APARTMENT ADVOCATE
NATIONAL APARTMENT ASSOCIATION
Standing Strong for the Rental Housing Industry
NAA ’ s response to the White House Blueprint for a Renters Bill of Rights .
Spurred by the launch of the Biden- Harris Administration ’ s White House Blueprint for a Renters Bill of Rights ( the Blueprint ) in January 2023 , the National Apartment Association ’ s ( NAA ) federal regulatory advocacy work , bolstered by the active engagement of its members , has reached new levels over the past year . From in-person advocacy to robust rulemaking responses , NAA ’ s efforts are amplifying the voice of housing providers nationwide and standing strong for an industry that houses more than 40 million renters .
As the Blueprint surpasses its first anniversary – and its formal opportunities for public comment come to a close – NAA continues to utilize every opportunity to ensure the industry ’ s voice is heard before the White House and agencies before they announce any changes to federal housing policy . Here are the top takeaways for rental housing owners and operators .
NAA STOPS EXPANSIVE EXECUTIVE ORDER
In the months before the Blueprint was announced , both renters ’ advocates and rental housing industry coalition partners met with White House officials as they sought to develop a concrete plan to advance President Biden ’ s housing agenda . Over several months , NAA engaged in good faith efforts with the White House , explaining the operational realities of rental housing and opposing federal intervention into the highly localized landlord-tenant relationship . With certainty , NAA ’ s advocacy helped avert a sweeping and expansive executive order proposed by renters ’ advocates that would have resulted in immediate , binding policy changes , such as :
• Federal Rent Control — limiting rent increases in federally backed or federally assisted housing to 1.5 times the Consumer Price Index or 3 %, whichever is lower .
• National Right to Lease Renewal for Tenants — implementing “ just cause eviction ” requirements for federally backed and federally assisted housing that eliminates housing providers ’ right to nonrenewal and allows termination of tenancy only by court order .
• Federal Penalties for Noncompliance with the CARES Act ’ s 30-day Pre-Eviction Notice Requirement — monitoring of federally-backed properties for noncompliance and referring noncompliant housing providers to relevant federal and state agencies for enforcement actions .
• Initiation of a Federal Trade Commission investigation into rental price setting — intending to identify so-called “ rentgouging ” practices that constitute unfair , deceptive and anticompetitive practices that inhibit market power .
• Prohibiting rental housing fees that inflate housing costs while adding little to no value to tenants — including application and screening fees , security deposits and failure to disclose utility costs .
Instead , the White House announced three actions to advance the President ’ s housing agenda in the rental market in January 2023 . The actions included :
1 . Unveiling the Blueprint , which lays out the direction that President Biden prefers to guide future housing policymaking at all levels of government .
2 . Proposing more than 20 federal agency actions intended to increase fairness in the rental market and further principles of fair housing .
3 . A call-to-action to state and local governments to adopt laws that align with the Blueprint ’ s principles .
4 . Launching a Resident-Centered Housing Challenge , a voluntary call-to-action for housing providers and stakeholders to improve the quality of life for renters .
The actions ultimately unite around five key principles meant to shift what the White House views as a power imbalance between housing providers and their residents in the rental market but are notably nonbinding and did not constitute any immediate policy change . Rather , they direct agencies to consider future rule changes that urge renters to have access to :
1 . Safe , Quality , Accessible and Affordable Housing
2 . Clear and Fair Leases
3 . Education , Enforcement and Enhancement of Renter Rights
4 . The Right to Organize 5 . Eviction Prevention , Diversion and Relief
LEADING THE WAY THROUGH RULEMAKING
Over the past year , the White House and federal agencies – including those that typically interact with housing policy and those that do not – have begun taking steps as directed in the Blueprint . Primary actions in 2023 and into the early months of 2024 included “ requests for input ” and “ notices of proposed rulemaking ” by several agencies , which guarantee a forum for public comments as agencies contemplate new rules .
As agencies have moved through this process , NAA has remained engaged with every potential action that could impact industry operations . While the following is far from a comprehensive list of all the Blueprint ’ s actions , it provides an overview of the most pertinent actions thus far as well as the work NAA has done to support members across the country .
NAA ' S RESPONSE TO BLUEPRINT AGENCY ACTIONS
RESIDENT SCREENING
• Agency Action : The Federal Trade Commission ( FTC ) is exploring ways to act against unfair practices that prevent consumers from obtaining and retaining housing . This began with a joint request for information with the Consumer Financial Protection Bureau ( CFPB ) to help identify related practices and advise enforcement and policy actions .
30 | TRENDS MARCH 2024 www . aamdhq . org