On Wednesday I introduced an order for legislation requiring that landlords recognize tenant organizations in the City of Boston and that both parties negotiate in good faith before an issue is taken to housing court. The legislation includes some exemptions for landlords. Those who live in the city and own fewer than 20 units and those who live outside the city and own fewer than 10 units are exempt from the negotiation requirements.

This legislation is proposed because renters across the city, especially low and moderate-income renters, are facing a lot of economic pressure. They need the ability to bring landlords to the table to make sure that their voices and concerns are being heard. Most landlords do listen to their tenants. But a few do not, and this legislation is aimed at them. Too many times, problems between these two groups are escalated by the fact that landlords refuse to recognize tenant groups as legitimate bargaining entities. In many instances small tribulations are taken to housing court, expending unnecessary resources and money. When an issue is taken to housing court there is a winner and loser; through the proposed legislation, the goal is win-win.

Recognition of tenant organizations is similar to collective bargaining for workers. Workers in industry are given the right to organize and be represented, thus increasing the well-being of the workforce around the country. The proposed legislation is not an attempt to replicate labor laws, but to simply increase the communication between landlords and their tenants.

In September I held a hearing regarding the process of mediation and negotiation between property owners and tenant associations. At this hearing I invited speakers with different interests in the area of housing including tenant advocates, real estate industry representatives, small landlords, and community developers. Also present at this hearing was Michael Kelley, Director of the Rental Housing Resource Center (RHRC). The testimony at the hearing provided the basis of information for my decision to file this order. Additional resources included the ideas I learned through extensive meetings with the Consensus Building Institute (CBI), based in Cambridge. CBI was founded by an MIT professor, Larry Susskind, and David Fairman. Both are experts in the field of conflict resolution, housing law, and urban planning.

As with every piece of legislation, this one does have some opposition, much of which revolves around the issue of rent control. Many landlords see this as a form of rent control. Bringing tenants and landlords together to talk about their issues is not rent control. The discussions can involve any issue related to the tenancy of the property, such as improvements, safety or sanitation. Their discussions would be mediated by the RHRC, a neutral party, to make sure both parties are sincere and honest in trying to reach an agreement. No one has any control, or even any oversight, over rents. When rent control exists, it means there is an agency whose job it is to control rents. No such agency is created by this legislation.

My purpose with this legislation is not to create hardships for landlords. At the same time, I have empathy with tenants. I want to make sure they are treated fairly and reasonably. Most landlords in the City of Boston are sympathetic individuals who make every effort possible to compromise with their tenants. Unfortunately though, some do not; they instead seek to "divide and conquer" their tenants, refusing to recognize them as a group. With this attitude the landlord is failing to recognize that quite often occupants of a building are a community, who share the same needs, wants and concerns.

In the end though, it is really up to the two parties, namely the tenants and landlords, to come to a resolution. No legislation can effectively force two groups to come to terms with each other. In this legislation there are no consequences for failure to agree, only failure to negotiate in good faith. However, I firmly believe that many conflicts can be resolved simply by getting both parties to the table, thus saving valuable time and resources and improving communication between the parties.