Legislature(1993 - 1994)
04/02/1993 02:00 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATOR TAYLOR introduced SB 155 (USE OF RENTED PROPERTY/LAW VIOLATIONS), noted the prime sponsor was SENATOR STEVE FRANK, and invited SENATOR FRANK'S aide, DAVID SKIDMORE, to review the bill. SENATOR TAYLOR said there would be teleconference testimony from Anchorage and Fairbanks. Number 307 MR. SKIDMORE explained that SB 155 related to Landlord/Tenant Law and incorporated most of SB 35 from the last legislative session. He further explained it was introduce in response to constituent concerns over tenants who were abusive of rental units, and the bill makes five basic changes: (1) It reduces the time a landlord must wait before beginning the eviction proceedings from 10 to 5 days, when tenants fail to pay rent; (2) it makes the legal obligations of the tenant in statute more stringent; (3) it creates a check list process that describes the condition of the unit at the beginning of lease, in order to substantiate later claims for damages; (4) it amends the nuisance abatement statutes to include drugs and alcohol offenses; (5) and it creates a summary eviction process for violation of the tenant obligations in statute and in the rental agreement. MR. SKIDMORE said SENATOR FRANK did wish to introduce two amendments to the bill today. SENATOR TAYLOR said he preferred to only take testimony on the bill today. He also noted that SENATOR DONLEY has a series of amendments, and he suggested MR. SKIDMORE could examine those with SENATOR FRANK. SENATOR TAYLOR promised the bill would be rescheduled quickly. SENATOR TAYLOR opened the teleconference site in Anchorage to hear GLENN FLOTHE. MR. FLOTHE indicated he was representing the Department of Public Safety in the event there were any questions. There were no questions, but he was invited to stand by. SENATOR TAYLOR next called on ALICE BREWER in Anchorage. Number 353 MRS. BREWER identified herself as the Executive Secretary for the Landlord & Property Managers Association and the owner of a four-plex. She praised the introduction of the bill and explained why she thought it was greatly needed to combat the threat of violence and social disintegration that accompany drug dealing. MARK BUTTERFIELD, representing the Alaska Legal Services, explained that 95% of both the landlords and tenants were good, and stressed there were a minor number of people, who, he conceded, could do a great deal of damage. He reviewed the remedies available to the landlords, with few available to the tenants. In reference to Section 15, he suggested there should be more of a reasonableness in handling the tenants. (It became increasingly difficult to hear the conclusion of his testimony.) Number 425 SENATOR TAYLOR reviewed the amendments that were proposed for the bill, two from the sponsor, SENATOR FRANK, and eight from SENATOR DONLEY. He urged anyone else wishing to amend the bill, to send their amendments to him. SENATOR TAYLOR said the bill would be tentatively scheduled for April 6, 1993. SENATOR TAYLOR turned to the teleconference site in Fairbanks to hear MYRNA SHEETS. MS. SHEETS didn't understand how there could be opposition to landlords being ripped off and no recourse from the law. She thought it was time that the laws were changed. JEROME BYRD from Fairbanks, as a short term landlord, related his bad experiences and strongly urged the legislators to pass the bill. He thought it would make everything right for the landlords. MERLYN ALDEN from Fairbanks and a landlord for 15 years, reviewed the good tenants v. the bad ones. He described how he tried to protect the good tenants, even the mediocre tenants, but he wanted to be able to get rid of the bad ones. SAM HELMS from Fairbanks claimed he had $10,000 worth of damage to his rental, with was no recourse from the police or the district attorney. He thought the bill might partially correct such criminal damage, and he described the dilemma of late payments from state welfare agencies. He thought the 24 hour notice might help alleviate the malicious vandalism. SENATOR TAYLOR thanked the participants for waiting to testify and called on DOUG ISACSON in Fairbanks. MR. ISACSON explained he was the Director of Credit Services for the State of Alaska, a credit recording bureau, providing consumer credit reports throughout the state. He described one of their services, Credit Watch, which helped landlords screen out individuals with poor track records. He said the service was available in Fairbanks, Anchorage, and Juneau, and he had heard the same stories from all of the tenant watch members. He reviewed the problems with trying to evict tenants who are trying to abuse the system. TAPE 93-39, SIDE A Number 001 He concluded with an appeal to get rid of the poor tenants and safeguard the community. *SENATOR TAYLOR announced that time constraints and lack of quorum prevented the hearing of SB 168, but he promised it would be rescheduled for April 6, 1993. He thanked ANNETTE SHACKLETT, STEPHEN ROUTH, RICHARD ULLSTROM, BOB GOULD, and PAT LYNN for waiting to testify on SB 168. Next, SENATOR TAYLOR returned the teleconference network to Anchorage for the remainder of the testimony. CHARLES LIPPITT thought five days was sufficient for the tenant to pay the landlord, and he discounted some of the reasons given by the tenants for not paying. He encouraged the legislature to pass the bill. Number 086 DIXIE DIXON explained she was representing the Mountain View Landlord group, as well as being a property owner and a real estate broker with Remax. She further explained the landlords could no longer depend on the police department to back them up for the moderate to severe violent disturbances, drug, or alcohol abuses. She said they were told to do the evictions themselves, and she described the immunity received by welfare recipients for damage or back rent. She said it cost a minimum of $3,000 to do an eviction, and she described the problems landlords have with this. She asked for a copy of the proposed amendments before the committee, so they could use them to make some proposals of their own. SENATOR TAYLOR said he would fax the amendments to them at the Anchorage L.I.O. He then called on RAE BARGER. MRS. BARGER said she was a property manager for 280 units in Anchorage and does low income housing. She explained why the legislation was important to her as a landlord to help expedite evictions, and she described the difference the 5 days would make in her business. She also described damage that ranged from $500 to $5000 per unit, and how that affected her rental to low income persons. She explained presently there were families living in shelters who need her units but must wait for evictions and damage repair. Number 156 JOHN TODD has owned and managed property for over 20 years, and he explained about 80 to 95% of the tenants are very good. He also explained how he got along with the marginal tenants, but he deplored the bad apples. He said the 5 or 10 day notice didn't make much difference, and he described $5000 worth of vandalism to one of his apartments. Between insurance and the small claims court he had managed to get most of the cost of repairs, but he didn't think the landlords should have to put up with such damage. SENATOR DONLEY expressed his support for the bill and promised to be working on the legislation. MR. TODD continued to describe the unruly tenants and how difficult it was to get rid of them. He said even tenants supported the bill. HANS METZ explained he is a small landlord and his livelihood depends on his rental business. He gave his reasons for supporting the bill because the present system is slow and cumbersome, the notice system doesn't work well, and there are problems with the court. He said the bill would allow screening out the tenants, who were abusing the current system and protect the good tenants. Number 224 RICHARD ILLGEN said he was an attorney, has represented both landlords and tenants in residential and commercial settings, and has conducted legal education seminars on forcible entry and detainer proceedings in Alaska. He explained how the legislation would adversely affect commercial tenants in the area of economic pressures particularly with the shorter time frame of five days rather than ten. The last person to testify on SB 155 was JAN EVENSEN from Anchorage. Number 284 MS. EVENSEN wished to address some of the time problems with verification of welfare payments and the eviction of drug dealers and bad tenants. She thought this was an abuse of good tenants, and she noted a packet of information she had sent to the committee, documenting some of the problems she listed. She asked for a shorter time limit on all parts of the notice and eviction procedures, because of the stress factor of evicting a person. SENATOR TAYLOR announced the committee was leaving the teleconference network, but he reiterated his promise to fax copies of the amendments and his intent to return SB 155 to committee next Wednesday, April 6, 1993.
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