National Consumer Law Center, Inc.Memorandum • August 18th, 2009
Contract Type FiledAugust 18th, 2009The first issue is whether states’ landlord tenant agreements adopt provisions that ensure the benefits of weatherization will flow primarily to low-income tenants as required by federal law. 42 U.S.C. § 6863(b)(5)(A) (2007) (stating that “the benefits of weatherization assistance in connection with such rental units, including units where the tenants pay for their energy through their rent, will accrue primarily to the low-income tenants residing in such units”). Information from a pool of twenty states shows that the vast majority of agreements include provisions granting tenants rent protection, eviction protection, and restrictions on sale due to weatherization improvements in their landlord-tenant agreements.2 Approximately half of the states examined require the landlord to contribute financially or in-kind to the weatherization work.3