Organizers present City of Wilmington Autonomous Tenants Union; legal aid urges renters to call for eviction help

Organizers of a new City of Wilmington Autonomous Tenants Union told a City of Wilmington committee on March 19 they intend to organize renters, provide mutual support for repair and habitability complaints, and press for changes at the state and local level to make withholding rent and landlord contact information easier for tenants.

The presentation to the Health, Environmental, Aging and Disabilities Committee came from Cheyenne Miller, Anne Aviles and Tony Serzaga. “We’re currently…working long and hard to build up this tenant union,” Aviles said, describing the group as a grassroots effort to connect renters and provide a separate, tenant-led resource for housing problems.

The union’s representatives laid out gaps they say exist between what legal-service organizations can provide and what tenants need. Tony Serzaga, a staff attorney with Community Legal Aid Society, told the committee his organization is focused on eviction defense and intake, and that repair and “conditions” cases are the most common matters the agency must turn away because of limited resources. “If you’re experiencing any type of legal issue where you need an attorney…that is the number to call to begin the intake process with us,” Serzaga said, directing listeners to the agency’s published phone number and self-help materials.

Organizers described several policy priorities they are pursuing or supporting: requiring landlords to provide reliable contact information (including beneficial owner disclosure for properties held by LLCs), reactivating or ensuring access to an escrow mechanism for tenants who withhold rent for repairs, and state-level changes to allow withholding of an entire month’s rent when repairs are needed. “Landlords need to be available…for tenants to be able to have any type of communication,” Cheyenne Miller said, noting that many Wilmington properties are controlled by out-of-state investors and management companies.

Committee members and councilors in attendance responded broadly in support and pledged to work with organizers. Council Member Nathan Fields said he and other council members want to pursue beneficial-owner disclosure and look into how the city might assist with rent-withholding procedures even where state law constrains the city’s authority.

Serzaga described practical limits under existing law: his staff prioritize eviction defense and do not have capacity to bring routine conditions cases, and he warned tenants that withholding rent carries legal risks unless done according to the statutory procedure. During the presentation he referenced the “Delaware landlord-tenant code” and said the current withholding parameters include a specific dollar limit and a two-thirds-per-diem test; organizers and some council members said they are advocating at the state level to change that limit.

Organizers encouraged tenants to sign up via the union’s email address for monthly meetings and mutual-aid activities; the presenters said they will provide self-help materials, sample letters for repair requests, and guidance on documenting conditions. The presentation closed with organizers urging tenants to organize collectively so they can press for broader renter protections and support one another when private attorneys or legal-aid resources are insufficient.

Committee chair Council Member Coby J. Owens thanked presenters and indicated the council will follow up; multiple council members said they would meet with organizers to explore options that fit within the city’s legal authority and to coordinate with state lawmakers where necessary.