Community Protections and Agreements

Low-income populations, people of color, and the elderly are more likely than other groups to be affected by climate gentrification, which refers to the displacement of existing urban populations as a result of climate change impacts, attributed to both the geographic exposure of one’s home (e.g., whether an apartment building is located in the floodplain) or its degree of resilience to those impacts (e.g., whether the building is elevated).^{See footnote 1} For example, low-income residents living at higher elevations may be displaced by wealthier residents leaving flood-prone areas, which could also lead to land speculation in previously affordable neighborhoods.^{See footnote 2} In addition to the increased pressure on the housing market at higher elevations, investments in climate resilient infrastructure can also raise the cost of housing and lead to the physical or economic displacement of residents who have historically resided or lived in those neighborhoods. Frequently, displaced residents are forced into areas with greater flood risk.^{See footnote 3} Flood-related costs, combined with relocation costs and increased commuting costs, could place additional burdens on low-income households. A household in Little Haiti, Miami that moves to a new neighborhood could see its cost of living increase by 10% (relative to the household’s average income).^{See footnote 4} As homeowners and developers increasingly turn to weather-proofing measures and other resilience upgrades, the use of community benefit agreements (CBAs) and certain tenant and renter protections can help reduce the rate of displacement, even if not reversing the process of gentrification.

Community Benefits Agreements

Community benefits agreements (CBAs) are legally binding contracts between developers and community groups that set forth benefits the developer is committed to bringing to the community. In exchange for the community’s commitment to supporting a proposed development project, developers agree to provide a range of community benefits, commonly in areas of affordable housing, environmental improvements, and workforce development.^{See footnote 5} For example, CBAs could require that a certain number of new housing units be made affordable for low- or moderate-income households, or specify community engagement requirements for new housing projects.^{See footnote 6} Developers may also stipulate to hire residents or local businesses for labor and materials, or offer to adopt certain design practices to improve the project’s environmental impact and climate resilience.

Tenant and Renter Protections

Tenant and renter protections can prevent displacement by protecting residents from the factors that contribute to housing insecurity such as rent increases or evictions. Legal protections for low-income and housing-insecure individuals can help address rent increases that may occur after resilience enhancements (community-wide or building-specific) or evictions that may follow a natural disaster.  Strategies could include:^{See footnote 7}

• Just cause eviction controls – Cities could consider passing just cause eviction controls (JCEC) to prevent the eviction of tenants for events outside their control, for example if a natural disaster makes the property uninhabitable.^{See footnote 8} JCECs help make clear the types of actions that lead to a just cause eviction (e.g., failing to pay rent or creating a nuisance), and can prevent landlords from evicting residents without cause (e.g., to obtain higher rent). Most ordinances contain provisions that protect low-income residents, people of color, and the elderly. JCECs can be passed by city councils or initiated through ballot measures.
• Rent control – State and municipal rent control laws limit the maximum rent can be charged to tenants. Rent control laws and policies vary widely by state. New York and California, which have some of the highest housing costs in the country, have the most robust rent control laws. Other states like Georgia and Illinois do not currently have rent control policies. Rent control laws can be passed by city councils or initiated through ballot measures.
• Access to legal services – Some cities provide free or reduced legal access to low-income residents to ensure that they have access to legal representation in the event of a tenant-landlord dispute. Tenant legal service programs help even the balance of power between low-income tenants who are otherwise unable to afford counsel and landlords, who, in cities like New York, have representation in 90% of eviction cases.^{See footnote 9}

Considerations of Community Protections and Agreements

Lessons Learned

• CBAs should be negotiated by community groups that truly represent the community and understand their interests.
• For accountability, CBA negotiations should be developed through a transparent, open process.
• CBAs should include monitoring and enforcement provisions in order to ensure accountability.
• Tenant protection laws should include penalties for landlords and other enforcement mechanisms. Examples include payment of fines and reinstatement of the evicted tenant.
• Residents should be educated about tenant protection policies to help ensure the success of the policies.