportionately affecting Black women and their children. Since then, rental housing has become less affordable with some landlords taking advantage of market conditions to pursue egregious rent increases. Today’s announcements recognize there are responsible housing providers – large and small, national and local – willing to treat renters fairly, but it also holds accountable those who exploit market realities at the cost of renters’ housing access and stability.

Since taking office, the President has taken substantial steps to promote fairness in the rental market and ease the burden of rental costs for millions of American renters. The Administration kept the national eviction moratorium in place until August 2021, which helped to prevent over 1.5 million eviction filings nationwide. The Administration has delivered over 8 million rental or utility assistance payments to reduce renters’ risk of eviction or housing instability through Emergency Rental Assistance programs and provided over $769 million for housing stability services. Last May, the Administration released a Housing Supply Action Plan, which set the goal of closing America’s housing supply shortfall in five years. The Administration has been making progress advancing a long-term goal of providing housing vouchers to all eligible households: the 2022 and 2023 President’s Budgets proposed to expand rental assistance to an additional 200,000 households – and the Administration has secured rental assistance to more than 100,000 households through the 2022 and 2033 appropriations bills and the American Rescue Plan. And, last week, HUD published a Notice of Proposed Rulemaking on its efforts to Affirmatively Further Fair Housing.