Allegheny County Council on Tuesday approved legislation aimed at protecting tenants’ rights and stopping landlords from retaliating against renters who flag problems.
The measure bans landlords from punishing renters who join tenants’ associations, request repairs to ensure housing conditions are safe, file complaints with government agencies, speak with media outlets about poor living conditions or exercise any other rights that renters are guaranteed by law.
Under the legislation, a tenant who believes they’re being targeted for requesting repairs, joining a tenants’ council or filing a complaint can force the landlord to prove that’s not the case — rather than the other way around.
Maddy McGrady, co-chair of the Housing Justice Table, said the bill flips the dynamic and puts the burden on landlords to prove an eviction isn’t retaliatory.
“For too long, the balance of power has skewed heavily in favor of landlords,” she said. “It gives tenants a fair chance to exercise their legal rights without fear of losing their housing. It shifts the burden of proof from the tenant to the landlord.”
It can be challenging for renters to prove retaliation, McGrady said, and no comprehensive data is tracked on how often people are evicted as retribution for demanding better living conditions.
There are about 161,000 renter-occupied households in Allegheny County, according to the legislation.
Councilman Jordan Botta — who co-sponsored the bill with Councilman Alex Rose and Allegheny County Executive Sara Innamorato — said he has had poor experiences with bad landlords firsthand.
“We have a lot of issues with tenants who have conditions that are sub-prime at best,” he said.
Currently, the burden is “highly on the tenant to prove their case,” Botta said.
After the county executive signs the bill, that will change to a requirement for a landlord to prove they’re not retaliating if a renter alleges they were. Botta said this would play out in magisterial district courts prior to an eviction.
Councilwoman Suzanne Filiaggi was the lone dissenting vote.
“It’s not an anti-landlord provision,” Botta said. “It’s a pro-fairness provision. A lot of landlords want to do the right thing.”
Botta said his hope is that the bill ensures people feel safe from the threat of being kicked out of their home if they want to seek help or raise concerns.
“At the end of the day, no one should ever have to choose between speaking up about unsafe living conditions or having a roof over their head,” the councilman said.
