What landlords don’t like about the legislation
HAPCO Philadelphia is most troubled by O’Rourke’s push to expand “good cause” protections to all city renters.
Paul Cohen, general counsel for the group, argues it would make it even harder for landlords to remove problem tenants, particularly if their conduct doesn’t warrant filing for an eviction or if it would be difficult to demonstrate the need for one.
Cohen said it is exceedingly difficult to get tenants to testify against other tenants who are creating issues in their building, typically because they’re afraid of the repercussions if their neighbor finds out. This is especially true in cases where a tenant is harassing other tenants.
“Without their testimony, we can’t win in court,” Cohen said. “So the landlord’s hands are tied. The landlord can’t terminate the lease with a ‘good cause’ requirement.”
Cohen’s group argues it could be financially disastrous for a landlord if they’re stuck with a problem tenant who causes other residents to leave the building.
Housing advocates are skeptical based on how “good cause” protections have played out in other cities. They also argue these laws are beneficial to tenants and landlords because they clearly spell out what is legally permitted for both parties, making it easier to resolve disputes out of court.
They hope that deters landlords from trying to evict without cause. Zaneri said expanding these protections would also dissuade tenants from fighting to stay — because they can see if they have violated the law.
“They’re able to look at it, evaluate it and say, ‘This is a valid cause for eviction. I’m going to move out. I don’t want to have to go to court,’” Zaneri said.
In Albany, New York, tenant organizers say the city’s “good cause” protections have also reduced instances of landlord retaliation, simply because they require landlords to give a reason for not renewing a tenant’s lease. In the past, it was much easier for landlords to target tenants, especially those leading tenants’ associations.
“Now tenants know they can’t be kicked out for no reason,” said Canyon Ryan, executive director of United Tenants of Albany.
He said that has enabled more families to stay together and, anecdotally, forced landlords to make repairs they had tried to avoid by not renewing their tenant’s lease.
“Things still aren’t good for tenants … but they are so much better now,” Ryan said.
In Philadelphia, housing advocates say those outcomes would provide considerable relief to tenants.
Mary Laughlin, who rents a one-bedroom in Holmesburg, said O’Rourke’s bills would make her less fearful of trying to hold her landlord accountable. In the meantime, the 70-year-old worries her yearlong lease won’t be renewed because she’s been vocal about the conditions at her apartment complex and is working with tenant organizers to improve them.
Laughlin, a retired postal worker, has the money to move, but she said she doesn’t want to. She’s lived in Northeast Philadelphia for decades and her place is close to family.
“I’d sleep a lot better at night knowing that [I was protected],” Laughlin said. “I’m very nervous right now.”