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Renting a place to live has become increasingly fraught in this country. Long-term renting is often paradoxically more expensive on a monthly basis than paying down a mortgage, putting people in the position of being told by banks that they can’t get a mortgage despite clearly being able to cover the monthly bill. And rents are high nationwide, with the median rent hovering around $2,000 a month, and for the first time in history, the average renter is spending 30% of their income on rent, which classifies them as “rent burdened.”
Everyone’s situation is different, and renting isn’t fundamentally better or worse than owning a home—but renters do have one thing to contend with that homeowners don’t: Landlords. The folks who own the property you’re renting have a disproportionate amount of power over your life. They can neglect basic repairs, attempt to raise your rent in a punitive fashion, and even try to drive you out of a legally rented apartment when it suits them.
Many of these negative actions are illegal, of course, but if you’re barely affording rent in the first place, it’s easy to feel powerless against an uncaring or aggressive landlord. And even if your landlord is a conscientious and well-meaning owner, buildings get sold and new ownership may have a completely different view of the future of your property. But as with many other situations in this world, there is power in numbers. If your rental situation isn’t ideal, you should look into forming a tenant association.
Collective bargaining
A tenant association is basically a renter’s union that is localized to your building. Federal law protects your right to form a tenant association, prohibits landlords from taking any sort of retaliatory action against tenants doing so, and even specifies that tenants have the legal right to gather in common areas of their buildings, like lobbies, to hold meetings.
There are no legal requirements around forming a tenant association. Just calling a meeting of tenants and agreeing on collective action is all it takes. While some tenant associations create a formal structure, electing officers and collecting funds from members, it can be as simple as linking neighbors together, making them aware of issues, and working together to solve problems.
If you do decide as a group to collect funds, you don’t need to engage in any complex legal processes—in most cases, opening a joint bank account with several people listed is all that’s necessary to collect money from members and use it for whatever the association deems necessary (though you might want to consult with a tax professional).
What kind of problems can the association address? Just about anything:
- Affirming rights. If your landlord is refusing to make repairs or otherwise ignores your rights as a tenant, group action—including organized rent strikes—can be an effective way of getting their attention.
- Legal actions. Individual renters may not be able to afford to sue their landlords over problems, but a tenant association can pool resources and go to bat for tenants collectively.
- Direct interventions. There are stories of tenant associations physically intervening when landlords attempt illegal evictions or illegal entry into apartments in an effort to intimidate renters.
- Negotiating sales. If your building is up for sale, in many areas the owner is required to negotiate with a tenant association, giving renters the opportunity 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 extra improvements and amenities. Even if there’s no legal requirement to involve a tenant association, prospective buyers of the property will be more amenable to the tenants’ desires if there is an organized response to the purchase.
When engaging in a rent strike—when tenants stop paying rent as a form of protest in order to pressure their landlord to make good on their responsibilities—tenant associations often collect rent from members and hold it until their goals have been met. While this is a powerful tool when fighting for tenant’s rights, it is essential that the tenant association consult with an attorney and ensure that these funds are handled properly.
Good neighbors
Forming a tenant association also breaks down barriers between neighbors. Knowing who else lives in your building and interacting with your fellow renters offers opportunities to help each other out in many ways, and having a kind of structure to those interactions—even something as basic as an internet forum or email list—can make a huge difference in resolving disputes and solving problems before they turn into simmering feuds or years-long battles.
Ultimately, a tenant association shifts the balance of power in a rental situation. Normally, landlords and their agents—typically management companies—hold all the power over maintenance, repairs, rents, and evictions. 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 increasing the scope of actions you can take to affirm and defend your rights as a renter.
If you think a tenant association would be helpful in your building, your first step is to investigate the local laws that might apply. Then, compiling a list of issues that an organized group could tackle, contacting your neighbors to gauge interest, and organizing a building-wide meeting are good first steps toward empowering yourself and your neighbors.
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