Sen. Wyden introduces bill protecting low-income tenants

Portlanders living at The Russell, a North Portland apartment complex, recently formed a tenants’ union to collectively address issues they had with their management company, Trion Living.

Trion advertises several amenities on its website, including on-site management, package receiving and an elevator for the six-story building. However, when the on-site manager moved, the company failed to bring in another, and the quality of life deteriorated.

An elevator outage from Dec. 19, 2023 to March 20, 2024, sparked conversations between tenants with the help of organizers from Portland Tenants United, or PTU, and Renters’ Action Network, or RAN — two local organizing coalitions of renters and activists fighting systemic injustices in housing.

As they began knocking on doors, they found most residents agreed the issues were out of hand. They started meeting weekly to develop a demand letter, sent it to Trion Living and created a shared folder to document ongoing concerns.

“We were sort of a spark for this organizing effort,” Skye Hawthorne, a RAN organizer, said. “But it was a powder keg waiting to explode. There was a lot of natural momentum.”

The Russell Apartments Tenants’ Union demand letter outlined a host of grievances residents said Trion Living needed to address, including poor communication with residents, poor building security, opaque charges and high utility costs.

“We have experienced violations of legal tenant protections, unsafe living conditions, and a consistent lack of communication from management regarding our concerns,” the letter said.

Tenants at The Russell are not alone. Many renters face similar issues in Portland and across the U.S.

In May, PTU conducted its Annual Renter Survey, in which more than 200 respondents outlined their concerns and experiences renting in Portland. 43% of respondents reported managers did not do necessary maintenance after they reported it, and another 40% reported that the maintenance was incomplete or of poor quality when it was done.

“It feels like there is no incentive for management companies to do anything beyond their legal obligations,” one tenant said, according to the report.

Now, a handful of U.S. Senators hope to educate the public about the right to organize and expand the right to people receiving federal housing assistance. Oregon Sen. Ron Wyden joined Pennsylvania Sen. John Fetterman, Vermont Sen. Bernie Sanders and others to introduce a new bill to address inequities in organizing rights for people who receive housing assistance Sept. 18.

The Tenants’ Right to Organize Act seeks to amend the United States Housing Act of 1937 to promote the establishment of tenant organizations. It would expand protections for residents receiving low-income vouchers, prevent landlord retaliation, and provide funding for established tenant organizations.

Wyden said the right to organize is a First Amendment issue, and he hopes the Tenants’ Right to Organize Act will protect people who speak out to improve their living conditions.

The bill requires public housing agencies and owners to recognize tenant organizations and respond meaningfully to their concerns.

“You shouldn’t have to check your First Amendment rights and your organizing rights when you walk through the front door of your apartment,” Wyden said.

Framework

Chase Sterling, a resident at The Russell, said it was helpful to have a third party mediate between tenants and provide a framework for appealing to owners. Tenants participated in a campaign to escalate and pressure Trion Living, including writing negative Google reviews and filing official code complaints — tactics familiar to PTU and RAN organizers.

“Organizing in a collective way is very different than what individual wants and needs are,” Sterling said. “To have someone else come in and really help get us started was amazing.”

Sterling said whether a tenant is paying the total market rate or is using a housing voucher like those Wyden’s bill hopes to address, housing should meet the basic standards promised in a rental agreement.

“No matter what you’re paying in rent, whether you’re in below market rate housing or you’re paying above market rate, whatever you’re promised is what you’re entitled to,” Sterling said.

The United States Housing Act of 1937 sought to remedy unsafe housing conditions and address the affordable housing shortage at that time.

“The Federal Government cannot through its direct action alone provide for the housing of every American citizen, or even a majority of its citizens, but it is the responsibility of the Government to promote and protect the independent and collective actions of private citizens to develop housing and strengthen their own neighborhoods,” the text of the bill says.

Wyden hopes the bill he and his colleagues introduced will help renters recognize their agency and improve their living situations wherever they are, whatever rate they’re paying.

“You ought to give people the power — actual leverage — to advocate effectively for change that improves these buildings and improve their lives,” Wyden said. “There just isn’t any reason that folks in these buildings should be denied the power to speak up, fight for sanitary and safe living conditions and be able to live without fear.”

Not all tenants living in federally supported housing have a legally recognized right to organize, according to Wyden. That leaves many Section 8 Housing Choice Voucher and Low-Income Housing Tax Credit recipients unable to organize and address their housing concerns.

The PTU report noted that the expiration of COVID-19-era supports continues to threaten the stability of respondents’ housing. 49% of respondents said various issues threatened their housing stability within the 12 months before the survey, and 12% were due to a conflict with a landlord or property manager.

Renters reported attempts to resolve issues by working directly with a landlord, contacting the city of Portland’s Rental Services office, and contacting legal aid services or tenant advocacy groups like PTU. Still, 43% of respondents said owners and managers did not resolve their issues.

“With no clear place to receive help and a lack of education about their rights, the process of navigating these systems adds stress to an already difficult situation,” the report said.

The bill requires owners to notify each tenant of their right to organize. It also creates a grant program for outreach and training, as many tenants don’t know they have the right to organize a tenants’ union.

That includes protecting activities related to establishing a union, requiring owners to allow tenant organizers to conduct surveys, post information on bulletin boards and distribute leaflets under unit doors and in common areas.

Wyden said his focus is on creating legislation that empowers people rather than concentrating more wealth on the top.

“Smart government policies give everybody a shot at getting ahead,” Wyden said.

Further, the Tenants’ Right to Organize Act requires HUD and the U.S. Treasury to create enforcement mechanisms that are essential for holding bad actors accountable. This will give tenants a place to go if a landlord violates their rights and give them confidence that the appropriate authorities will investigate their claims.

Wyden said elected officials should maintain relationships with anti-poverty groups so tenants facing issues can contact their offices to demand accountability.

“Having an effective voice means you get to use that voice without retaliation,” Wyden said.

Trion Living ultimately compensated residents financially for the elevator outage. Still, residents said the process was inequitable. Trion Living obligated residents who took the compensation to sign a hold-harmless agreement to receive the funds — a common tactic for management companies hoping to break up tenants’ unions, according to Hawthorne.

While Trion Living did not officially recognize the union, tenants’ efforts are ongoing.

“Now it’s up to the Russell tenants’ union to really define itself and keep things going,” Sterling said.

Trion Living did not respond to Street Roots’ request for comment at the time of publishing.•

Editor’s note: A Street Roots staff member is also a member of The Russell Apartments Tenants’ Union. They have no affiliation with the newspaper, and did not speak to any Street Roots reporter for this story.

Street Roots is an award-winning weekly investigative publication covering economic, environmental and social inequity. The newspaper is sold in Portland, Oregon, by people experiencing homelessness and/or extreme poverty as means of earning an income with dignity. Street Roots newspaper operates independently of Street Roots advocacy and is a part of the Street Roots organization. Learn more about Street Roots. Support your community newspaper by making a one-time or recurring gift today.

This article appears in Nov. 6, 2024.