Friday, July 17, 2015

New Landlord-Tenant Laws taking Effect

Howdee everyone,
 
The legislative season is pretty much over until late fall so the frequency of our updates will go way down.
 
The next major piece of our system will be to talk about what changes to plan for in next year’s legislative season.
Submit to us your ideas.
Also, there have been some significant changes over the past 3 years & I’m thinking an education session on these law changes would be a good idea.  It would likely be a small fund raiser to support this legislative initiative.  Tell us your thoughts.
 
 
Important Updates:
SB135, 2015 Lead Law Changes
As the email subject says this is now signed by the Governor and is new law. The bill is quite watered down from its original version with the study commission given more time & membership.  Some of the controversial subjects were given to the commission for study.  The final version is attached.  Because it is much smaller than the original version it is an easier read.
 
The Study Commission provision is in effect immediately and is scheduled to have its first meeting within 45 days.
The commission is scheduled to end 11/1/2018 and is slated to file annual reports starting 12/1/2016.  So this is likely to be a much slower moving commission than in the original bill.
 
The remainder of the bill takes effect in 60 days.
 
HB309, Removal of Tenant's Property
As the email subject says this is now signed by the Governor and is new law. The bill is an important one for us because as the name suggests it gives us more rights to remove tenant’s property including towing of cars.  Under previously existing laws a landlord could really get themselves into trouble towing a tenants car.
 
The final version is attached.  There are precise notice requirements in this law.  Please read thoroughly to be sure you are in compliance.
 
Action items this week:
None. Enjoy.  Welcome to summer.
 
Further below is:
Bills Updated Status summary:
Full details on all bills above
(Which includes property owner position, contact info, talking points, and more)
 
Love & Light,
Nick Norman
Director of Legislative Affairs
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We only list the committee reports on the most important bills affecting the real estate business.  If you want to get the committee report on one of the other bills contact me & I will show you how to get them on line.  It’s not terribly hard to get but not straight ahead either.
 
HB531     
Title: establishing a committee to study short-term rentals by homeowners and owners of residential properties.
Property Owner Position: Varied, some For, some Against, some Neutral
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT
 
SB232     
Title: exempting certain leases from the real estate transfer tax.
Property Owner Position: You Decide
House Status: PASSED / ADOPTED
Senate Status: PASSED / ADOPTED
 
SB135     
Title: relative to lead poisoning in children.
Property Owner Position: For as amended by the Senate
House Status: CONFERENCE REPORT ADOPTED
Senate Status: CONFERENCE REPORT ADOPTED
 
SB235     
Title: relative to the condominium act and the land sales full disclosure act.
Property Owner Position: LimitedImpact; You Decide
House Status: CONFERENCE REPORT ADOPTED
Senate Status: CONFERENCE REPORT ADOPTED
 
HB309     
Title: (New Title) permitting landlords to remove tenants’ property in certain circumstances and relative to the committee to study issues concerning parking for those with walking disabilities.
Property Owner Position: For
House Status: CONCURRED
Senate Status: PASSED / ADOPTED WITH AMENDMENT
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Full details on all bills above:
HB531, Short-Term Rentals Study Committee
04/01/2015 at 02:00 PM    SH 100
Title: Title: establishing a committee to study short-term rentals by homeowners and owners of residential properties.
 
Summary: 1. Seek to establish a committee to study and make recommendations regarding short-term (vacation) rentals by homeowners.
2. Evaluate the effect this will have on the traditional lodging market.
 
Property Owner Position: Varied, some For, some Against, some Neutral
 
Link to Committee Info: 
 
Email to Committee: 
To:
Subject: HB531 
 
Analysis Stated in Bill: 
 
Talking Points:
Short term rentals are not defined in the bill, nor is it clear what types of properties, or the types of rentals the committee is supposed to study. Are rooms in a house rented out as a Bed and Breakfast subject to this study?  See Airbnb.com.  Or are single family residences rented out for a month at a time or less subject to this study.
 
Homeowners have been renting short-term, vacation properties long before hotel chains and vacation resorts came on scene. We don't believe this market is so saturated with homeowner rentals to create a problem. It is this level of competition that creates benefit for the consumer.
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SB232, Exempting Certain Leases From The Real Estate Transfer Tax
04/09/2015 at 11:00 AM    LOB 202
Title: Title: exempting certain leases from the real estate transfer tax.
 
Summary: This bill would exempt from the transfer tax any lease, including any sales, transfers, or assignments of any interest in the leased property, where the term of the lease, including all renewals, is less than 99 years.
 
Property Owner Position: You Decide
 
Link to Committee Info: 
 
Email to Committee: 
To:
Subject: SB232 
 
Analysis Stated in Bill: 
 
Talking Points:
This bill seeks to clarify that a real estate transfer has not taken place with leased property.
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SB235, Condominium Sale Recording & Financial Disclosure Requirements
06/17/2015 at 11:00 AM    SH 103
Title: Title: relative to the condominium act and the land sales full disclosure act.
 
Summary:
 
Property Owner Position: LimitedImpact; You Decide
 
Link to Committee Info: 
 
Email to Committee: 
To:
Subject: SB235 
 
Analysis Stated in Bill: 
 
Talking Points:
The bill does not seem to have any direct effect on the residential rental market.
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