Durham moves to strip negligent landlords of rent, arming tenants with power
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- Durham Council banned rent collection on units ruled imminently dangerous.
- Ordinance lets tenants withhold rent in court to force repairs and avoid eviction.
- Measure targets structural, facility, fire, egress hazards and pest infestations.
The Durham City Council gave tenants a powerful new tool this week to combat unsafe living conditions.
The change in the city’s housing code makes it unlawful for a landlord to collect rent for a dwelling determined to have “imminently dangerous” conditions.
Passed late Monday night, the ordinance is a significant victory for tenant advocates, allowing renters to legally withhold rent in court to fight eviction and compel landlords to make necessary repairs. Landlords can be charged with a misdemeanor if they collect rent on housing that has imminently dangerous conditions.
The ordinance took effect immediately on the day of the vote, October 20.
“This ordinance would be a critical step toward justice, health and dignity for the people of our beloved city,” renter Brianda Barrera told the City Council. “This ordinance is a shield for the most vulnerable members of our community.”
The human cost
The need for the ordinance was underscored by emotional testimony from dozens of residents detailing deplorable living situations.
Renter Brenda Solomon told the council she was facing eviction after being forced to use her rent money to buy a replacement refrigerator for her medication, which her landlord had failed to fix for months.
“I’m getting ready to get evicted because I didn’t pay him,” Solomon said. “I don’t understand why they’re still getting paid, and we’re living in crappy places.”
Nicole Drapluk said she and her neighbors endured weeks without air conditioning last summer with indoor temperatures rising above 80 degrees, despite repeated complaints.
Victor Urquiza, an East Durham renter, said landlords often take advantage of immigrant, Spanish-speaking communities , expecting them to pay full rent amid power outages, broken AC systems and bug infestations because of their “lack of language access” and fear.
“We are expected to pay our rent on time every single month or risk eviction,” he said.
Peter Gilbert, litigation director for the North Carolina Justice Center, said the ordinance addresses the root issue and recalls visiting apartments with roaches, holes in the floor, leaking roofs and no heat. He said Charlotte’s code, which has been used for 15 years, has helped tenants advocate for safe housing.
“With the lack of affordable housing in Durham, landlords have very little financial incentive to fix anything,” he said. “Tenants are afraid to call the city; they’re afraid to make complaints.”
The new tenant protection law
The amendment to the housing code makes it illegal to collect rent when a property is deemed “imminently dangerous to health or safety” due to:
- Structural Issues: Rotted, fire-damaged, or insect-damaged structural supports, flooring, steps, or an unsafe ceiling or roof.
- Facility Failures: No potable water supply, no operable sanitary facilities, or no functioning heating system during the cold winter months (November through March).
- Safety Hazards: Fire hazards in a chimney, unsafe wiring, a dangerous space heating unit, or a severe pest infestation.
- Egress and Security: No safe, continuous, and unobstructed exit, or a lack of operable locks on windows and doors providing access to a unit.
The change was spearheaded by students in the Affordable Housing Club at Riverside High School, who drafted the initial ordinance and found a champion in Councilwoman Chelsea Cook.
Student leader Milo Graber called the ordinance “good policy” that would give tenants “more power in negotiations with landlords.”
He stressed that unsafe housing directly impacts students, who can be forced to change schools when they are evicted and must find housing in different areas.
Landlord opposition and legal warnings
The City Council moved forward despite warnings of a potential legal challenge and opposition from landlord associations.
The City Attorney’s Office previously advised caution, noting the ordinance could be preempted by the state’s Landlord Tenant Act and open the city to a lawsuit, potentially forcing Durham to pay the opposing party’s attorney’s fees.
Council members, however, refused to add language that would explicitly void the ordinance if preempted by state or federal law. Cook argued that doing so would “weaken the teeth” of the amendment and undermine its efficacy as a tenant tool.
Councilman Nate Baker called the amendment a “rare opportunity” to use police powers to fill a gap in the law and affect the greatest household expense for residents.
Interim Director Anthony Snell said the Durham Housing Authority, which owns about 1,900 affordable units in the city, is a federally funded entity and must collect rent to maintain property viability. He argued that adequate state and federal safeguards, such as Housing Quality Standards inspections and rebate statutes, are already in place.
Representatives from real estate groups echoed Snell’s concern.
Jordan Forestrali of the Durham Regional Association of Realtors said the ordinance would “further burden city staff and landlords” with duplicative language. Brian Holiday of the Triangle Apartment Association said the language “risked confusion” because current law already allows residents to report concerns to code enforcement.
Next steps
After the council passed the amendment, the room burst in applause.
In a press release, the North Carolina Tenants Union, said before the passage of the ordinance, tenants suing their landlords to get back rent and necessary repairs were required to “jump through complex legal hoops.”
“This ordinance makes it clear, unlivable means unlivable,” the statement read. “This measure will be an invaluable tool for tenants organizing with their neighbors to win repairs.”
This story was originally published October 22, 2025 at 8:27 AM with the headline "Durham moves to strip negligent landlords of rent, arming tenants with power."