Asheville City Council Passes New Ordinance to Protect Renters
Asheville renters may soon find relief from unsafe living conditions as the City Council unanimously approved a new ordinance aimed at holding landlords accountable. This development is particularly significant for tenants grappling with post-Hurricane Helene conditions.
The ordinance, locally dubbed the “No Rent for Slumlords” ordinance, prohibits landlords from collecting rent on properties with structural damages, fire hazards, or lack of potable water, among other violations of the city’s minimum housing code.
Priya Ray, a resident in public housing, emphasized during the council meeting that this policy empowers tenants to hold landlords accountable to minimum housing standards.
The new ordinance emerges as an essential tool for tenants dealing with issues like mold and other problematic conditions after the hurricane. However, the ordinance’s enforceability remains uncertain due to a potential conflict with an existing state law that prevents tenants from withholding rent without a judicial order.
Asheville Mayor Esther Manheimer mentioned, “It effectively is more of a symbolic statement, that we want to ensure that landlords are providing safe, habitable rental properties.” According to state law, rent can only be withheld with a court order.
This ordinance, proposed by the Asheville Area Tenants Union, aligns with similar measures in other North Carolina cities like Durham and Charlotte. It complements an existing system that allows tenants to report unsafe conditions to city authorities.
Jen Hampton, a union organizer, collaborated with the city’s lead attorney, Brad Branham, to draft the policy. While acknowledging the limits imposed by state law, Hampton contends that the ordinance is more than symbolic. “It shifts the power balance so that tenants now have more of an avenue to be compensated or get their unsafe living conditions fixed,” she said.
Branham clarified that rent payments could only be halted in accordance with the state statute, reinforcing that the ability “would only kick in upon the issuance of an order from the city saying that.”
Hesitation from Council Members
Despite the unanimous vote, some council members, like Maggie Ullman, expressed reservations due to the ordinance bypassing review by the Housing and Community Development Committee. This committee meeting was canceled due to a lack of actionable items.
Matt Allen, from the Land of the Sky Association of Realtors, urged the council to reconsider the ordinance’s expedited process, highlighting potential tenant misunderstandings that could inadvertently breach state law.
Council members Ullman and Sage Turner also advocated for including mold in the list of unsafe conditions, though legal constraints currently prevent this. Branham explained that without a recognized national standard for mold levels, it remains difficult to regulate.
