Boise & Garden City

In a fight with your landlord? These 4 changes are designed to help Boise tenants

City leaders propose to add tenant protections for Boise renters, making it harder to displace them and requiring that they receive notice about their rights.

The changes could come as city leaders have rewritten the city’s zoning laws in an effort to boost the construction of new apartments.

Here are four key proposals for tenants, brought this month before the Boise City Council.

1. Prohibit retaliation

Nicki Hellenkamp, Mayor Lauren McLean’s housing adviser, proposed adding language to city law banning landlords from retaliating against their tenants.

The changes would aim to make sure tenants can request repairs and raise safety concerns or other issues “without fear of retaliation,” Hellenkamp said. In this context, retaliation would mean terminating a tenancy, refusing to renew a lease, increasing rent, decreasing services or harassing tenants.

An eviction notice on a form provided for landlords’ use by the Idaho Judicial Branch as part of its assistance to landlords and tenants in eviction proceedings.
An eviction notice on a form provided for landlords’ use by the Idaho Judicial Branch as part of its assistance to landlords and tenants in eviction proceedings. David Staats dstaats@idahostatesman.com

2. Require notice of tenant rights, responsibilities

Another provision would require landlords to inform tenants of their rights and responsibilities.

Hellenkamp said the city would create a document online listing the information, and landlords would have to provide their tenants with access to it.

3. No source-of-income discrimination

This would prohibit landlords from denying a lease to a prospective tenant solely because of where the tenant’s money comes from, so long as the money is earned legally.

The city has in mind sources like child support, savings and government assistance.

4. Money back on demolitions

If a landlord displaces tenants because the landlord plans to demolish or renovate a property, the city may require the landlord to return each tenant’s security deposit in full.

Since the apartment building would see considerable changes, or potentially be completely rebuilt, tenants would not be on the hook for minor repairs.

Hellenkamp said the changes could include an exception for “extreme cases,” which she said would be instances where a tenant took something the landlord planned to reuse, like a toilet.

Why City Council does not seek rent control

Council Member Patrick Bageant said he wanted the source-of-income discrimination protections extended to owners of small businesses. But he said it would be appropriate for a landlord to look askance on gift income.

“I think it’s perfectly reasonable for a landlord to say, ‘Wait a minute, you’ve documented your income based on a $5,000 gift from a stranger. I have questions about that.’”

Council Member Jimmy Hallyburton said he thought staff members should explore how gift income is viewed by governments in other cities.

Hellenkamp said an ordinance, if passed, would likely take effect in the new year. The council plans to schedule a public hearing on a proposed ordinance.

In 2019, the council capped rental application fees at $30 in an effort to protect tenants from exorbitant charges.

State law does not allow Idaho cities to impose rent control, as some cities elsewhere have.

Ian Max Stevenson
Idaho Statesman
Ian Max Stevenson covers state politics and climate change at the Idaho Statesman. If you like seeing stories like this, please consider supporting his work with a digital subscription. Support my work with a digital subscription
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