By Carol M. Sainthilaire, Executive Director at The Waterfront Project, Inc.
On July 25th , the National Low Income Housing Coalition’s (NLIHC) State and Local Innovation (SLI) project released an insightful case study on just cause eviction laws, highlighting successful efforts in Oregon and Washington State. This publication is a part of NLIHC’s State and Local Tenant Protection Series: A Primer on Renters’ Rights, aimed at shaping the conversation about state and local tenant protections.
Understanding Just Cause Eviction Laws
Just cause eviction laws are designed to prevent arbitrary, retaliatory, and discriminatory evictions by defining permissible reasons for eviction. These laws ensure landlords can only evict tenants for specific reasons such as nonpayment of rent, criminal activity, or significant lease violations. Typically, just cause laws include notice requirements and enforcement mechanisms to ensure compliance, providing tenants with protection and stability in their housing situations.
Case Study Highlights: Oregon and Washington
Oregon: S.B. 608
Oregon’s journey to just cause eviction protections culminated in the passage of S.B. 608 in 2019, after a multi-year campaign led by the Stable Homes for Oregon Families coalition. This law prohibits no-cause evictions after the first year of occupancy and imposes rent increase limitations, requiring a 90-day notice for no-cause evictions.
Key Provisions of S.B. 608:
- For-Cause Evictions: Tenants can only be evicted for specific reasons, such as lease violations or landlord-based reasons (e.g., landlord’s intention to use the unit for personal use or significant renovations).
- Notice Requirements: Landlords must provide a 90-day written notice specifying the reason for termination.
- Relocation Assistance: For landlords owning more than four units, a relocation fee equivalent to one month’s rent must be provided if the eviction is for a landlord-based reason.
- Rent Stabilization: Initially capping rent increases at 7% plus inflation, updated to 10% or 7% plus inflation, whichever is lower, for buildings older than 15 years.
Washington: H.B. 1236
In 2021, Washington State enacted H.B. 1236, mandating landlords provide valid reasons for evicting tenants and expanding notice requirements. This law was part of a broader effort by tenant advocacy groups to align state laws with existing local just cause ordinances.
Key Provisions of H.B. 1236:
- For-Cause Evictions: Landlords must provide a valid reason, such as non-payment of rent, lease violations, or a desire to move into or sell the unit.
- Notice Requirements: 60 days’ notice for month-to-month leases; for fixed-term leases, a 60-day notice of termination is required without needing to provide a reason.
- Tenant Protections: Tenants can assert a defense in court for damages if landlords violate the law.
Advocacy and Legislative Success
Both Oregon and Washington’s success in passing just cause eviction laws were driven by robust advocacy efforts:
- Coalition Building: In Oregon, diverse coalitions of tenant advocates, labor unions, and other organizations worked together to push for tenant protections.
- Legislative Engagement: Persistent efforts by tenant advocates and supportive legislators played a crucial role in passing these laws.
- Public Awareness Campaigns: Educating the public and mobilizing tenants were essential in garnering support and ensuring successful implementation.
Implications for New Jersey
New Jersey can learn from these case studies to enhance its tenant protection laws. Here are some steps we can take:
- Strengthening Just Cause Protections: Implementing comprehensive just cause eviction laws to protect tenants from arbitrary evictions.
- Rent Stabilization Measures: Introducing rent caps to prevent excessive rent increases and ensure affordability.
- Robust Notice Requirements: Ensuring landlords provide adequate notice periods for evictions and lease terminations.
- Supportive Services: Increasing access to legal assistance and emergency rental assistance to support tenants in crisis.
- Advocacy and Education: Building coalitions and running public awareness campaigns to educate tenants about their rights and mobilize support for legislative changes.
By adopting these measures, New Jersey can work towards ending evictions and homelessness, ensuring housing stability for its most vulnerable residents. The Waterfront Project, Inc. remains committed to advocating for these essential protections and supporting tenants in securing safe, stable, and affordable housing.
For more information on just cause eviction laws and tenant protections, visit the NLIHC Tenant Protections Website.