Forming A Tenants’ Association

What laws protect my right to form, join, belong to, and participate in a tenants’ association?

Real Property Law § 230

Landlords cannot interfere with the right of tenants to form, join, or participate in any group formed to protect the rights of tenants, nor harass or punish tenants or withhold any right from tenants for exercising this right. Tenant groups have the right to meet on-premises or in areas devoted to common use [free of charge]. 

What is a tenants’ association for?

A tenants’ association is a union of all or most of the tenants in a building. When tenants work together, they can apply more pressure to make a landlord provide services, make repairs, and stop harassment—and get the best possible home for the rent they’re paying. A strong tenants’ association can force a landlord to listen; as a group, the tenants can have more leverage to negotiate, file complaints with the city and state agencies that oversee housing, get help from elected officials, go to court, or—if push comes to shove—call a rent strike.

But besides working together to make the conditions in your building better, there are other good reasons for forming a tenants’ association. It’s a wonderful way to get to know your neighbors, make new friends, and build a healthier community. Tenants’ associations make the neighborhood a better place for everyone! Tenants’ associations also strengthen the citywide tenants’ movement, which works to protect and expand tenants’ rights and increase the amount of affordable housing available for all of us.

Do I need to formalize the tenants’ association?

Once your building’s tenants’ association is up and running, you may or may not want to have a formal structure with elected officers, committees, and by-laws. Many TAs get along perfectly well with nothing more than officers, and in a larger building, floor captains. If your building is very large or there’s a lot of work for the TA to do, the tenants can decide whether they want more structure. It’s a good idea to hold off on this process until people have had a chance to work together for a while so that they can get to know each other well enough to see who has good leadership skills.

There is no registration procedure or other formal process that tenants’ associations must go through to become formalized. There is no official recognition of TA under the law nor are there special legal powers. Tenants’ associations are simply groups of people who have decided to work together in dealings with their landlord and other matters relating to their community.

Your landlord is not required by law to recognize or deal with your tenants’ association, and in the beginning, your landlord may simply ignore your group. Your power will come through your coordinated, collective action. For example, when numerous tenants call 311 in a coordinated way to complain about conditions or file a case in housing court together, they can accomplish more than when tenants act alone.