That’s When You Need to Form a Tenant Association
Renting a home in this country is becoming more and more risky. Long-term rent is often paradoxically more expensive per month than paying off a mortgage, which puts people in the position of banks saying they can’t get a mortgage despite clearly being able to meet the monthly bill. And rents are high across the country, with average rent hovering around $2,000 a month , and for the first time in history, the average tenant spends 30% of their income on rent , classifying them as “rent-encumbered.”
Everyone’s situation is different, and renting is fundamentally no better or worse than owning a home, but tenants have something to contend with that homeowners don’t: landlords . The people who own the property you rent have a disproportionate amount of power over your life. They may neglect major repairs, try to raise your rent for punitive purposes, and even try to kick you out of your legally rented apartment whenever it suits them.
Of course, many of these negative actions are illegal, but if you’re barely paying your rent, it’s easy to feel powerless against an indifferent or aggressive landlord. And even if your landlord is a conscientious and well-intentioned owner, buildings are being sold and the new owner may have a completely different idea of the future of your property. But, as in many other situations in this world, strength is in numbers. If your rental situation is not ideal, you should consider starting a tenants’ association.
collective bargaining
A tenant association is essentially a tenant union that resides in your building. Federal law protects your right to form a tenant association , prohibits landlords from taking any retaliatory action against tenants who do so, and even specifies that tenants have the legal right to gather in their building’s common areas, such as lobbies, for meetings.
There are no legal requirements for establishing a tenant association. It is enough just to convene a meeting of tenants and agree on collective action. While some tenant associations create a formal structure by electing officers and collecting funds from members, it can be as simple as bringing neighbors together, raising concerns, and working together to solve problems.
If you as a group choose to raise funds, you don’t need to be involved in any complicated legal processes – in most cases , opening a joint bank account with a few listed people is all it takes to collect money from members and use it for whatever as the association deems necessary (although you may wish to consult with a tax specialist).
What problems can the association solve? Almost anything:
- Rights verification. If your landlord refuses to make repairs or otherwise ignores your rights as a tenant , group action, including organized rent strikes, can be an effective way to get their attention.
- legal action. Individual tenants may not be able to sue their landlords because of problems, but a tenant association can pool resources and fight collectively for tenants.
- direct interventions. There are stories of tenant associations physically intervening when landlords attempted to illegally evict or illegally enter an apartment to intimidate tenants.
- Sales negotiations. If your building is for sale, in many areas the owner is required to negotiate with the tenant association, giving tenants the option to buy the building themselves (turning it into a condominium or co-op) or at least have a say in the terms of the sale, which can result in additional improvements and amenities. Even if there is no legal requirement to involve a tenant association, potential property buyers will be more accommodating to the wishes of tenants if there is an organized response to the purchase.
During a rent strike—when tenants stop paying rent in protest to force their landlord to meet their obligations—tenant associations often collect rent from members and withhold it until their goals are met. While this is a powerful tool in the fight for tenants’ rights, it is very important that the tenants’ association consult with an attorney and ensure that these funds are properly handled.
good neighbors
The creation of a tenant association also breaks down barriers between neighbors. Knowing who else lives in your home and interacting with your fellow tenants provides opportunities to help each other in many ways, and having a structure for those interactions—even something as simple as an internet forum or email list—can bring huge benefit. the difference in resolving disputes and resolving problems before they turn into simmering feuds or years of battles.
Ultimately, the tenant association changes the balance of power in the rental situation. Typically, landlords and their agents—usually property management companies—have full power over maintenance, repairs, rent, and eviction. Even if you don’t have any specific issues in your building, organizing a tenant association gives you and your fellow tenants more of that power by focusing pressure and expanding the scope of actions you can take to assert and protect your rights as a tenant.
If you think a resident association would be helpful in your building, your first step is to look into local laws that may apply. Then making a list of problems that an organized group could solve, contacting your neighbors to gauge interest, and organizing a building-wide meeting are good first steps towards empowering yourself and your neighbors .