Durham tenants’ success in lobbying the city council to prohibit landlords from collecting rent if housing is dangerous or unhealthy has sparked interest from tenants in other cities who want to add teeth to their housing codes.
Tenants’ groups in Asheville, Carrboro and Wilmington are among those now considering asking their local elected officials to make changes to minimum housing codes similar to the ones adopted in Durham.
Under the Durham ordinance, which is modeled after one in Charlotte, landlords can be charged with a misdemeanor if they collect rent on housing that has immediately dangerous conditions such as rotted or damaged structural supports, unsafe wiring, unsafe roofs, no potable water supply or no operational heating equipment in cold months, among other violations.
Durham’s success “brought a lot of good energy,” CR Clark with the Triangle Tenant Union told NC Newsline. “I think other folks around the state with local chapters of the N.C. Tenants Union are excited and want to do the same thing in their city to increase protections and increase the minimum housing code.”
When asked about the Durham ordinance’s impact, Clark said it has been used as a “pressure mechanism” and reminder to landlords that many common concerns are now covered by the ordinance.
“For the residents, it’s been a tool for them to get the landlord to take notice on some of the most critical issues,” Clark said. “We have seen some moves to do more repairs, do more cleaning, in some of our properties.”
The Town of Pittsboro also has a similar ordinance in place.
The change to the Durham ordinance doesn’t mean tenants can legally withhold rent. Under state law, tenants must continue to make rent payments even if a landlord doesn’t make repairs.
“If you do withhold your rent, your landlord is allowed to file an eviction against you, and then you’re at the mercy of the court,” said Shray Shetty, an attorney at the N.C. Justice Center.
However, the ordinance does give tenants leverage if they find themselves in eviction court or if they sue a landlord who doesn’t make required repairs, Clark stressed. If a tenant wins a case against a landlord who does not make repairs, the tenant can be eligible for damages of up to three times the rent, he said.
The ordinance can also work in favor of a tenant facing eviction, Clark said. If, for example, a tenant spent money for medical care for an illness caused by one of the conditions in the ordinance, the tenant can make that case in court, he said.
“The tenant would be able to point to the health violation as her defense,” Clark said.
In North Carolina, landlords are generally required to make pairs to keep rental units safe and habitable. The Durham ordinance adds additional tenant protections by making it illegal for landlords to collect rents if they are not following the law.
“What the ordinance does is sort of restrict what the landlord who has been found in violation of the code can do, which is collect rent,” said Peter Gilbert, director of litigation at the N.C. Justice Center.
The N.C. Tenants Union hosted a meeting last week to discuss Durham’s ordinance and strategies to help tenant organizations craft and present similar proposals.
In an interview with NC Newsline, Jen Hampton, an organizer for the Asheville Area Tenants Union, said what happened in Durham was inspiring. Her group is working on amendments to potentially present to the Asheville City Council.
Hampton said her group would consider adding mold to its proposal because it became a big concern for tenants after Hurricane Helene. The housing code in Asheville doesn’t regulate mold.
Hampton noted major concerns at Evergreen Ridge Apartments in East Asheville, which has received lots of media attention for its mold problems.
“I had so many residents invite me into their apartments to show me all the mold in the ceilings and in closets and just on the walls and the baseboards and the doors,” Hampton said. “Several people have documentation from their doctors that they’re having serious health issues due to the mold.”
Evergreen Ridge Apartments did not respond to NC Newsline’s requests for comment.
At the meeting, Rachel Wyse, an Evergreen Ridge tenant, said the mold is a safety hazard, “and the fact that it’s not listed as a safety hazard in our minimum housing ordinance is either an enormous oversight or a giant gift to landlords in Asheville.”
Evergreen Ridge’s owners and managers shouldn’t be let off the hook because the apartment is for low-income residents, Wyse said.
“Just because we’re poor doesn’t mean that we deserve less dignity or less safe housing,” she said. “We deserve the same level of safety that anybody else has in our housing, and allowing landlords to get away with not dealing with the mold issues that are literally negatively impacting our health is unacceptable.”