Toward a philosophy of renter rights


By Sheila Bernard

The battle over Lincoln Place has raged for 15 years. A group of tenants with few resources and no staff have battled a heavily-financed owner and his team of experienced, high-priced attorneys. We have been fairly successful, evidenced by the fact that we have 50 of our 52 buildings still standing with excellent prospects of saving most of historic Lincoln Place for its residents and for posterity.


What makes a community rear up on its hind legs like that? Is it simply our desire, as the landlord alleges, to save our rent-controlled apartments and take unfair advantage of a property owner? No. It is much more than that. Yes, we want to stay in our homes. But we are also part of a larger historical trend.

Renters’ rights is the last frontier in the evolution of American society toward equal rights for all. At the beginning, all land was controlled by a small minority of white male property owners. Now all land is controlled by a somewhat larger minority of property owners, which includes women and people of diverse ethnic backgrounds. Of course, there are income, ethnic, gender, and age factors which place some property owners closer to renters in terms of how much power they have. In addition, there are many property owners who agree that renters’ rights are important to jobs/housing balance, stability of neighborhoods, and other indicators of the quality of urban life. But in spite of the fact that the majority of people are either renters or in sympathy with renters’ rights, the law favors property owners in some very troubling ways, greatly out of proportion to their numbers in the total population. This power disparity does serious damage to the civil rights of renters.

A renter does not have the right in California to contract for a permanent home. State law gives an owner the right to “go out of the rental business” by demolishing rental housing, and in so doing to destroy entire neighborhoods without regard to the circumstances of the people who will be displaced by such an action. Although it is widely known that displacing a person of advanced age from a long-time residence can cause risk to the senior’s health, including risk to life, California law holds the right to land speculation higher than the right to life of the senior tenant. Our law is definitely selective in its protection of life, if not liberty and the pursuit of happiness.

The law is also selective in its protection of the right to property. A tenant has a leasehold on the residence he or she rents. A leasehold is a form of property ownership. The tenant is said to be “in possession” of the premises with the right to quiet enjoyment. Landlords who evict tenants are said to “regain possession.”
Many local jurisdictions have chosen to protect the leasehold and bring it somewhat closer in value to other forms of property ownership. However, these attempts have usually been struck down in higher courts. The City of Los Angeles, with 60% renters and a serious housing crisis, has trouble stopping property owners from destroying affordable housing, even when inhabited by senior citizens, because of mixed messages in the laws of the state of California, as interpreted by the courts.

For example, cities have the right to approve or deny subdivisions. (A subdivision is permission to divide a parcel of land into smaller pieces, so that the pieces can be sold off to different individuals.) A state law called the Subdivision Map Act says that a city must deny a subdivision that conflicts with any element of the city’s general plan, including the housing element. (A city’s housing element describes how a city intends to have an adequate supply of housing for its population at all income levels.)

When the City of Los Angeles denied the owner of Lincoln Place, a subdivision, to demolish the apartments and build condos, citing the City’s housing element, the owner successfully sued the City under the Ellis Act, another state law which says a city cannot stop an owner of property from “going out of the rental business” by demolishing rental units. Although the Ellis Act states that it does not intend to interfere with local jurisdictions’ powers relative to land use, the Ellis Act does exactly that, stopping a democratic entity (the city) from protecting hundreds of its senior citizens at Lincoln Place against the harmful economic decisions of a single individual property owner. The seniors’ right to life is not on a par with the property owner’s right to become more wealthy through land speculation, using no-fault evictions.

The no-fault eviction might even be seen as a violation of the 14th Amendment to the Constitution. Senior tenants inhabit property peacefully, providing stable and secure income to the property owner. When the owner sells the property, he or she is selling a community, including both buildings and people, for some of whom moving can be an insurmountable hardship. The people are responsible for a great deal of the value of the community. That value, and those tenants, are sold to the next property owner for the purpose of increasing wealth. Such a sale often results in displacement of people away from their neighbors and their extended family. These people have been bought and sold and their value exploited, and since displacement poses a risk to life, these people have been expended.

Of course, theoretically, these tenants could have moved from their apartments at any time, and were not subjected to physical violence or overt dehumanization. So their servitude to the property owner can certainly not be compared to the involuntary servitude imposed for 400 years upon our country’s black population, the people for whom the 14th Amendment was written. However, in the evolution from a slave-holding society to a society of equal protection under the law for everyone, we can see the applicability of the 14th amendment, which says that involuntary servitude is illegal. When a tenant contracts for a home and lives there into old age, the tenant is in servitude to the landlord, but the servitude is voluntary. However, at the point where the landlord moves to evict the tenant, depriving the tenant of his or her home and possibly the tenant’s very life, the servitude has become involuntary. Can any other contract in this society be unilaterally terminated in an analogous way, against the life-and-death interests of one party to the contract?

While these ideas are discussed in relation to senior citizens, it is important that renters’ rights be seen as applying to all renters. At what age and at what degree of frailty does it pose a threat to a person’s life to be forced from one’s home? Can seniors be isolated from their neighbors, including singles who assist senior neighbors with groceries, etc., and families with children who benefit from interacting with senior neighbors? Although seniors are among the most deeply affected by the disparity of rights between renters and property owners, it would be counterproductive to attempt to protect seniors separately from everyone else.

If this reasoning about renters’ rights were to inform the law, land speculation would become limited in its ability to produce wealth. People who are in the business of owning and managing rental housing would be entitled to the fruits of their labors, but when they sell their rental property, it would be disclosed to potential buyers that tenants have the right to remain in their homes. With such disclosure, coupled with laws preventing harassment of tenants, older buildings which required rehabilitation would probably not change hands in speculative ways. Rather, such buildings as they aged would in many cases come under the control of non-profit organizations which secure permanently affordable housing for protected groups in the population, including the old, the young, and others without the capacity to own property. This would be roughly analogous to regulation and/or ownership of water, utilities, energy, and education in the interest of the public.

Another consequence of this proposed elevation of the power of the leasehold would be an increase in the number and variety of forms of ownership of property in common. We already have condos and cooperatives, both forms of social ownership and management of multi-family property. There are other forms as well on the continuum between public and private ownership, which provide residents varying degrees of control over the property in which they live, dependent only on residents’ capacity and willingness to manage the property responsibly and competently together, with varying degrees of participation and control by outsiders such as neighbors, mortgage holders, and public officials. These forms of ownership, besides building the capacity of tenants to manage their own residences in common, would increase the public participation of vast numbers of renters who presently believe that our society no longer belongs to them, and that their votes are worthless.

In a healthy family and a healthy society, it is understood that we are all in this leaky vessel together. At present, property owners can be heard to say, “Affordable housing is not my problem. I can do what I please with my property, and society as a whole will have to bear the burden of the loss of affordable housing.” A healthy society would respond to such a property owner like this: “You are one of us. We need your help, as we need everyone’s help, in solving this housing crisis. Your right to greater wealth must not interfere with the right of a tenant to a long life in a permanent home.”

Posted: Thu - May 1, 2003 at 06:03 PM          


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