Recent Developments and Initiatives

In a bid to bolster the rights and security of renters, the Biden Administration has put forth a series of proposed measures to provide vital protections. These initiatives aim to enhance fairness in the rental market and create a more equitable housing landscape for all stakeholders involved. Recent developments through the Federal Housing Finance Agency (FHFA) indicate progress in this area, as the administration has taken proactive steps to request input on multifamily tenant protections.

Proposed Protections for Renters

Bloomberg highlights some of the protection measures that the White House is bringing forward:

• Standardized Rental Leases: The introduction of standardized rental leases aims to provide clarity and consistency in rental agreements, benefiting both tenants and landlords.
• Grace Periods for Late Rents: Proposed grace periods for late rent payments would provide tenants with additional time to fulfill their rental obligations without facing immediate consequences.
• Right to Counsel for Tenants: Recognizing the vulnerability of tenants facing eviction, the administration seeks to ensure access to legal representation to help protect their rights during eviction proceedings.
• Sealing of Eviction Records: The sealing of eviction records would help prevent these records from negatively impacting a tenant’s future rental opportunities.
• Ending Discrimination Against Affordable Housing Voucher Holders: The administration is preparing to initiate a nationwide effort to tackle discrimination against individuals holding affordable housing vouchers, specifically addressing bias based on their income sources.

Existing State-level Protections

According to a survey done by Freddie Mac Multifamily, here are some tenant protections that have already been implemented:

• State-wide limits on rent increases: California, Oregon, and New Jersey have implemented state-wide restrictions on rent increases to ensure affordability for tenants.
• Notice of Rent Payments: Forty-four states require landlords to notify tenants of rent payment defaults before the landlord can begin eviction.
• Prohibition of certain landlord practices: Seven states have laws to protect tenants’ privacy and ensure fairness in the screening process, as specific background information, such as criminal history, is safeguarded and cannot be used against renters.

Industry Reactions and Perspectives

National Association of Home Builders (NAHB):

During a meeting with the FHFA, NAHB expressed opposition to the inclusion of rent control measures and source of income protections in Fannie Mae and Freddie Mac mortgages. The organization highlighted the importance of increasing housing supply and raised concerns about challenges related to construction, operation, and regulatory costs.

National Multifamily Housing Council (NMHC):

NMHC acknowledged working with the administration on resident-centered housing challenges but expressed disappointment with potentially “duplicative and onerous regulations.” The council emphasized that addressing the housing shortage requires incentives rather than burdensome regulations.

Tenant Advocacy Organizations:

Some tenant advocacy organizations criticized the proposals, arguing that the suggested changes were not enough to protect tenants’ rights and ensure fairness in the rental market.