What would a Tenant Bill of Rights look like? Here's what lawmakers are proposing

In her day job as a tenant organizer for Reclaim Rhode Island, Rep. Cherie Cruz, D-Pawtucket, has witnessed a pattern when investors swoop in and buy run-down rental properties.

"They jack up the rent, and then when tenants ask for ask for repairs, they start to systematically evict," she said. "It's buy, rinse, repeat."

Renters make up 38% of Rhode Island households. To truly address the housing crisis, the state needs to establish stronger protections for tenants, Cruz and other progressive lawmakers believe.

"A lot of folks have kind of ignored the issue of tenants' rights in the quest to build more housing," observed Sen. Tiara Mack, D-Providence. While housing production is "super important," apartments going up today won't be available for lease until 2026, "and we need to meet the needs of the current housing crisis."

Cruz and Mack — both renters themselves — are among the lawmakers proposing a slate of legislation known as the Tenants' Bill of Rights, which addresses issues ranging from code enforcement to bed bugs to retaliatory evictions. (Most were components of a comprehensive tenants' rights bill that Mack previously sponsored, but will now be introduced as standalone legislation in the Senate as well as the House.)

The proposed bill of rights "tilts the balance of power away from abusive landlords and back to working-class Rhode Islanders," Reclaim tenant organizer Shana Crandell said in a statement. Small landlords already "are much more likely to already respect these tenant rights," she noted.

Here's an overview of what the legislation would do:

Guaranteeing legal counsel for evictions

H7957, sponsored by Cruz, would guarantee that people facing eviction have the right to legal representation.

Tenants who complain about unsafe or uninhabitable conditions routinely face retaliatory evictions, but may not have the resources to fight back, Cruz explained.

Mack noted that low-income tenants can currently get free legal counsel through a program paid for with American Rescue Plan Act dollars, but funding for that program isn't included in the governor's budget proposal for the upcoming year.

Addressing substandard conditions

H7987, introduced by Cruz, would require tenants to be notified if inspectors determine that their building isn't up to code, or their landlord is facing related court action.

Currently, the law puts the onus on landlords to give tenants that notice, Cruz said. That virtually never happens — leaving tenants in the dark about unsafe conditions in their own homes.

S2413, introduced by Mack, would also ban landlords from renting apartments that they know or "reasonably suspect" to contain bedbugs. It would also require landlords to pay for inspection and treatment if bed bugs are found.

Creating framework for tenants' unions

H7962, introduced by Rep. David Morales, D-Providence, would outline the process for tenants to form unions to address problems in their buildings.

Renters have had the right to organize since 1986, Mack said, but there's nothing in state law that explains where those unions are supposed to register, or how they can bring forward complaints.

When tenants can work together as a united group, "you’re going to a see a shift in power dynamics," Cruz predicted.

Establishing a 'right to purchase'

Forthcoming bills in the House and Senate would give tenants the right of first refusal to purchase a property at market-rate prices if the owners decide to sell it. Tenants could also transfer that right to someone else, including a nonprofit or public housing agency.

"Large corporation and hedge funds are coming in and buying multi-family properties and single families against working families who often don't have the capital to compete," Mack explained. She described the legislation as a way to "allow current Rhode Island residents to have more purchasing power."

Limiting rejections based on credit or criminal history

S2438, introduced by Sen. Meghan Kallman, D-Pawtucket, would only allow landlords to consider the past three years of a tenants' credit history as part of a rental application.

Additionally, only serious crimes such as murder, sexual assault, and robbery that took place in the past 10 years could be taken into account, unless there are extenuating circumstances. Landlords would not be able to reject tenants on the basis of arrests or charges that did not result in a conviction.

Prohibiting eviction without 'just cause'

H7960, introduced by Cruz, would require "good cause" — such as illegal activity, nuisances, and damage — as a condition for an eviction. Unpaid rent would not count if the price has increased by more than 4%.

Mack and Cruz both said that the goal is to protect renters who are forced to live on month-to-month leases and could receive a 30-day eviction notice at any time, as well those being hit with dramatic rent increases.

"This really just gives people stability to live their lives," Cruz said.

This article originally appeared on The Providence Journal: Lawmakers push Tenant Bill of Rights amid rising evictions in RI