Legislature(2013 - 2014)CAPITOL 120

03/28/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 205 TRAFFIC OFFENSES: FINES/SCHOOL ZONES TELECONFERENCED
Heard & Held
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Heard & Held
+ HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 235 CONFIDENTIALITY OF APOC COMPLAINTS TELECONFERENCED
Heard & Held
                 HB 282-LANDLORD AND TENANT ACT                                                                             
                                                                                                                                
2:47:23 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE  BILL  NO.  282,  "An   Act  relating  to  the  rights  and                                                               
obligations of  residential landlords  and tenants;  and relating                                                               
to the taking  of a permanent fund dividend for  rent and damages                                                               
owed to a residential landlord."                                                                                                
                                                                                                                                
2:48:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOUG ISSACSON, Alaska  State Legislature, said the                                                               
relationship between  a landlord  and a tenant  predates history,                                                               
and  conflicts arise  when either  party has  unmet expectations.                                                               
Most people  can describe what  a poor  landlord is, he  said, or                                                               
what a great tenant is.  But how  do you codify this?  How do you                                                               
put it  into law?  This  is the never-ending bill,  because there                                                               
have been many amendments, he noted.   He told the committee that                                                               
he had  a program called "Tenant  Watch" in the early  1990s.  He                                                               
had 700  landlords who asked him  to help change the  law because                                                               
there were things  that were unfair to them.   He said there were                                                               
also people  asking for  help with  bad landlords.   He  took the                                                               
issue to Jeannette  James, his predecessor, "and we  were able to                                                               
address this  body."  He  said, "Twenty plus years  have evolved,                                                               
and this last  year, through a series  of coincidences, residents                                                               
and landlords primarily  from my district and  then everywhere; I                                                               
was  like a  magnet.  My office  was a  magnet  and we  attracted                                                               
everybody's attention and the state's as  well.  And so there was                                                               
concern that in the intervening  time there had been changes that                                                               
needed  tweaking."   He said  he  is appreciative  for the  broad                                                               
support that  HB 282 has  had from realtors,  landlords, property                                                               
managers, and tenant advocacy groups.                                                                                           
                                                                                                                                
2:51:23 PM                                                                                                                    
                                                                                                                                
BRENDA HEWITT, Staff, Representative  Doug Isaacson, Alaska State                                                               
Legislature, said  the changes in  Sections 1-3 and 17  just take                                                               
the  word "uniform"  out of  the bill.   "We  no longer  will fit                                                               
under  what's considered  the Uniform  Landlord Tenant  Act," she                                                               
explained.   She said that only  21 states have enacted  the act,                                                               
and they are under revision.   "Landlord and tenant" replaced the                                                               
word "parties"  in Section 4.   Sections 5 and 9  deal with pets,                                                               
and the  bill allows landlords to  bump up the amount  of deposit                                                               
they can  put on  a residence  or dwelling for  pet owners.   She                                                               
said that  Section 6  deals with the  definition of  "normal wear                                                               
and tear,"  and that idea  was requested from both  landlords and                                                               
tenants.   Section 7  changes a  semi-colon to  a period,  and it                                                               
asks the landlord to separately  account for the tenant's prepaid                                                               
rent and  security deposits.   Currently  people are  required to                                                               
put that  money in  a trust.   That money  needs to  be available                                                               
when tenants leave, so if everyone  moved out at once, that money                                                               
must all be available, she explained.                                                                                           
                                                                                                                                
MS. HEWITT  pointed out that Section  8 gives landlords up  to 30                                                               
days  to return  a security  deposit  if there  has been  damage,                                                               
which gives  them enough time  to assess  the damage.   Section 9                                                               
deals with pet  deposits and gets into the  definition of service                                                               
animals  and  comfort animals.    She  said Section  10  requires                                                               
tenants  and  landlords to  have  a  premise condition  statement                                                               
[prior to  the rental].  Section  11 covers "dry cabins"  if both                                                               
parties  agree.   In  the  uniform  law,  hot running  water  was                                                               
required, but some places in Alaska  do not have [plumbing].  She                                                               
said that Section  12 allows the landlord to  restrict the number                                                               
of  inhabitants  in  a  dwelling,   and  there  is  an  amendment                                                               
addressing that  issue.  She  noted that  Representative Isaacson                                                               
is in favor of all four amendments that have been offered.                                                                      
                                                                                                                                
2:59:16 PM                                                                                                                    
                                                                                                                                
MS. HEWITT said Section 13 asks  the tenant to leave the dwelling                                                               
in the  same condition  [as when  the tenant moved  in].   If the                                                               
carpets  had been  professionally cleaned,  the tenant  should be                                                               
required to  do the same.   She said Section 14  is important and                                                               
allows  victims of  domestic violence  to  be able  to leave  the                                                               
facility  with  immediacy.    The violence  needs  to  have  been                                                               
reported to the police, she explained.                                                                                          
                                                                                                                                
3:00:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT asked about a  scenario when the partner of                                                               
an  individual   commits  a  crime   and  that  person   was  the                                                               
breadwinner.  He wondered if that  situation would be in the same                                                               
vein as a domestic violence situation.                                                                                          
                                                                                                                                
REPRESENTATIVE ISAACSON  said that was  a great question,  but he                                                               
does not believe that such a scenario is covered in HB 282.                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX  asked how  the law  would work  if someone                                                               
was  acquitted   of  domestic  violence   after  the   lease  was                                                               
terminated.  "Would the lease get reinstated?"                                                                                  
                                                                                                                                
3:02:09 PM                                                                                                                    
                                                                                                                                
MS.  HEWITT stated  that  the  perpetrator may  still  be in  the                                                               
apartment,  but  the  provision  allows the  victim  out  of  the                                                               
financial requirements.                                                                                                         
                                                                                                                                
MS. HEWITT  noted that Section 15  allows a landlord to  remove a                                                               
tenant for  illegal activities.  For  example, if the place  is a                                                               
crack house, "you can  get him out in 24 hours  instead of the 14                                                               
days it takes now."   Section 16 defines transient occupancy, and                                                               
there  is  an  amendment  before  the  committee  to  remove  it.                                                               
Section  18 deals  with the  landlord attaching  the PFD  [Alaska                                                               
Permanent Fund] of a tenant who owes money, she said.                                                                           
                                                                                                                                
REPRESENTATIVE ISSACSON said, "What we're  trying to do is create                                                               
safe,  affordable  housing.    To  do  that,  you  have  to  give                                                               
protections to the landlord to be  able to recoup expenses and to                                                               
be  able to  protect the  other  tenants."   Safe and  affordable                                                               
housing must  also protect tenants against  abusive landlords, he                                                               
added.  This is the  fallback to tenant-landlord contracts, which                                                               
are  not disallowed.    He  stated that  the  bill establishes  a                                                               
relationship that is often misunderstood  or abused and which may                                                               
not even be covered by a contract.                                                                                              
                                                                                                                                
3:04:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked about "who  gets what back."   It                                                               
is important  to state that if  the security deposit is  put into                                                               
an  interest bearing  account, the  landlord  owns the  interest-                                                               
"otherwise you're  giving pennies back  to all kinds  of people."                                                               
He said  he is  concerned about Section  17 and  the relationship                                                               
between this and  the Uniform Act.  At some  point, he would like                                                               
to know  why the Landlord  Tenant Act  will no longer  be uniform                                                               
and what  will happen  if the  Uniform Act is  updated.   He said                                                               
"we" regularly  look at uniform acts,  and "I want to  be careful                                                               
that we try to  see what we can do to keep  it uniform," which is                                                               
very helpful  because of the  decisions from states all  over the                                                               
country.  If there are just a  few sections that make the act not                                                               
uniform,  "then most  ... will  still look  at the  uniform act,"                                                               
which is why he is concerned about the title misleading people.                                                                 
                                                                                                                                
3:05:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISSACSON  said, "This is  one of those  that legal                                                               
[Legislative Legal Affairs]  asked us to remove and  so they have                                                               
the definitive explanation as to why this is not uniform."                                                                      
                                                                                                                                
CHAIR KELLER  noted that SB 64  is a priority in  this committee.                                                               
He told  Representative Isaacson to  work out the  questions with                                                               
the people who raised them, outside of committee.  "We'll get                                                                   
back to [HB 282] as soon as we can," he stated.                                                                                 

Document Name Date/Time Subjects
HB282 Sponsor Statement.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB 282 ver. N.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Sectional Analysis.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CS HB 282 L&C.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.1.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.3.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.4.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CS HB282 (L&C) Amendment P.5.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Fiscal Note~DOR.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB 282 Opposition Letter~Mellen Investment Company.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Documents - Realtor Letter.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Document-Email Kris Abegg 02-24-2014.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Documents-Letter Cathleen Hahn 03.11.14.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Opposition Letter~AK Hotel & Lodging Association.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB235 verY.pdf HJUD 3/28/2014 1:00:00 PM
HB 235
CSHB 235 ver Y Explanation of Changes.pdf HJUD 3/28/2014 1:00:00 PM
HB 235
CSHB 235 ver Y Section Analysis.pdf HJUD 3/28/2014 1:00:00 PM
HB 235