New Bill Would Extend Organizing Rights to LIHTC Tenants

Representative Delia Ramirez of Illinois recently introduced a bill in Congress that could affect tenant engagement across Low-Income Housing Tax Credit (LIHTC) sites. Her bill, the Tenants’ Right to Organize Act (H.R. 3049), it would for the first time establish a legal right for LIHTC and Housing Choice Voucher (HCV) tenants to form and participate in tenant organizations. Historically, LIHTC tenants have not had a clear legal right to organize. This right is currently recognized only for residents of public housing.

If passed, this measure would require owners and state housing credit agencies to recognize tenant organizations and engage with them on issues related to building conditions, lease enforcement, and community needs. The bill would also prohibit retaliatory actions against tenants who organize and make it easier for tenant groups to meet and communicate with fellow residents.

The proposed legislation requires that tenants be allowed to engage in organizing activities, including outreach efforts and meetings in common areas of the property. Residents wouldn’t need prior permission to distribute flyers, speak with neighbors, or hold discussions about forming a tenant group. Staff would also be required to accommodate these meetings in on-site community spaces when available.

If an owner takes adverse action against a tenant shortly after they’ve been involved in organizing–such as issuing a lease non-renewal, raising fees unexpectedly, or cutting off services–those actions would be presumed retaliatory under the bill unless proven otherwise. Owners would need to show that any such move was unrelated to the tenant’s organizing activity.

Also, managers would also need to respond to tenant concerns in writing, and within a set time frame. When tenants flag poor housing conditions, a written response would be required within 30 days. For all other organizing-related feedback, responses would need to be issued within 60 days.

The bill calls for the Treasury Department to develop and implement an enforcement process. This includes a system for tracking complaints from tenants, conducting independent investigations, and reporting outcomes to Congress on a quarterly basis.