Legislature(2009 - 2010)BARNES 124
02/15/2010 03:15 PM House LABOR & COMMERCE
Audio | Topic |
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Start | |
HB315 | |
HB280 | |
HB238 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 315 | TELECONFERENCED | |
+= | HB 280 | TELECONFERENCED | |
*+ | HB 238 | TELECONFERENCED | |
HB 238-LANDLORD REJECTION OF OCCUPANT/SUBLEASE CHAIR OLSON announced final order of business would be HOUSE BILL NO. 238, "An Act removing the number of persons under 18 years of age in the household as a reasonable ground for a landlord to reject a proposed sublease or assignment." 4:24:19 PM CHARISSE MILLET, Alaska State Legislature, explained that HB 238 removes a potentially discriminatory clause from the Uniform Residential Landlord Tenant Act which refers to the "number of persons under 18 years of age in the household." She elaborated on the bill. Section 1, AS 34.03.060 (d) lists a number of reasons for which a landlord may refuse consent to a sublease or assignment of a lease. Included in the list of reasonable grounds for rejecting the sublease to the tenant is the "number of persons under 18 years of age in the household." According to the Department of Housing and Urban Development's (HUD) Office of Fair Housing and Equal Opportunity this provision could be interpreted by the public to allow housing discrimination in violation of federal law. "Familial status" is a protected class under federal fair housing law. AS 34.03.060 (d)(3) could be interpreted to allow discrimination because it not only allows, but appears to propose that a landlord may refuse to sublease on the reasonable grounds of "the number of persons under 18 years of age in the household." REPRESENTATIVE MILLETT explained that HB 238 is intended to bring Alaska's Landlord Tenant Act into line with the Federal Fair Housing Act. Not only will this proposed bill help insure that Alaska continues to receive federal housing program funding under the federal programs, including the Home Investment Partnership Act, the Community Development Block Grant, and the Emergency Shelter Grant Program, which averages $6 million per year. Additionally, the bill helps insure that landlords treat potential tenants fairly regardless of their family situation. 4:25:37 PM REPRESENTATIVE NEUMAN asked how the issue was brought to her attention. REPRESENTATIVE MILLETT responded that the amount of money from federal programs would be affected. She also did not want to negate the matching funds. 4:26:01 PM REPRESENTATIVE MILLETT, in response to Representative Neuman, explained that the current language in existing statutes includes a list of reasonable grounds for rejecting the sublease to the tenant, which includes the number of persons under 18 years of age in the household. She wanted to be certain that Alaska law does not discriminate against families. 4:26:48 PM BRYAN BUTCHER, Director, Governmental Affairs & Public Relations, Alaska Housing Finance Corporation (AFHC), explained that the AHFC received a copy of a letter dated July 18, 2007 from the U.S. Department of Housing and Urban Development (HUD) which brought to the AHFC's attention an issue raised by the HUD's Office of Fair Housing and Equal Opportunity. The HUD advised that the issue of potential discrimination could affect HUD's future acceptance of the State of Alaska's certifications to affirmatively further fair housing and compliance with anti- discrimination laws. The HUD's Office of Fair Housing and Equal Opportunity pointed out that the state law cannot allow landlords to discriminate against potential tenant's subleases based on the number of persons in the household under the age of 18. He explained that if the state does not change this provision in AS 34.03.060 (d)(3), which can be potentially interpreted to allow familial status discrimination, that the state could lose up to $6 million for three programs previously mentioned by the sponsor. He advised that Mark Romick, Director, Planning & Program Development, AHFC is also available for questions. 4:27:47 PM REPRESENTATIVE NEUMAN asked what programs would be affected if the $6 million were redirected. MR. BUTCHER responded that most of the funding is for a block grant to the Department of Commerce, Community, and Economic Development for the development of low income housing, the Community Development Block Grants (CDBG) primary objective is to develop viable communities by providing decent housing and a suitable living environment and by expanding economic opportunities, principally for persons of low to moderate income. The Emergency Shelter Grant Program (ESGP) provides homeless persons with basic shelter and essential supportive services. The funds can assist with the operational costs of the shelter facility, and for the administration of the grant. This grant program also provides short-term homeless prevention assistance to persons at imminent risk of losing their own housing due to eviction, foreclosure, or utility shutoffs. 4:29:17 PM REPRESENTATIVE T. WILSON posed a scenario in which a landlord has a 2-bedroom apartment for rent. If a prospective tenant has four children, but the apartment under consideration is too small for six people, whether the landlord would need another reason to decide not to rent to them. MR. BUTCHER stated that too many occupants is an acceptable reason to decline, but if a landlord had a six-bedroom house, and decided it would be acceptable to rent to a family of six, the landlord could not base a decision not to rent to a family, solely based on the fact that they had children under the ages of 18. REPRESENTATIVE T. WILSON clarified that a landlord could decide the number of people, but could not base a decision not to rent to someone based on those under 18 years of age. MR. BUTCHER answered yes. He stated that the state statutes refer to a list of items a landlord can ask prospective tenants in their rental agreement for sublease or assignment of lease. The state statute refers to reasonable grounds for rejecting a sublease and lists the "number of persons under 18 years of age in the household" as one of the items. The HUD found that asking prospective tenants the specific question may appear to propose that the landlord might refuse consent to a sublease based solely on the number of children in a household, which is in violation of federal law. 4:31:14 PM REPRESENTATIVE LYNN related a scenario in which a landlord has an apartment to rent. He offered his understanding that the landlord could not limit the number of people who could rent the apartment, or the number of people who could sublease the apartment. MR. BUTCHER answered that a landlord could still legitimately limit the number of people an apartment can hold for a lease or a sublease, so long as it is reasonable. In further response to Representative Lynn, he stated what is at issue is that a landlord cannot specifically discriminate in the sublease, against a prospective tenant based on some of the family members are children being under the age of 18. REPRESENTATIVE LYNN understood that the landlord could still limit the number of persons who could occupy an apartment, in either the lease or the sublease. MR. BUTCHER agreed. 4:32:34 PM MR. BUTCHER, in response to Representative Neuman, answered that a landlord can make decisions on the number of people allowed in a unit, but cannot specifically discriminate against children. For example, if a landlord decides that it is reasonable for five people to rent a two-bedroom apartment, the landlord could not decide to discriminate in a sublease by not allowing children. He emphasized that landlords can legitimately decide to set limits on the occupancy to five. The federal law is very detailed about what constitutes discrimination. He recalled reviewing the federal law, and the list of prohibitions was quite lengthy, so it did not surprise him that the federal agency found a discrepancy in the state's law. 4:34:32 PM REPRESENTATIVE LYNN disclosed that one of his daughters, who resides in Indiana, has eight children, and rents. 4:34:50 PM CHAIR OLSON, after first determining no one else wished to testify, closed public testimony on HB 238. 4:35:05 PM REPRESENTATIVE NEUMAN remarked that the bill makes sense and will clean up Alaska statutes. He thanked Representative Millett for her commitment to making Alaska the best place for children. REPRESENTATIVE NEUMAN moved to report HB 238 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 238 was reported from the House Labor and Commerce Standing Committee.
Document Name | Date/Time | Subjects |
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HB280 Fiscal Note-CED-RCA-02-08-10.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 280 |
HB315 ver A.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 315 |
HB280 Fiscal Note-DOA-AOGCC-02-08-10 (2).pdf |
HL&C 2/15/2010 3:15:00 PM |
|
HB315 Sponsor Statement.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 315 |
HB315 Sectional Analysis.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 315 |
HB315 Fiscal Note-CED-CBPL-2-11-10.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 315 |
HB315 American Institute of CPAs FAQ.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 315 |
HB315 AICPA Mobility.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 315 |
HB315 AICPA Mobility Table.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 315 |
HB315 ASCPA Resolution.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 315 |
HB238 Sponsor Statement.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 238 |
HB238 Fiscal Note-CED-COM-2-11-10.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 238 |
HB238 AHFC Comments.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 238 |
HB238 HUD Letter 7-18-07.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 238 |
HB280 Amendment S.2.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 280 |
HB280 Sectional Analysis ver S as amended by S.2.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 280 |
HB280 Summary of Amendments ver S.2.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 280 |
HB280 Gas Storage Map.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 280 |
HB280 Amendment S.3.pdf |
HL&C 2/15/2010 3:15:00 PM |
HB 280 |