Tenants’ Right to Organize Act
Tenants’ Right to Organize Act would, for the first time in a broad, codified form, grant tenants in certain federally assisted housing programs a protected right to form and participate in legitimate tenant organizations. The bill applies to public housing (via the Housing Act) and to LIHTC properties (via the Internal Revenue Code). It requires housing agencies and owners to recognize and engage with tenant organizations, prohibits retaliation for organizing activities, and sets clear permissible activities tenants may undertake (like distributing information, surveys, meetings, and speaking to the public or officials). It also creates enforcement mechanisms, including a federal/private right of action, and would fund tenant outreach, capacity building, and resident councils. The overarching goals are to improve tenants’ ability to influence living conditions, governance, and rent-related decisions, while providing support and a formal process to handle complaints or violations. Key accompanying provisions include annual notice of organizing rights, a presumption of retaliation for adverse actions within a 180-day window after protected activity, and a new LIHTC-related entitlement ensuring tenants in applicable projects have the same rights as public housing tenants. The bill also directs government agencies to establish enforcement protocols, expand funding for tenant services and training, and provide ongoing financial support to resident councils.
Key Points
- 1Right to organize for public housing tenants.
- 2- Adds a formal right for tenants to establish, operate, and participate in legitimate tenant organizations concerning tenancy terms, housing conditions, and community development.
- 3- Permits tenants to speak publicly (media, officials, agencies) about housing conditions and codes, with protections against retaliation.
- 4Required engagement and protections for PHAs and owners.
- 5- Public housing agencies must recognize legitimate tenant organizations, solicit and consider feedback, provide written responses within set timeframes, and seek resident advisory board appointments.
- 6- Owners must recognize tenant organizations, consider concerns, and allow organizers to assist tenants; certain activities (leaflet distribution, surveys, meetings, posting notices) are protected.
- 7Clear definitions and protections.
- 8- Protected activities include distributing leaflets, door-to-door surveys, meetings in accessible on-site spaces, speaking publicly, and more.
- 9- A rebuttable presumption of retaliation applies if an adverse action occurs within 180 days of a protected activity.
- 10- Definitions cover what constitutes an “adverse action,” a “legitimate tenant organization,” and a “tenant organizer.”
- 11LIHTC tenant organizations (Section 42)
- 12- Extends the same tenant rights to qualified low-income housing projects (applicable projects) and requires owners and State housing credit agencies to meet comparable standards.
- 13- Annual notice of the right to organize; lease documents may need to include language affirming the right to organize.
- 14- Applies to projects placed in service after enactment or certain older projects meeting specified criteria.
- 15Enforcement framework and private rights of action.
- 16- HUD, in coordination with Treasury, must establish an enforcement protocol within 1 year, including a complaints mechanism, independent investigations, confidentiality protections, and potential referrals to fair housing offices.
- 17- Tenants may file lawsuits to enforce rights, including for injunctive relief.
- 18- Quarterly reporting to Congress on complaints, response times, and enforcement data.
- 19Funding for tenant participation and capacity building.
- 20- Creates outreach and technical assistance grants to help tenant groups and train tenants, funded through a new grant program.
- 21- Eligible entities are independent nonprofit organizations with experience assisting tenants.
- 22- Includes expedited funding, flexible grants, and required reporting on use of funds.
- 23Funds for resident councils.
- 24- HUD must provide each resident council with $40 per unit per year (adjusted for inflation) to support their operations, within a year of enactment and annually thereafter.