About 35 percent of the U.S. population lives in a rented accomodation, according to the White House. That amounts to about 44 million households. Many of these people are subject to the ongoing rental affordability crisis: Costs are "soaring at the fastest pace in more than three decades," writes Bloomberg. This, combined with a shortage of properties, is "giving landlords the leverage" to increase rents. Eviction bans have also lapsed, and evictions are on the rise.
The Biden administration recently announced new federal actions to protect renters as rent prices continue to climb. The announcement is part of a larger plan to protect access to safe, affordable housing that includes a proposed blueprint for a renters' bill of rights. Though there isn't a set of federal laws that control the rental market, renters are still protected by various state and local ordinances. Here are six rights that renters already have.
The only federal law that protects tenants' rights in the U.S. is Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act. The law, and its 1988 amendment, prohibits landlords and rental companies from denying prospective renters housing based on race, religion, sex (including gender and sexuality), age, nationality, family status, or physical disability. It ensures that tenants have fair and equal access to safe and habitable rentals. The Fair Housing Act also makes it illegal to refuse to make reasonable accommodations or modifications for people with disabilities, such as installing ramps. Additionally, HUD enforces Titles II and III of the Americans with Disabilities Act, which prohibits discrimination based on disability by public and private entities that lease places of public accommodation.
Similarly, the Violence Against Women Act protects renters from discrimination if they are survivors of domestic or dating violence, sexual assault, or stalking. The name of the law is a misnomer, as it applies to any survivor "regardless of sex, sexual orientation, or gender identity." When Biden reauthorized the law in March 2022, Congress required HUD to enforce and implement the act's housing provisions. Tenants can lodge complaints of housing discrimination with HUD's Office of Fair Housing and Equal Opportunity, which enforces the housing discrimination laws at the federal level. If you are denied housing due to your credit history, you have the right to submit a written request for an explanation from the landlord, per the Fair Credit Reporting Act of 1970.
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Right to a safe and clean home
Most state and local governments require landlords to provide tenants with a habitable residence. To meet the "implied warranty of habitability," landlords must comply with health and safety codes. That means renters have the right to live in a safe, clean home with functioning heat, utilities, and water systems. "Your landlord is required to make any necessary repairs to keep your unit in reasonable condition while you live there," writes former attorney Brette Sember for LegalZoom. Depending on the local and state codes, the warranty of habitability could include exterminating pests, keeping common areas clean, maintaining elevators, disclosing the presence of lead-based paint in buildings built before 1978, and taking precautions against criminal activity.
Renters also have a right to privacy in the homes they lease, which means they have to receive reasonable notice from landlords or property managers before entering unless it is an emergency. "Landlords are not entitled to go through your unit and belongings at will," legal information website Justia.com explains. Some state laws entitle renters to between 24- and 48-hours notice for maintenance or any other property visits, while others only require the notice to be reasonable. Your lease might outline different situations for which the landlord may enter the apartment after giving notice, such as showing the apartment to prospective tenants or buyers. Sometimes, if an inspector or police officer requests access to the apartment, the landlord may accompany them without the tenant's consent. "Inspections sometimes lead to fees," Justia.com says, "especially if the inspector finds a violation."