City of Austin Ordinance Postponed: Permanent Notice of Proposed Eviction

Posted By: Emily Blair, CAE Community ,

The City of Austin Council has postponed the ordinance related to evictions and tenant organizing.  

 

The item will instead, be on the September 29, 2022, Council agenda, and will come back as two separate ordinances, one addressing the right to cure and one addressing tenant rights to organize.   

   

The Austin Apartment Association has been active in meeting with all the city council members and will continue to engage to bring forward the rental housing providers’ voices.  

 

The Austin Apartment Association opposes a 21-day notice of proposed eviction and will continue to engage with Council on better alternatives.   

 

How can you help?  Here’s how:  

  1. Read up on what is being proposed: read the draft combined ordinance. 
  1. Check out our recommendation for an alternative ordinance: read the ordinance of tenant rights (draft) 
  1. Attend virtual meetings with the Council.  Ask Emily for details – we will be arranging meetings in the coming weeks and will need to include member constituents! 
  1. Phone a friend!  Now is the time to pick up that phone and call or text a few of your colleagues to alert them of these two pending ordinances.  Don’t leave fellow industry members in the dark! 

Below is a summary of what has been proposed so far. AAA is working with all stakeholders to continue to propose alternatives, with fewer unintended consequences.  

 

 

The Notice of Proposed Eviction proposed regulation:  

  • Would be required for evictions on or after the effective date of the ordinance.  
  • Proposes the minimum number of days between the notice of proposed eviction and the NTV to be 21. 
  • Allows a landlord to require the tenant to respond to the notice of proposed eviction.  
  • The response period must be at least 14 days.  
  • If the tenant fails to contact the landlord, the landlord may give the notice to vacate before the 22nd day.  
  • Specifies scenarios where a notice of proposed eviction would NOT be required.  That includes when: 
  • Actions of the tenant, a member of the household, or the tenant’s guest pose an imminent threat of physical harm.  
  • Criminal activity.  
  • Insured casualty loss that makes the residential premises totally unusable.  
  • Intentional damage by tenant, a member of the household, or tenant’s guest.  
  • Does not require the notice when the tenant holds over after giving notice of termination or intent to vacate.  

The Tenant Organizing proposed regulation:  

  • Establishes the right for tenants to organize or to choose not to organize.  
  • Identifies the activities that are considered tenant organizing.  
  • Within 6 months of a tenant establishing, attempting to establish, or participating in a tenant organizing, requires a landlord to not retaliate against a tenant.  
  • Defines retaliation as:  
  • Depriving the tenant of the use of the premises;  
  • Decreasing services to the tenant;  
  • Materially interfering with the tenant’s rights under the lease;  
  • Increasing the tenant’s rent; or  
  • Issues a notice to vacate or files an eviction proceeding 

 

Questions?  Contact Emily Blair, Executive Vice President at emily@austinaptassoc.com