BUILDING TENANT POWER

To win better living conditions and just housing system, we must build our Tenant Power.  To build and win better conditions we must Know Our Power and Know Our Rights.  

Know Our Power 

We have strength in numbers.  Individually it can be very hard to bring about major changes in our living conditions.  But you are not alone. By uniting with our neighbors and other tenants we have the power to effect change in our buildings and in the housing policies that affect our lives.  

We have numerical power

As tenants we are 63% of the residents of Rochester.  That makes us a supermajority of the City. The only thing that can combat the power of money is the power of the people. 

We have public power

Our stories matter.  Our stories of hardships and courageous action are part of the fabric of the community.  They can move our society toward a more just housing system. When we elevate our stories we can no longer be ignored, dehumanized, and exploited. 

We have economic power 

As tenants our rents pay the majority of the taxes in the city. City services are dependent on tenants.  Our rents pay the majority of the mortgages in the city. The banking and financial are dependent on tenants.  Our rents keeps landlords, developers and the real estate industry in business. Landlords and developers are dependent on tenants.  If we act together, can change the economics of the housing system and better our conditions.

We have political power 

Acting together gives us tremendous political power. If we act together we can override minority rule policies that only benefits the richest 1%. Many of the 1% of the economy, including the Lords of the Land (aka Landlords), do not even live in the city or the region. Acting together gives us tremendous political power enact policies, elect candidates, and if necessary pass laws directly through referendum. 

Know Our Rights 

To exercise our tenant power we must know your legal rights in order to exercise and our rights expand them.  

All Tenants Have the Right to Live in Dignified Conditions 

Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment. Any lease provision that waives this right is contrary to public policy and is therefore void. Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation. (Real Property Law §235-b).

Landlords Have a Duty to Repair 

Landlords of multiple dwellings must keep the apartments and the building’s public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating and ventilating systems and appliances landlords install, (such as refrigerators and stoves), in good and safe working order. All repairs must be made within a reasonable time period. (Multiple Residence Law §174)

All Tenants Have the Right to Organize 

Tenants have a legal right to organize. Tenants may form, join, and participate in tenant organizations for the purpose of protecting their rights and improving their conditions. Tenants' groups, committees or other tenants' organizations shall have the right to meet without a fee on the premises including a community or social room (Real Property Law § 230)

Landlord Retaliation for Organizing is Illegal 

Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants 

(a) make good faith complaints to a landlord, property management, or government agency regarding violations of any health or safety laws; 

(b) take good faith actions to protect their rights under the lease; or 

(c) participate in tenant organizations. 

Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units (Real Property Law § 223-b).

Tenants in certain publicly owned or subsidized buildings have additional rights. More information to come!




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