Washington's Renting Crisis by WCAN

WASHIN GTONâ&#x20AC;&#x2122;S RENTING CRISIS

January 2019 1

Authors: Margaret Diddams, PhD., Xochitl Maykovich Contributors: Ashley Cormier, Erin Fenner, Peter Houck, Amy Kangas Sebastian Stock, Shajuanda Tate, Yuan Ting, Ariana Vallejo, Edmund Witter

Washington Community Action Network fights for racial, social, gender, and economic justice in Washington state and our nation. With over 44,000 members, Washington CAN is the stateâ&#x20AC;&#x2122;s largest grassroots community organization. We believe that we can only achieve our goals when people become involved and take action for justice. www.washingtoncan.orgâ&#x20AC;Š

TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................4 RESEARCH METHODS ......................................................................................6 THE EXPERIENCES OF WASHINGTON RENTERS ...............................................7 Barriers to Accessing Housing ....................................................................................7 Living at a Rental .....................................................................................................15 Leaving Housing ......................................................................................................19 POLICY RECOMMENDATIONS .......................................................................24

EXECUTIVE SUMMARY

The growing housing crisis in Washington is forcing thousands of tenants into unstable housing or out of housing entirely. In order to better understand the challenges renters face, Washington Community Action Network surveyed more than 800 tenants throughout the state. The results revealed that tenants across the state struggle with rent increases, evictions, and other renting problems. From the survey, we found:

● Nearly three-quarters of respondents rated Washington housing as unaﬀordable. ● The vast majority of respondents (90.1%) cited high move-in costs as a barrier to accessing housing. ● Credit and eviction checks were the second most commonly reported barriers to moving, impacting the majority (55.4%) of all respondents. ● Seventeen percent (16.8%) of respondents reported criminal background checks prevented them from accessing housing in Washington. ● One-fifth of respondents (19.4%) moved in the past two years because of the rising housing costs. Of these respondents, the majority (65.7%) lived in non-Seattle Western Washington, followed by Seattle respondents (27.1%) and Eastern Washington respondents (7.2%). ● Almost one-third (31.0%) of respondents have been charged late fees by their landlords. ● Twelve percent (12.0%) of respondents have seen their landlord frequently change the terms of their lease. Of these individuals, 52.0% said the changes resulted in fewer tenant rights. ● Over a quarter of respondents (28.7%) received a monthly rent increase of $251 or more. Respondents of color experienced greater rent increases on average than white respondents: 35% of people of color experienced a rent increase above $251, compared to only 26% of white respondents. ● Of respondents without roommates, 57.0% reported they would have been better able to aﬀord their rent if they had a roommate; however, 35.0% of all respondents’ landlords restricted them from adding people to the lease. ● The majority (57.6%) of survey respondents reported substandard housing conditions in their most current rental unit. Of people paying $0-$1,500 in rent, 61.0% had problems with conditions of their unit, compared to 43.0% of people paying $1,501-$2,250 in rent. Respondents of color were more likely than white respondents to report problems with the conditions of their unit: 66.0% of tenants of color experienced problems with their unit, compared to 55.0% of white tenants. Transgender / genderqueer respondents were much more likely to experience problems with the conditions of their unit compared to cisgender

respondents: 77.0% of trans tenants experienced problems with their unit, compared to 55.0% of cis-men and 56.0% of cis-women. ● Nearly a fifth of respondents (16.6%) reported an eviction - nearly five times the rate of evictions nationwide1. In the survey, non-Seattle Western Washington respondents were most likely to face eviction (17.5%), followed by Eastern Washington respondents (13.5%) and Seattle respondents (7.8%). ● Of the respondents facing eviction due to nonpayment of rent, 70.3% were behind one month or less on their rent. The report quantified a reality that many Washingtonians understand: renting is becoming more expensive and precarious. Often, they are stuck in bad living situations. In order to fully address Washington’s housing crisis, we need both state and local governments to strengthen tenant protections.

Salviati, Chris. “Rental Insecurity: The Threat of Evictions to America’s Renters.” Apartment List. 20 October 2017. <https://www.apartmentlist.com/rentonomics/rental-insecurity-the-threat-of-evictionsto-americas-renters/> 1

RESEARCH METHODS

Washington Community Action Network created a survey to better understand the experience of renters in

order to assess both the extent of the housing crisis and the specific types of experiences

tenants in Washington state face. We used a research method that included both statistical review of the problem and anecdotes to put these statistics into context. The driving research questions in this study are as follows: 1. What are the barriers tenants face accessing housing? 2. What happens to renters while they are living in a rental? 3. What causes eviction and what is the impact of eviction? A self-administered survey was designed to answer these research questions. The survey was conducted online and as an in-person, self-administered survey, with multiple choice, ordinal scale, and open-ended questions. The variety of question formats enables both a quantitative and qualitative analysis and helps to provide an evidence-based explanation of the statistical results. Survey respondents were recruited through snowball sampling via in-person contacts, email, and social media from June 4, 2018 to June 18, 2018. Outreach was targeted towards renters throughout the state, therefore demographics of this survey closely matched the overall demographics of Washington. We surveyed a total of 891 renters throughout Washington, including individuals living in rural, suburban, and urban areas. To best understand the data, we also reviewed other research, as well as state and city laws, to get the clearest picture of renting in Washington.

THE EXPERIEN CES OF WASHIN GTON RENTERS

BARRIERS TO ACCESSING HOUSING Renters throughout Washington face a variety of barriers accessing housing including high rental costs, strict tenant screening criteria, and the large amount of upfront costs required to move into a rental. Tenants throughout the state struggle to maintain housing stability. For example, one respondent, a 45-year-old woman from Chimacum, WA, reported becoming homeless because she “couldn’t find anything [she] could afford.”

COST OF RENT The national supply of affordable rental housing has diminished since the Great Recession. This trend is likely to worsen, as low-rent units disappear, and contracts for subsidized units expire.2 The shortage of affordable housing is significant; nationwide, for every 100 households with extremely lowincomes, there are only 35 affordable and available rental units. In Washington, this number is even worse: there are only 29 affordable and available rental homes for every 100 renter households with extremely low-incomes.3 Survey respondents were asked to rate housing affordability on a scale of 1 to 5, with 1 being “very unaffordable” and 5 being “very affordable.” More than half (54.5%) of respondents reported rated housing affordability as a 1, followed by 19.8% rating it 2, 15.8% rating it 3, 3.0% rating it 4, and 6.9% rating it 5. Veterans who served after 9/11 have a harder time accessing affordable housing than their nonveteran counterparts.4 For example, one interviewee, a veteran with children, reported having to move “The State of the Nation’s Housing 2018.” Joint Center for Housing Studies of Harvard University. 2018. <http://www.jchs.harvard.edu/sites/default/files/Harvard_JCHS_State_of_the_Nations_Housing_2018.pdf> 2

“The Gap: A Shortage of Affordable Rental Homes.”National Low Income Housing Coalition. 2017.

Popov, Igor. “The Housing Affordability Struggle of 21st Century Veterans.” Apartment List. November 2018. <https://www.apartmentlist.com/rentonomics/the-housing-affordability-struggle-of-21stcentury-veterans/> 4

out of the county he was living in after receiving a $1,600 rent increase notice. Additionally, for individuals with disabilities who receive Supplemental Security Income, rent often exceeds their income.5 The shortage of affordable housing is a widespread issue, and vulnerable groups are more likely to be impacted. One respondent, a 54-year-old Oak Harbor woman recovering from a medical illness, said, “I would like an affordable apartment or room in a house to rent. I don't want to live with my parents in a town where I can't find employment or get ahead. But many towns say they don't have rentals available.” In 2016, 45.6% of Washington renters were cost burdened, meaning they pay more than 30% of their income in rent.6 The city of Longview and the Olympia metro area had the largest rent-burden percentage in the state with 53.7% of renters devoting more than 30% of their income toward rent.7 Nationally, low-income renters are most likely to be rent-burdened. Eighty-three percent of renters earning less than $15,000 were cost burdened in 2016, while 77.0% of renters earning between $15,000 and $30,000 were also cost burdened.8 Although housing unaffordability and cost burdens can impact any and all renters, income and asset inequality exacerbate the housing crisis for non-white communities. In 2013, Black women earned 60.0% of white male earnings, and Latinas earned 55.0% respectively.9 Transgender people are four times more likely than the general population to earn less than $10,000 a year,10 and members of the LGBTQ+ community are more likely to be in poverty.11 Unsurprisingly, seniors, people of color, single-parent households, and individuals or households with disabilities are the most likely to be rent-burdened.12 In 2016, 55.0% of Black renters and 54.0% of Latinx renters were rent-burdened - a much higher percentage than the 43.0% of white renters who were rent-burdened.13 Fifty-five percent of households (55.0%) with a disability were rent-burdened, while 45.0% of households without disabilities were rent-burdened.14

Schaak, Gina, Lisa Sloane, Francine Arienti, and Andrew Zovistoski. “Priced Out: The Housing Crisis for People with Disabilities.” Technical Assistance Collaborative and Consortium for Citizens with Disabilities, December 2017. <http://www.tacinc.org/media/59493/priced-out-in-2016.pdf> 5

“Renter Cost Burdens, States.” Joint Center for Housing Studies of Harvard University. 2017. <http://www.jchs.harvard.edu/ARH_2017_cost_burdens_by_state_total> 6

“Renter Cost Burdens, Metropolitan and Micropolitan Areas.” Joint Center for Housing Studies of Harvard University. 2017. <http://www.jchs.harvard.edu/ARH_2017_cost_burdens_by_metro>

“America’s Rental Housing 2017: Rental Affordability.” Joint Center for Housing Studies of Harvard University. 2017. <http://www.jchs.harvard.edu/sites/default/files/ 05_harvard_jchs_americas_rental_housing_2017.pdf> 8

Current Population Survey, Annual Social and Economic (ASEC) Supplement: Table PINC-05: Work Experience in 2014 – People 15 Years Old and Over by Total Money Earnings in 2014, Age, Race, Hispanic Origin, and Sex. U.S. Census Bureau, 2014. <http://www.census.gov/hhes/www/cpstables/032015/perin/pinc05_000.htm> 9

Grant, Jaime, Lisa Mottet, Justin Tanis, Jack Harrison, Jody Herman, and Mara Keisling. Injustice at Every Turn: A Report of the National Transgender Discrimination Survey. Washington: National Center for Transgender Equality and National Gay and Lesbian Task Force, 2011. <http://www.thetaskforce.org/static_html/downloads/reports/reports/ntds_full.pdf> 10

Badgett, M.V. Lee, Laura Durso, and Alyssa Schneebaum. ”New Patterns of Poverty in the Lesbian, Gay, and Bisexual Community.” The Williams Institute. June 2013. <http://williamsintitute.law.ucla.edu/wp-content/uploads/LGB-Poverty-Update-Jun-2013.pdf> 11

Ibid.

Although there are subsidy programs designed to make housing more affordable for low-income individuals and families, these programs do not always meet the needs of the people who need the most help. The Low Income Housing Tax Credit (LIHTC) is the nation’s longest running program producing affordable rental units, but it falls short in helping the lowest-income renter.15 Despite setting aside units for persons who earn less than 30% of Area Median Income (AMI), on average, households living in LIHTC units have an income that is 60% AMI; the program has not been able to meaningfully assist households making 30% or less of the AMI without relying on additional subsidies. 16 In a state like Washington where incomes have increased drastically17, relying on AMI to determine rent makes LIHTC properties unaffordable for many low-wage workers or fixed-income renters. For example, in King County, the rent for a 60% AMI studio in a LIHTC property is $1,123 - far higher than the rent a minimum wage worker could afford. A recent study found that the number of households qualifying for housing assistance increased 24% between 2005 and 2015, but the number of households who received a HUD subsidy in this time increased by only 7.0%.18 Even if a renter receives a voucher, many Housing Choice Voucher Holders in Washington rarely find an affordable rental unit even with this subsidy. In Pierce County, only 29.6% of rental units are affordable to Housing Choice Voucher Holders; worse, in King County, only 12.5% of rental units are affordable to Housing Choice Voucher Holders.19 The impact of expensive housing reverberates beyond the lives of the individual renter. Areas with more rent-burdened households are likely to see an increase in homelessness.20 As a result of increasingly expensive housing, some renters relocate to more affordable areas, which effectively increases their transportation costs.21 A Marin County, California study found that the majority of the county’s workforce lives outside the county and must commute in for work each day – largely due to high housing costs. This impacts workers by increasing commute times, worsens traffic, and poses risks to business.22

Scally, Corianne Payton, Amanda Gold, and Nicole DuBois. “The Low-Income Housing Tax Credit: How it Works and Who it Serves.” Urban Institute. July 2018. <https://www.urban.org/sites/default/ files/publication/ 98758/lithc_how_it_works_and_who_it_serves_final_2.pdf> 15

Ibid.

https://www.google.com/url?q=https://www.ofm.wa.gov/washington-data-research/economy-and-labor-force/median-household-incomeestimates&sa=D&ust=1548196712512000&usg=AFQjCNG1sTcztrUnWZR2g7n-PXU5aJI39g 17

Kinglsey, G. Thomas. “Trends in Housing Problems and Federal Housing Assistance.” Urban Institute. October 2017. <https://www.urban.org/sites/default/files/publication/94146/trends-in-housingproblems-and-federal-housing-assistance.pdf> 18

Casey, Alexander. “Here’s Where Housing Assistance Falls Short.” Zillow Research. October 2017. <https://www.zillow.com/research/where-vouchers-fall-short-16793/>

Glynn, Chris and Alexander Casey. “Homelessness Rises Faster Where Rent Exceeds a Third of Income.” Zillow Research. December 2018. <https://www.zillow.com/research/homelessness-rentaffordability-22247/> 20

Hickey, Robert. “Miles from Home: The Traffic and Climate Impacts of Marin’s Unaffordable Housing.” The Non-Profit Housing Association of Northern California. February 2011. <https://nlihc.org/sites/ default/files/SIRR-CA-2011.pdf> 22

One respondent described being forced to move to Everett and commute to Bellevue for work and the impact the move had on her life: I had to commute to Bellevue every day and the hour and a half regular commute time caused stress & I was exhausted arriving home. My house would often go uncleaned & we would eat fast food too often. I gained weight & couldn't make it to the gym as often. Job opportunities and pay is lower in the Everett area and it is diﬃcult to find closer work to home. I miss living in the city, but do not see myself being able to ever aﬀord to move back or even find a job that could cover the needed 3x the rent to make it in the city. Even though I want desperately to live there again where all my social and community contacts are.

HIGH MOVE-IN COSTS According to state law, there are no caps on the amount a landlord may require of a tenant who is moving into a unit, which means a tenant could pay several months of rent to secure a spot. Many landlords require tenants to pre-pay the last month of rent and a security deposit in the amount of one month of rent, in addition to the first month of rent--totaling three months of rent. Further, some tenants have to pay administrative fees, cleaning fees, and other costs upfront. The law does provide some protections for tenants who pay a “holding fee” to be placed on a waiting list or to secure a unit; however, state law does not limit the amount of such a fee and merely requires that the fee be applied to the security deposit or first month’s rent.23 In our survey, 90.1% of respondents cited high move-in costs as a barrier to accessing housing. High move-in costs were the biggest barrier to accessing housing for all demographics. Seeing that high move-in costs created a large barrier to housing, some cities have adopted local ordinances that limit the amount a landlord may charge a prospective tenant to move into a rental. For example, Tacoma requires landlords to enter into payment plans in order to cover move-in costs.24 Similarly, Seattle caps the move-in costs to one-month of rent and requires landlords to accept payment plans for move-in costs.25

COST OF TENANT SCREENING REPORTS Although the Legislature recognized that tenants may often have to pay for the use of the same tenant screening report when applying to multiple units, a tenant does not have a right to provide a 23

RCW 59.18.253.

Tacoma Municipal Code Chap. 1.95

Seattle Municipal Code Chap. 7

portable screening report to a landlord, which would allow a tenant to avoid paying repeated fees for each application.26 Many survey respondents shared their stress of paying for multiple applications to try to find a rental. One respondent from Bremerton said, “application fees are terrifying and up to $300.”

CRIMINAL BAC KGROUND C HEC KS Criminal background checks are often part of tenant screening, but they can disproportionately harm marginalized communities. Formerly-incarcerated individuals often face discrimination in the rental market based on their criminal history.27 A recent study found that criminal background checks have a disparate impact on Black applicants for rental housing.28 Even many nonprofit landlords do not rent to individuals with criminal background checks. Women of color are the fastest growing demographic category of those involved in the criminal justice system;29 as such, this group is increasingly likely to be impacted by criminal background checks when attempting to find rental housing. In 2016, HUD issued guidance for landlords using criminal background checks to screen tenants, warning landlords that such measures could be in violation of the Fair Housing Act, due to racial disparities within the criminal justice system.30 In addition to possible Fair Housing Act violations, criminal background checks are not an eﬀective way to screen potential tenants. A Seattle-based study found that criminal history is not a predictor of an individual’s success in housing.31 From the survey, 16.8% of respondents reported criminal background checks prevented them from accessing housing in Washington. Asian Pacific Islanders (API) respondents were more than two times more likely than white respondents to report criminal background checks as a barrier. One respondents said she had “been turned down for non-violent misdemeanors, driving oﬀenses because it was within the last three years. No felonies on record. It's been over two months of searching for housing still to no avail.”

RCW 59.18.257.

Oyama, Rebecca. “Do Not (Re)Enter: The Rise of Criminal Background Tenant Screenings as Violation of the Fair Housing Act.” Michigan Journal of Race and Law. 15.1 (2009): 181-222. <https:// repository.law.umich.edu/cgi/viewcontent.cgi?article=1080&context=mjrl> 27

“Unlocking Discrimination: A DC Area Testing Investigation About Racial Discrimination and Criminal Records Screening Policies in Housing.” Equal Rights Center. 2016. <https://equalrightscenter.org/ wp-content/uploads/unlocking-discrimination-web.pdf> 28

Paul-Emile, Kimani. “Reconsidering Criminal Background Checks: Race, Gender, and Redemption.” Southern California Interdisciplinary Law Journal. 25.395 (2016):395-414.

“Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions.” U.S. Department of Housing and Urban Development. 4 April 2016. <https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF> 30

Malone, Daniel K. “Assessing Criminal History as a Predictor of Future Housing Success for Homeless Adults With Behavioral Health Disorders.” Psychiatric Services. 60.2 (2009): 224-230.

CREDIT AND EVICTION CHECKS Credit score algorithms are far from straight forward; these formulas base scores oﬀ of a variety of information, ranging from the type of account to the length of credit history. Even though a credit-scoring agency, VantageScore, recently released a report describing the problems traditional credit scoring models have in judging an individual’s ability to pay their bills,32 landlords still rely on this information. Using credit scores to screen tenants can have a discriminatory impact on people of color. Financial institutions have historically targeted communities of color disproportionately and intentionally for risky, high-cost subprime loans, a practice that often leads to poor credit scores.33 The foreclosure crisis disproportionately impacted people of color; foreclosures drastically lower credit scores.34

Black and

Latinx communities on average have lower credit scores than whites, and some immigrants, especially undocumented immigrants, lack a credit history entirely.36 Even for renters without debt, there is a chance they will face problems with credit checks. Approximately one out of every four people have errors on their credit report,37 meaning tenants could be denied housing due to incorrect information. Additionally, credit scores alone are not a complete indicator of how successful a tenant will be in rental housing, as they often do not include rental payment history, nor do they indicate how a potential tenant will behave in housing. Eviction checks can also give landlords incomplete information about a renter, and can present yet another barrier for marginalized groups more likely to be impacted by eviction. A tenant may be adversely aﬀected by the appearance of an eviction action on her record regardless of the outcome of the case. Lowincome, minority, and female-headed households with multiple children are more likely to experience eviction,38

39 40

and are therefore more likely to experience barriers in finding new housing when

landlords use this screening criteria. 32

“Millennial Credit Habits: A Major Shift.” Vantage Score. November 2018. <https://thescore.vantagescore.com/article/428/millennial-credit-habits-major-shift>

“Why Fair Housing, Fair Lending and Equal Opportunity are Crucial to Solving the Home Opportunity Crisis.” The Opportunity Agenda. 16 April 2013. <https://opportunityagenda.org/files/field_file/ 2013.04.16.fairhousing.pdf> 33

Rugh, Jacob S., and Massey Douglas S. "Racial Segregation and the American Foreclosure Crisis."American Sociological Review 75.5 (2010): 629-51. <http://www.jstor.org/stable/20799483>

Brevoort, Kenneth and Cheryl Cooper. “Foreclosure’s Wake: The Credit Experiences of Individuals Following Foreclosure.” Finance and Economics Discussion Series. Divisions of Research and Statistics and Monetary Affiars. Federal Reserve Board, Washington, D.C. 2010-59. <http://www.federalreserve.gov/PUBS/feds/2010/201059/201059pap.pdf> 35

Bostic, Raphael, Paul Calem, and Susan Wachter. “Hitting the Wall: Credit as an Impediment to Homeownership.” Joint Center for Housing Studies. February 2004. <http://www.jchs.harvard.edu/sites/ jchs.harvard.edu/files/babc_04-5.pdf> 36

Leibowitz, Jon, Thomas Rosch, Edith Ramirez, Julie Brill, and Maureen Ohlhausen. “Report to Congress Under Section 319 of the Fair and Accurate Credit Transactions Act of 2003.” Federal Trade Commission. December 2013. <http://www.ftc.gov/reports/section-319-fair-accurate-credit-transactions-act-2003-fifth-interim-federal-trade> 37

Vásquez-Vera H., Palència L., Magna I., Mena C., Neira J., Borrell C. “The threat of home eviction and its effects on health through the equity lens: A systematic review.” Social Science & Medicine. 175 (2017): 199-208. 38

39 40

Tsai, J., & Huang, M. “Systematic review of psychosocial factors associated with evictions.” Health & Social Care in the Community. (2018): 1-9. Desmond, M., Gershenson, C. “Who gets evicted? Assessing individual, neighborhood, and network factors.” Social Science Research. (2016). <http://dx.doi.org/10.1016/j.ssresearch.2016.08.017>

In the survey, credit and eviction checks were the second most commonly reported barriers to moving, impacting the majority (55.4%) of all respondents. One respondent from Puyallup said, “[r]enting with bad credit from identity theft is nearly impossible. There needs to be a new way to do this.” While credit and eviction checks concerned the majority of respondents, API respondents were the most likely to report concerns, with 80.0% of API respondents reporting credit or eviction checks as a barrier to accessing housing. Women, who are more likely to make low-wages, are also disproportionately impacted by credit checks or eviction checks. For example, one respondent discussed the diﬃculty of moving out of a substandard apartment due to screening requirements. “Since the day I moved in I discovered a pretty serious rat problem of which took [the landlord] months to do anything, and it's never been fully resolved. On top of that there's a bad mold problem which aﬀects my health,” she said. Landlords “have started to demand very high credit scores which is very frustrating because while I might not have the best credit, I always have prioritized paying my rent in full and on time. I believe that if you have good rental references your credit score should not matter because it is extremely classist and not a valid reflection of someone’s level of responsibility. People fall into hard times and credit scores are sensitive and hard to rebuild, especially when the cost of living in Seattle is so extremely expensive.”

SOCIAL SECURITY NUMBERS While we did not ask tenants their immigration status in the survey, in one-on-one interviews, some tenants discussed the barriers they face as undocumented renters. Landlords are legally allowed to ask potential tenants for Social Security Numbers (SSN), limiting the rental housing options for renters who do not have SSNs. By disclosing the lack of a SSN, renters may alert their landlord to their status as an undocumented immigrant. Current civil rights law does not protect undocumented tenants with respect to their alienage status. While civil rights laws protect persons from discrimination due to their race or country of origin, this does not protect a tenant from being discriminated due to their lack of citizenship status. To address this shortcoming, California recently passed a law prohibiting landlords from reporting tenants‘ immigration status to Immigration Customs Enforcement (ICE),41 but immigrants elsewhere do not have these protections. In general, landlords use SSN to: conduct criminal background checks; check credit scores; and to collect debt from a renter. But screening a prospective tenant without access to their SSN is entirely

“New California Law Creates Protections for Immigrant Tenants.” Santa Monica Daily Press. 13 June 2018. <https://www.smdp.com/new-california-law-creates-protections-for-immigrant-tenants/ 166756> 41

possible. First, a background check can be done through the Washington State Patrol (WSP). Second, a credit check can be done through an Individual Taxpayer Identification Number (ITIN) or through sites that act as intermediaries between landlords and prospective tenants. Lastly, the garnishment of wages and debt collection can be done by providing the employer with the tenants name as well as the, summons, judgment, and notice. There are convenient methods for landlords to screen prospective tenants without use of the prospective tenant’s SSN. Several interviewees reported that their property managers threatened to call ICE to deport the tenants. One interviewee who lived in a mobile home park wanted to add her partner onto her lease. He did not have an SSN, and when the property manager discovered this during the application process, she wanted the tenant and her partner to pay $2,030 in cash to add him to the lease. The interviewee could not pay this steep cost. The property manager responded by threatening to contact ICE. Threats like this are not illegal in Washington - unlike in California.42

LOC ATION OF HOUSING Forced moves and gentrification impact tenants and their ability to choose where they live. According to the 2015 American Community Survey, 7.5% of renter households who moved in the previous two years indicated that the move was forced.43 Gentrification can lead to the displacement of low-income tenants who can no longer aﬀord to live in their neighborhood, or can result in a loss of community and cultural networks for residents who remain in a gentrified neighborhood.44 People of color are more likely to be impacted by gentrification. A recent study found that gentrifying neighborhoods that were primarily Black and/or Latinx experienced an increase in white residents, while white gentrifying neighborhoods remained predominantly white.45 From the survey, 19.4% of respondents had moved in the past two years, many citing the rising housing costs as the reason for the move. Of these respondents, the majority (65.7%) lived in non-Seattle Western Washington, followed by Seattle respondents (27.1%) and Eastern Washington respondents (7.2%). One respondent said, “[r]ent has went from $875 to $1,500 a month for a 3 bedroom in Tacoma...moved to Port Angeles because we could no longer aﬀord the Puget Sound.” 42

CA Penal Code 519

“America’s Rental Housing 2017: Rental Housing Challenges.” Joint Center for Housing Studies of Harvard University. 2017. <http://www.jchs.harvard.edu/sites/default/files/ 06_harvard_jchs_americas_rental_housing_2017.pdf> 43

Kirkland, Elizabeth. “What’s Race Got to Do With It? Looking for the Racial Dimensions of Gentrification.” Western Journal of Black Studies. 32.2 (2008): 18-30.

Owens, Ann and Jennifer Candipan. “Racial/Ethnic Transition and Hierarchy Among Ascending Neighborhoods.” Urban Affairs Review. (2018). 1-29

LIVING AT A RENTAL RENT INCREASES AND FEES Rents are rising at a greater rate than wages: median rents in Washington increased by 17.0% in 2017, while the median income increased by just 3.0%.46 One respondent from Spokane Valley said, “Our rent was somewhat reasonable, but it was raised in September of 2017 because the rental market here in the Spokane Area. A lot of apartment buildings are going up, but there are very few, if any, jobs in the area that pay enough to comfortably rent a place to live. Our rent is half or more of our monthly income. The same thing is happening to other people here too.” Rent increases are not limited to urban areas; nationally, suburban rents increased at a greater rate than urban rents in 2017.47 Seniors who have Social Security as their source of income are especially impacted by rising rents, as rents for households aged 65 and over have been increases at twice the rate of Social Security payments.48 Rapid rent increases can lead to greater insecurity for renters, as renters express less confidence in being able to stay in their home long-term when faced with this problem.49 The struggle with rent increases was a common struggle for renters throughout the survey, including 28.7% of respondents who experienced a monthly increase of $251 or more. As one individual respondent, a 23-year-old respondent noted, “Rent increases in my previous apartments have caused me to move often. This year, due to rent increases, I was homeless for four months.” Respondents of color experienced greater rent increases on average than white respondents: 35.0% of people of color experienced a rent increase above $251, compared to only 26.0% of white respondents. In response to rent increases, respondents reported frequent moves. One respondent, a 42-year-old woman from Kenmore, reported she has “moved six times in the last year in my attempts to secure housing that is both aﬀordable and within a decent commuting range.” Another respondent, a 34-year-

“Why is Homelessness Increasing?” State of Washington Department of Commerce. January 2017. <http://www.commerce.wa.gov/wp-content/uploads/2017/01/hau-why-homelessnessincrease-2017.pdf> 46

“Rents are Climbing Faster in Suburban Areas than Urban Areas.” Zillow Research. 18 May 2017. <https://www.zillow.com/research/rent-affordability-15194/>

“Housing America’s Older Adults 2018.” Joint Center for Housing Studies of Harvard University. 2018. <http://www.jchs.harvard.edu/sites/default/files/ Harvard_JCHS_Housing_Americas_Older_Adults_2018_Key_Facts_122118_0.pdf> 48

Terrazas, Aaron. “Despite Rising Costs, Most Renters Feel Secure in Their Homes.” Zillow Research. 17 May 2017. <https://www.zillow.com/research/rising-costs-renters-secure-homes-15175/>

old woman living in Issaquah said, “When our lease is up we will have to move from the area, rent has increased so much we cannot aﬀord to continue to live here after our lease ends.” Between 2001 and 2016, the amount of money that the lowest-income renters had after paying rent decreased 18.0%, while the amount of money that the highest-income renters had after rent grew by 7%.50 This was reflected in our survey: many respondents, from Seattle to Ashford, reported cutting back on food, medicine, and other essentials to cope with their rent increases. One respondent, a mother in Sequim who had two rent increases of over $300 in the past two years said, “I use the grocery money to pay rent. I eat every other day to make sure my daughter eats everyday. I don't drive unless I have to and we do nothing cause we can't aﬀord to do anything.” Another respondent from Yakima, who has had to cut back on prescription medicines because of rent increases, observed, “it appears that the landlord has the power and rights while I have none.” Rent increases are not the only financial burden renters face. Almost one-third (31.0%) of respondents have been charged late fees by their landlords. Late fees - which respondents reported charges as high as $150 or even 10% of the rent - not only impact a tenants’ finances. Not paying these charges can result in an eviction.

LEASE RESTRICTIONS Tenants reported a variety of restrictions from their landlord. Further, 12.0% of respondents have seen their landlord frequently change the terms of their lease. Among people whose landlords changed their lease terms, 52.0% said the changes resulted in fewer tenant rights. One of the common lease restrictions tenants reported was restrictions on tenants having additional occupants, even family members. Living with roommates is a common strategy used by renters to afford to live in an increasingly unaffordable state. Unfortunately, renters do not have the right to live with a roommate - even their own family members. One interviewee, a single-mother in Issaquah, faced eviction when her high-school son turned 18-years-old because he was an “unauthorized occupant.” Of respondents without roommates, 57.0% reported they would have been better able to afford their rent if they had a roommate; however, 35.0% of all respondents’ landlords restricted them from adding people to the lease. Some landlords who allow roommates charge extra fees and require the new “America’s Rental Housing 2017: Rental Affordability.” Joint Center for Housing Studies of Harvard University. 2017. <http://www.jchs.harvard.edu/sites/default/files/ 05_harvard_jchs_americas_rental_housing_2017.pdf> 50

person to meet strict screening criteria in order to be added to the lease. Many respondents’ landlords charge extra money to put another person on the lease. One respondent, a 47-year-old renter in NW Seattle struggled to pay rent, and “thought about getting a roommate, but my landlord said if I did he would raise the rent.”

SUBSTANDARD HOUSING CONDITIONS Considering the lack of aﬀordable housing and the barriers that many face in accessing rental housing, renters can be left with no choice but to live in substandard housing. People of color, individuals with disabilities, and undocumented immigrants are more likely to live in substandard housing.51 52Lowincome renters with severe rent burdens are impacted by substandard housing conditions at an increasing rate.53 Substandard living conditions have significant implications for the health and wellbeing of renters - asthma, lead poisoning, disease, and poor childhood development have been linked to substandard housing.54 The majority (57.6%) of survey respondents reported substandard housing conditions in their most current rental unit. Of people paying $0-$1,500 in rent, 61.0% had problems with conditions of their unit, compared to 43.0% of people paying $1,501-$2,250 in rent. Respondents of color were more likely than white respondents to report problems with the conditions of their unit: 66.0% of tenants of color experiences problems with their unit, compared to 55.0% of white tenants. Transgender / genderqueer respondents were much more likely to experience problems with the conditions of their unit compared to cisgender respondents: 77.0% of trans tenants experienced problems with their unit, compared to 55.0% of cis-men and 56.0% of cis-women. Even though landlords have an explicit, state-mandated obligation55 to maintain their rentals, many respondents reported major problems in their unit; 20.4% had structural problems like leaking roofs or cracked walls, 16.6% reported plumbing issues, and 8.3% reported electrical problems. For example, one respondent in South King County said, “When our septic backed I had to physically dig it out myself. We were unable to shower, use toilets, and pay for it to get pumped ($467.50). I told [the landlord] about the roof he finally sent a roofer I had to pay $350 to get a patch on the roof, the ceiling fell in later that day.” 51

Raymond, Jaime, William Wheeler, and Mary Jean Brown. “Inadequate and Unhealthy Housing, 2007 and 2009.” Centers for Disease Control and Prevention. 60.1 (2011): 21-27

Hall, Matthew and Emily Greenman. “Housing and Neighborhood Quality among Undocumented Mexican and Central American Immigrants.” Social Science Research. 42.6 (2013): 1712-1725.

“The State of the Nation’s Housing 2018.” Joint Center for Housing Studies 2018. <http://www.jchs.harvard.edu/sites/default/files/Harvard_JCHS_State_of_the_Nations_Housing_2018.pdf>

Krieger, James and Donna Higgins. “Housing and Health: Time Again for Public Health Action.” American Journal of Public Health. 92.5 (2002): 758-768.

RCW 59.18.060.

Eleven percent (11.5%) of respondents reported pest infestations in the rental unit. Cockroaches and other pests transmit communicable diseases as well as trigger asthma attacks and allergies, especially in children56. Mold and asbestos was a common complaint among tenants, with 14.9% of respondents reporting mold in their unit. “Mold thrives in damp environments and causes respiratory problems and skin irritation in some people. People with chronic lung illnesses and compromised immune systems can develop serious lung infections due to mold57. Of respondents who reported issues in their apartment, 41.9% developed health issues, such as respiratory problems, they attributed to the toxic conditions of the rental. One Federal Way respondent said her family “developed breathing problems, and family member is on oxygen. Another keeps getting repeated pleurisy & pneumonia. Doctor said probably due to black mold in the home.” Although most respondents (51.8%) reported their landlord responded to the housing issues, many landlords did not respond quickly or adequately. One woman from Port Angeles explained, “Repairs are done with the cheapest material and are not done properly. The shared washers have remained broken for 6 months at a time.” Another respondent from Bremerton described how, “the furnace safety latch was taped with a Ninja turtle band-aid.” Several respondents attempted to withhold rent for repairs, but there are significant risks to doing so because in order to properly raise this as a defense in an eviction action, the tenant has to demonstrate that they withheld the exact amount of rent equal to the reduced value of the premises; anything less than that could result in an eviction.58 Of the tenants who did not get their problems fixed, 39.9% did not get it fixed even after reporting the problem and 8.3% did not report the problems. Tenants cited fear of retaliation, either in the form of rent increases or eviction, as the reason they did not report issues in the apartment. One Tacoma respondent said “At my house, the landlords refused to replace broken appliances, and punished us for needing a new refrigerator by not fixing it for months. They let black mold grow unchecked, and fixed damage caused by it with patches instead of replacing and repairing. My apartment will not replace the tub that is cracked. I'm afraid to complain, because I don't want to be kicked out.” Another respondent from Bremerton said: It is a neverending nightmare. My worse stress comes from always worrying my landlord will either raise my rent even more and simply give me one month notice since he refuses to return to annual lease even though I have never once been late on rent. I actually give him 6 months pre-dated checks in advance yet am threatened everytime I ask for repair. I live in fear of being Rosenstreich, D. L., P. Eggleston, M. Kattan, D. Baker, R. G. Slavin, P. Gergen, H. Mitchell, K. McNiff-Mortimer, H. Lynn, D. Ownby, and F. Malveaux. “The Role of Cockroach Allergy and Exposure to Cockroach Allergen in Causing Morbidity among Inner-City Children with Asthma.” National English Journal of Medicine. 336.19 (1997): 1356-63. 56

Facts about Mold and Dampness.” Centers for Disease Control and Prevention. 17 June 2014. <http://www.cdc.gov/mold/dampness_facts.htm>

Foisy v. Wyman, 83 Wn.2d 22, 515 P.2d 160 (1973)

homeless because I can’t aﬀord to pay more and there is nothing fair and reasonable to rent if I am kicked out. I am 62 with two graduate degrees. My life is hell in the Northwest. I should never have moved here with my husband, now my ex, and should have gone back East like he did. I love it here but housing stress is killing me.

DISCRIMINATION While housing discrimination can be difficult to identify for renters (sometimes tenants never know why the were turned down from an apartment or do not know what everyone in their building pays for rent), 22.8% reported discrimination from landlords. Many respondents reported being discriminated for multiple reasons, including source of income (51.9%), race (40.7%), family status (25.9%), disability (22.2%), age (20.4%), gender (14.8%), and sexual orientation (5.6%). One respondent reported she has been told she can’t afford the rental because she was a single mother. Several respondents reported difficulty finding a rental that would accept Section 8 vouchers. While this form of discrimination has been outlawed since November 2018,59 many landlords and tenants are likely unaware of this law.

L E AV I N G H O U S I N G EVICTION The housing instability of Washington renters was reflected in the survey, with 16.6% respondents reporting an eviction - nearly five times the rate of evictions nationwide60. In the survey, non-Seattle Western Washington respondents were most likely to face eviction (17.5%), followed by Eastern Washington respondents (13.5%) and Seattle respondents (7.8%). Across the country, the lowest-income renter households saw their housing costs rise and their incomes fall between 2001 and 2016. The amount of money these households had left over after paying rent declined from $730 to just $590 in real terms over this period.61 Occupations with irregular hours and low wages face the highest cost burdens; 55.8% of personal care workers and 55.2% of food preparation workers have a rent-cost burden.62 High rent burdens reduce the financial flexibility of tenants, exacerbating the consequences of life’s emergencies. 59

RCW 59.18.255.

“The State of the Nation’s Housing 2018.” Joint Center for Housing Studies of Harvard University. 2018. <http://www.jchs.harvard.edu/sites/default/files/ Harvard_JCHS_State_of_the_Nations_Housing_2018.pdf> 61

Joint Center for Housing Studies of Harvard University tabulations of US Census Bureau, 2016 American Community Survey 1-Year Estimates.

Eviction can lead to continued instability for renters and is a leading cause of homelessness.63Lowincome and minority renters are more likely to experience eviction,64 as are female-headed households with multiple children.65

Nonpayment of rent is the leading reported reason for eviction.67 Considering

the lack of aﬀordable housing, percentage of renters who are cost burdened, and rapidly increasing rents, even a small financial setback can have massive repercussions for a household’s ability to pay rent. A loss of employment or reduction of work hours, medical debt, public benefits sanction, or being unable to return to work after childbirth can all contribute to a household being able to pay rent, which can then lead to an eviction. 68 A 63-year-old respondent from Bremerton said he fell behind in rent after losing his job, “but had just qualified for Social Security and had back pay coming. Landlord didn't want to wait.” After being evicted, he stayed in a shelter. One respondent from Belfair paid rent late because of a medical emergency and was evicted for not paying the late fees. She would have been able to pay the rent and late fees before the judgement, but the landlord refused to accept the payment and she had to stay in a shelter. Of the respondents facing eviction due to nonpayment of rent, 70.3% were behind only a month or less on their rent. Other than serving a three-day notice to pay or vacate, landlords are not required to give tenants a grace period for payment of rent, so one setback can lead to eviction. Common reasons respondents fell behind on rent included loss of employment or income (54.3%), medical emergency (17.1%), and a death in the family (8.6%). One respondent, a 34-year-old woman from Bellingham who was late on rent once said, “I got into a really bad accident in which I burned my leg on an overly hot baseboard heater. I was supposed to have health insurance, but it was the first year of [the Aﬀordable Care Act] and there were many problems with it. My rent was late, explained my situation to my landlord and tried to work out a payment plan, but they decided to evict me instead. I had lived there for three years, it was awful.” Even though most of the respondents fell behind on rent due to an emergency, 79.0% of evicted tenants could have paid some or all of their rent in full at the time of the eviction. Late fees, attorney fees, and court costs make the financial burden much greater: only 3.0% of tenants could pay their rent plus the additional fees at the time of eviction. The financial cost of eviction is staggering with 31.0% of 63

Burt, M. “Homeless families, singles, and others: findings from the 1996 national survey of homeless assistance providers and clients.” Housing Policy Debate 12.4. (2001): 737-780

65 66

“Losing Home: The Human Cost of Eviction in Seattle.” Seattle Women’s Commission and the Housing Justice Project of the King County Bar Association. September 2018. <https://www.kcba.org/ Portals/0/pbs/pdf/HJP_LosingHome_%202018.pdf> 67

68Ibid.

respondents owing more than $500 in attorney fees and court costs for the eviction action. After a judgment is issued, the tenant is liable for 12% interest on the outstanding debt. Unfortunately, money can only save a tenancy in limited circumstances after an eviction proceeding has commenced. Under Washington Law, a tenant can prevent an eviction if the tenant pays the full amount of the judgment owed plus costs within five days of the court ordering the eviction; however, the tenant can only exercise this right if they have an unexpired lease agreement, and the case is based on unpaid rent.69 Thus, month-to-month tenants and tenants who owe utilities or other fees do not have this option. Apart from this right, tenants who fall behind on their rent or other charges have few options to avoid eviction. Outside of Seattle, a landlord can end a month-to-month tenancy with a 20-day notice to terminate tenancy, for any reason. In the entire state, including Seattle, landlords do not have to renew termed leases. Despite some protections against retaliation, tenants found themselves at risk of eviction when attempting to exercise their rights or raise issues with management. One 38-year-old mother from Tacoma said: “[According to the landlord] We complained too much, and our previous manager quit on the spot when they told her why they were evicting us, because after 10 years of working with us, she didn’t want to be responsible for making us homeless. The new management company had to fight them just to get them to agree not to throw out all of us on 2 weeks notice. My household had to break apart in order to survive because we couldn't find a house big enough for all of us at a reasonable price.” Because landlords can terminate leases arbitrarily, tenants reported increased stress. One respondent from Bonney Lake said, “Renting is stressful. Not knowing if your landlord is going to renew your lease or choose to end your residency is stressful. Knowing someone else is in charge of your housing and you have little recourse when they decide to make your life diﬃcult is stressful.”

AFTER EVICTION Many respondents faced dire circumstances after an eviction. Over half of respondents (51.7%) who were evicted through legal proceedings became homeless after eviction. This experience was most prevalent among Western Washington evicted tenants outside of Seattle: 87.5% of these tenants became completely unsheltered after an eviction. Ultimately, eviction is yet another way low-income tenants are

RCW 59.18.410.

being pushed out of their community. Over one-third of evicted respondents (35.0%) had to leave their city or town as a result of the eviction. Finding alternative housing can be incredibly difficult for tenants with an eviction on their record. Many evicted respondents were denied access to new housing because of the eviction on their tenant screening report. One respondent from Bremerton who reported having a difficult time finding housing because of a previous eviction said, “some people like me need housing and can’t get anyone to even talk to me.” Staying with family or friends after eviction was often not a realistic option for evicted respondents due to restrictions on housing guests or unauthorized roommates in many lease agreements. Tenants owing a debt to a landlord on their credit report have a hard time finding other housing. Most landlords will not rent to any tenant with this form of debt. Unfortunately, it is incredibly easy for landlords to report debt to a credit agency, and it is very difficult for tenants to remove debt from their credit reports as disputed debts can still appear on a credit report. The impacts of eviction can be devastating. Eviction can lead to poor health outcomes for adults and children, including depression, anxiety, psychological distress, substance abuse, high blood pressure, child maltreatment, and suicide.70

71 72

Housing instability can have long-term detrimental eﬀects on

children and eviction can be particularly traumatic for them. Experiencing housing instability during childhood has been connected to an increased likelihood of negative health outcomes, such as teenage pregnancy and alcoholism.73 Among respondents living with school-age children, 63.2% said their children’s health suﬀered because of the eviction. Forty percent of respondents (40.1%) with children reported their child had to move schools because of the eviction. Under the McKinney Vento Act, federal law requires school districts to allow students who become homeless to remain enrolled, even if they end up moving out of the district. To oﬀset the potential challenge of transportation to school from further away, districts are required to provide transportation to any student experiencing homelessness. However, few students and families know they have the right to this support without the advocating support of a school district liaison. Even with the support of an advocate, district funds to provide this federally mandated support service are

Zivanovic, R., Omura, J., Wood, E., Nguyen, P., Kerr, T., & DeBeck, K. “Eviction and loss of income assistance among street-involved youth in Canada.” Journal of Public Health Policy. 37 (2016): 244– 259. <https://doi.org/10.1057/jphp.2016.12> 71

Fowler, K. A., Gladden, R. M., Vagi, K. J., Barnes, J., & Frazier, L. “Increase in suicides associated with home eviction and foreclosure during the US housing crisis: findings from 16 national violent death reporting system states, 2005–2010.” American Journal of Public Health. 105.2 (2015): 311-316. 72

Dong, Maxia, Robert Anda, Vincent Felitti, David Williamson, Shanta Dube, David Brown, and Wayne Giles. 2005. “Childhood Residential Mobility and Multiple Health Risks During Adolescence and Adulthood: The Hidden Role of Adverse Childhood Experiences.” Archives of Pediatrics and Adolescent Medicine 159:1104-10. 73

limited. One respondent shared an experience of increased burden due to moving, "Tacoma kids have choices they say, even though they don't support parents and children who do make other choices. I have to purchase bus passes, and the kids walk a mile each way to the nearest city bus stop just to go every day.â&#x20AC;? Evictions represent an incredibly traumatic event that creates long-lasting negative consequences on multiple aspects of life. For those who are evicted, tenants face harmful health outcomes for themselves and their children, as well as insurmountable debt with incredibly high interest rates.

DEBT TO LANDLORDS Tenants also struggle with finding new apartments due to debts from prior landlords appearing on their credit report. A tenant who paid rent on time and left the premises with a zero balance may find themselves being charged for improper charges. For example, a landlord may seek charges for basic cleaning or maintenance of the unit after a tenant vacates even though such charges would not qualify as beyond normal wear and tear for purposes of retaining the security deposit. These charges may appear on a credit report as a debt owed and require the tenant to resort to legal action to remove the charges from a credit report.

POLICY RECOMMENDATIONS Washington tenants face an unprecedented renting crisis, and we need government intervention. Every level of government — local, state, and federal — must take proactive steps to ease the housing cost-burden tenants face, as well as take steps to reduce landlord discrimination and retaliation against renters.

INVEST IN AFFORDABLE HOUSING PRODUCTION AND P R E S E RVAT I O N There is no doubt that there is a severe shortage of affordable housing in Washington. We need our elected officials to invest in permanent affordable housing that meets the needs of vulnerable communities. We can accomplish this goal both by prioritizing the development of affordable housing as well as the preservation of our current affordable housing stock.

END RENT GOUGING Currently, landlords can — and do — profit gouge by raising rents arbitrarily. Even though Washington has raised its minimum wage, these financial gains will be lost if housing costs continue to soar. Further if a natural disaster hits our state and destroys housing stock, we need to protect residents from pricegouging in the housing market. The state needs to adopt protections against rent gouging during emergencies, similar to protections that exist in many other states during times of emergency.

CREATE PROTECTIONS FROM ARBITRARY LEASE TERMINATIONS Outside of Seattle, tenants do not have protection from arbitrary lease terminations. Even in Seattle, these protections contain unintended loopholes. Because landlords do not have to justify ending a tenant’s lease, tenants are at risk of retaliatory evictions and face great uncertainty with their housing. For example, if a tenant complains about the conditions of their housing, they risk receiving a 20-day

notice ending their lease in response. To protect tenants from retaliation and to ensure communities have stability, landlords should only end leases for limited reasons.

REFORM THE EVICTION PROCESS The eviction process in Washington is incredibly unforgiving. Tenants can be evicted for nonpayment of rent, regardless of how much they are behind or the reason they fell behind. Washington courts currently do not distinguish between a tenant who is behind on her rent by $10.00 from one who owes thousands of dollars to their landlord. Further, tenants can be evicted for non-rent charges, minor lease violations, and other issues that should not result in the loss of someoneâ&#x20AC;&#x2122;s housing. Judges need more discretion to determine a just outcome for a tenant and a landlord in an eviction proceeding. Further, tenants must be protected from aggressive landlords who use minor lease violations to force tenants out of their apartments. It is time that reason and sanity be restored to the eviction process and that tenants who fall behind for reasons beyond their control are not unfairly punished for temporary unemployment, medical emergencies, or other one-time events.

RELOC ATION ASSISTANCE Landlords are not required to provide relocation assistance if they are terminating a tenantâ&#x20AC;&#x2122;s lease for remodeling unless the building is located in a few municipalities. In a hot housing market where developers are flipping buildings throughout the state, lower-income tenants living in these buildings are pushed out of housing without any relocation assistance and little notice to move. Without relocation assistance, many tenants face homelessness. To prevent families from becoming homeless, landlords should provide relocation assistance for tenants in these situations.

NO BANS AGAINST PROSPECTIVE TENANTS WITH CRIMINAL CHARGES OR CONVICTIONS When people are released from prison or jail, they face many obstacles to finding economic and housing stability. Many landlords outright ban tenants with criminal charges or convictions. If we want to change this reality, our policy makers must take concrete steps to ensure people who were formerly incarcerated are able to access basic needs. Landlords must not be allowed to reject a prospective tenant solely because of their criminal history. 25

LIMITS ON CREDIT, EVICTION, AND FORECLOSURE CHECKS Policies must be adopted to prohibit housing denials based on negative credit scores when the debt is not a reflection on a tenant’s future behavior when renting a home. Any negative information on a credit report older than two years must not be considered. Prospective tenants should be able to correct credit scores if there is the potential that they will be denied access to housing based on such scores. Landlords cannot use the lack of credit as a reason to deny a tenant’s application. Landlords must not use categorical bans on eviction or foreclosure history.

LIMIT UP-FRONT COSTS Tenants cannot aﬀord high upfront move-in costs, typically paying first and last month’s rent, deposit, plus other related move-in fees all at once to secure housing. This creates an often insurmountable financial hurdle for tenants who could otherwise aﬀord the monthly rent. Fees and deposits must be limited to the equivalent of one month’s rent, and up-front costs must be broken out into a payment plan. Further, because paying tenant screening fees for each unit a prospective renter applies to can be a huge financial burden, landlords must be required to accept portable tenant screening reports.

PROTECT UNDOCUMENTED TENANTS When applying for an apartment, tenants often have to share their social security number, even though background and credit checks can be run on a person without using their social security number. If a tenant does not have a social security number, the are revealing their immigration status. Some unscrupulous property managers and landlords use this information as leverage against tenants by threatening to report them to ICE. We need to create policies that will prevent landlords from learning about the immigration status of tenants as well as protect tenants from these threats.

LIMIT REPORTING OF LANDLORD-TENANT DEBT UNLESS REDUCED TO JUDGMENT

Virtually no restrictions exist on landlord’s ability to report tenant debt to a credit reporting agency. Because landlords can levy a wide-range of fees and charges against tenants, this debt can often be in the thousands of dollars and often prevents a tenant from finding housing. Tenants often face great diﬃculty in removing debt to a landlord from the credit report. Typically, to remove this debt from their credit report, tenants must either pay the debt or fight it through small claims court, which can take well over a year. To ensure it is not impossible for tenants to find housing after leaving a tenancy, debt to a landlord should only be reported to a credit reporting agency after it is reduced to judgment.

CREATE A LEGAL PATH FOR TENANTS TO ENFORCE THEIR RIGHTS IN COURT Many tenants alleged the landlord pursued the eviction action as a form of retaliation for making complaints, especially regarding substandard housing conditions. Unfortunately, the state does not provide a practical path for a tenant to enforce their rights. The eviction process provides landlords with an expedited legal process to quickly regain possession of their property as well as levy a monetary judgment against tenants. Tenants do not have a similar remedy for problems with their landlord. For this reason, a legal path needs to be created to provide tenants with an expedited remedy to obtain injunctions and orders to demand repairs or enforce the lease agreement. Tenants need a timely remedy and have more options to enforce their rights under the lease agreement in a manner that mirrors the landlord’s remedies.