Key facts
- Stacey Johnson-Cosby said tenant right of first refusal rules can require a landlord to offer a renter the chance to buy before listing.
- Johnson-Cosby said such waiting periods can run 30 days, 90 days or six months depending on the jurisdiction.
- Johnson-Cosby and Monica Gilroy named tenant right of first refusal, just cause eviction rules and source of income protections as the laws agents should watch most.
- Gilroy said source of income protections are pushing into the mortgage space when lenders assess a borrower's ability to obtain a mortgage.
- Johnson-Cosby said she helped pass a state law pre-empting source of income protections through advocacy.
Realtors are raising concerns about tenant protection laws they say are spreading across US jurisdictions, after more than 100 candidates endorsed by the Democratic Socialists of America won federal, state, county and municipal races in the midterm elections, according to a report published November 9.
Speaking at a session during the National Association of Realtors' 2026 NXT conference on Sunday, November 8, agent Stacey Johnson-Cosby of ReeceNichols said the DSA's goal is social housing backed by public dollars, universal rent control and tenant organizing including rent strikes. She said the group seeks to end land and real estate speculation and to decommodify housing.
Johnson-Cosby said the impact is showing up in the investor and rental space through what have been termed tenant protection laws, a term she rejected. She and Monica Gilroy, a founding member and managing partner at Gilroy Law Firm, named tenant right of first refusal, just cause eviction rules and source of income protections as the measures agents should watch most.
Under a tenant right of first refusal, Johnson-Cosby said a landlord wishing to sell must first offer the tenant the option to buy, with waiting periods that can run 30 days, 90 days or six months depending on the jurisdiction. She said just cause eviction rules let renters stay as long as they do not violate the law or the lease.
Gilroy said source of income has become a protected class under fair housing laws in some jurisdictions, covering alimony, gig work, rental assistance programs and housing choice vouchers, and that denial of housing on that basis has been the subject of multiple lawsuits tied to rentals. She said the issue is also pushing into the mortgage space when lenders assess a borrower's ability to obtain a mortgage.