Abstract
As policy proposals for tenant protections are debated nationwide and often struck down, tenants continue to live in dangerous conditions that our legal system is ill equipped to redress. Code enforcement is ineffective, and depending on the state, the implied warranty of habitability leaves tenants without recourse to compel their landlord to make necessary repairs. In response to persistent disinvestment of building maintenance, as well as eviction and rent spikes, a resurgence of tenant organizing is spreading across the United States. Though the struggle for adequate housing for low-income communities is not historically unique, the worsening conditions that have accompanied the rise of corporate landlords, as well as the emergence of a federal Tenant Union Federation—a “union of tenant unions”—have precipitated a new wave of coordinated action.
The government has created enforcement mechanisms to penalize landlords who fail to maintain habitable living conditions in their rental units. These include sanctions for housing code violations as well as tenant remedies like rent abatement. These laws are underenforced. Tenant organizing compensates for this gap by waging campaigns that demand landlord accountability.
Considering the essential role that organizing plays in trying to enforce habitability, this Article outlines recommended policies that should be adopted at the federal, state, and local level in order to protect tenants’ right to organize. Using the only organizing statute enshrined at the federal level, the National Labor Relations Act, as a model, this Article draws parallels between the tenants’ and workers’ rights movements, while also underscoring how their interests diverge.
Although federal, state, and local tenant protections continue to be systematically eroded, organizers have found creative strategies to achieve victories, big and small. This Article seeks to contribute to the growing field of “movement law” by examining how grassroots organizations influence legal change through informal, community-driven strategies. Especially during times of political retrenchment and systematic attacks on poor and working-class communities, organizing offers a way forward.
