Resurrecting the Rent Strike Law

University of Pennsylvania Journal of Law & Social Change 1 (2023).

Rutgers Law School Research Paper No. Forthcoming

35 Pages Posted: 6 May 2022 Last revised: 30 Mar 2023

See all articles by Greg Baltz

Greg Baltz

Rutgers, The State University of New Jersey - Rutgers Law School; NYU Furman Center for Real Estate & Urban Policy

Date Written: March 25, 2022

Abstract

In the winter of 1963–1964, the mass uprising of rent striking tenants in New York City provoked the passage of the Rent Strike Law, a private right of action for organized tenants in degrading New York City buildings to remove their landlord from control of the property and appoint a rental receiver in their place. In the ensuing decades, the Rent Strike Law became a critical tool for stabilizing neglected properties and converting them responsibly managed housing. Today, the Rent Strike Law, now commonly referred to as Article 7-A, has fallen into disuse within the context of New York City’s speculative multi-family real estate market. Meanwhile, tenants living in precarious housing elsewhere in New York State lack access to the law. This Article examines the remedial framework available to tenants in New York State—who, excluded from the Rent Strike Law, lack sufficient tools to win repairs and stabilize neglected properties—to illustrate the continued value of this law in New York City and argue for its extension across the State. This Article further demonstrates how the Rent Strike Law was employed historically as a tool to transfer ownership of neglected properties. This Article closes with policy proposals that will enable organized tenants to once again leverage the Rent Strike Law for its historical dual purposes of winning repairs and facilitating the sale of neglected properties to responsible owners or the residents themselves.

Keywords: receivership, rental receivership, Article 7-A, 7-A administrator, landlord-tenant, housing, access to justice, code enforcement

Suggested Citation

Baltz, Greg, Resurrecting the Rent Strike Law (March 25, 2022). University of Pennsylvania Journal of Law & Social Change 1 (2023)., Rutgers Law School Research Paper No. Forthcoming, Available at SSRN: https://ssrn.com/abstract=4072031 or http://dx.doi.org/10.2139/ssrn.4072031

Greg Baltz (Contact Author)

Rutgers, The State University of New Jersey - Rutgers Law School ( email )

123 Washington Street
Newark, NJ 07102
United States

HOME PAGE: http://https://law.rutgers.edu/directory/view/gb558

NYU Furman Center for Real Estate & Urban Policy ( email )

New York, NY
United States

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