Provide Housing Protections for Low-Income Families

What Can Policymakers Do?

• Mandate tenant-focused, safe and reasonable code enforcement. State policymakers should require that city agencies enforce appropriate housing codes in a way that achieves the community’s goal of safety while allowing for ongoing affordability. By enforcing housing codes and the subsequent property improvements, states can retain affordable housing units that could be lost to attrition because of a lack of sufficient maintenance.[1] Some states are implementing alternative building codes that adapt the level of regulation to the scope of rehabilitation; more extensive rehabilitation requires stricter compliance with modern building codes, while less extensive rehabilitation triggers only those modern codes that are associated with ensuring residents’ safety. State code in New Jersey provides a sliding scale for determining when and to what degree buildings must be updated.[2]

• Support rent control and rent stabilization policies. Rent regulation is a good way for policymakers to protect affordable housing options for families in the private market. By maintaining or implementing policies that support rent regulation, policymakers protect tenants in privately-owned buildings from excessive rent increases, while allowing owners to maintain their buildings and make a reasonable profit. New York State’s Office of Rent Administration Operations and Services provides guidance and information as well as the administration of the state’s rent regulations.

• Support policies providing tax relief and assistance. By implementing tax relief and assistance policies, states can help low-income homeowners maintain housing through tax benefits and financial supports. Low-interest loans and grants for home maintenance programs and deferring payment of property tax increases for low-income elderly residents due to gentrification are examples of tax relief and assistance measures. Several states offer property tax exemptions for low-income senior citizens. Washington State offers a program to exempt low-income senior citizens and low-income disabled persons from property taxes. Additionally, S. B. 5256 excluded veterans’ disability, dependency and indemnity compensation benefits from the calculation of disposable income when determining eligibility for tax relief programs.

• Implement eviction protection and prevention laws. In addition to eviction protection from reporting code violations, some states have “just cause” laws that allow landlords to evict tenants only for specific reasons such as breach of lease or non-payment of rent. Just cause laws help to provide residential stability for renters. In addition, several states are implementing eviction protection laws to support tenants living in properties under foreclosure. State laws protecting tenants at foreclosure are important since federal renter protections expire in 2014. Colorado HB 1227 makes it a criminal offense for property owners to collect rent from tenants after foreclosure and sale of the property. Illinois S.B. 258 provides that tenants who are current on their rent payments must be permitted to remain in their home for at least 120 days following the notice of the property’s foreclosure. Delaware SB 141 requires that the landlord of a rental property communicate all future rent increases clearly in the rental agreement.[3]

• Expand foreclosure prevention strategies. State policymakers can protect low-income and elderly homeowners during the continued home foreclosure crisis.