Unsafe Dwelling Rent Protection

At a glance

What: Ordinance 5261 adds Section 4-209(c) to the housing code: it is unlawful for an owner to collect rent from a tenant of a dwelling that is unfit for human occupancy, unsafe and a threat to life or property, once a code inspector's order under Section 4-217(b) has been issued. Backed by the Asheville Area Tenants Union ("No Rent for Slumlords").
Where it stands: Adopted unanimously on September 8, 2026, with an amendment adding the inspector-order requirement.
Next: Councilwoman Turner suggested the Housing and Community Development Committee take up mold and communication to the community; Councilwoman Roney suggested asking other disaster-affected cities how they handle mold and updating the housing needs study to look at housing quality.

Not staff-initiated; staff helped draft materials and made no recommendation. Charlotte, Pineville, Pittsboro and Durham have enacted similar provisions.
City Attorney Branham proposed adding "and upon the issuance of an order prepared in accordance with Section 4-217(b)". He explained the process: a complaint leads to inspection, a notice of violation and a chance to cure and be heard; only if the problem is not remedied does an inspector issue the order that triggers the rent provision. He warned that North Carolina law largely preempts local regulation of residential rentals and says tenants may not withhold rent without a court determination, so communication about the ordinance must be careful.
Mold: Attorney Branham said there is no recognized national, federal or state standard for unsafe mold and the State Building Code, which inspectors enforce, does not include it, so a local mold condition would be very hard to enforce. Speakers had asked that mold be listed. Councilwoman Ullman said more research is needed.
The ordinance directs code enforcement to give priority to dwellings covered by Section 4-209. Private rights of action against landlords are separate and not part of the ordinance.
Councilwoman Ullman moved the amended ordinance, seconded by Councilwoman Turner, unanimous; she then moved final adoption of the ordinance, seconded by Councilwoman Turner, unanimous.

Vice-Mayor Mosley read a statement from Jen Hampton, staff organizer of the Asheville Area Tenants Union, thanking Council and describing tenants living with severe mold, unsafe electrical systems, no heat and structural hazards.
Eight people spoke in support, one asking for mold to be a listed condition.
Three people did not oppose but asked Council to delay so rental owners and property managers could help shape it, with notice, time to cure and objective standards.

City Council minutes, September 8, 2026: https://docs.google.com/document/d/1xu-SdtT5815ZnSgeplTv7A4GOeblspJHXP_OiuInyIE/edit
Related public comment: 2026-09-22 - City Council (a speaker asked that mold be added as a condition rendering a dwelling unfit).

Public comment asked that mold be included as a condition that makes a dwelling unfit for occupancy. No action.

New business: amendment and adoption of Ordinance 5261, both unanimous.