03/24/1993 09:00 AM Senate STA

  SENATOR LEMAN announced  SB 155  USE OF RENTED  PROPERTY/LAW                 
  VIOLATIONS to be up for consideration.                                       
                                                                               
                                                                               
  SENATOR FRANK, sponsor,  said provisions in this bill gave a                 
  landlord  the   ability   to   control   their   contractual                 
  relationship.  One of the issues the bill deals with is that                 
  the check list can be used as evidence of prior condition of                 
  the apartment without getting a witness.                                     
                                                                               
  Number 314                                                                   
                                                                               
  DAVID SKIDMORE, Legislative Aide for  Senator Frank, said SB
 reduces the  time a landlord  must wait before going  to                 
  court to commence eviction proceedings.  Specifically in the                 
  event the tenant does not pay rent when it's due, it changes                 
  the  days  from  10  to  5  days.    It  revises  the  legal                 
  obligations of  the tenant to  make them more  stringent and                 
  reworks the statutory definition of damages.  It adds to the                 
  landlord's  ability  to  seek  removal  of  abusive  tenants                 
  through the check list process.   A premises statement and a                 
  contents  inventory  list  may  be  incorporated  into   the                 
  agreement and stipulates how they may be used in court.   It                 
  includes  provisions  to  amend  Alaska  nuisance  abatement                 
  statutes.                                                                    
                                                                               
  Number 350                                                                   
                                                                               
  EUGENE SMITH,  owner of  Evergreen Properties,  said he  has                 
  experienced losses  in excess of $10,000  from irresponsible                 
  tenants  and inability to  collect judgements.   Part of the                 
  problem does relate  to the time frame currently required to                 
  evict tenants.  He supported SB 155.                                         
                                                                               
  SENATOR LEMAN  asked if he had personal  experience with the                 
  10 day  requirement.   MR. SMITH  said he  has had  numerous                 
  experiences.   He said  it is  a full  month before  you can                 
  begin the eviction process.                                                  
                                                                               
  SENATOR FRANK  remarked it  seemed that there  was a  direct                 
  relation  between  the amount  of time  it  took to  evict a                 
  tenant  and  the amount  of  the  deposit.   MR.  SMITH said                 
  ideally that  was  true, but  from the  standpoint of  human                 
  compassion  it was  unrealistic when  dealing with  marginal                 
  tenants.                                                                     
                                                                               
  Number 446                                                                   
                                                                               
  PAT CONHEADY said  his firm represents 4 trailer  courts and                 
  60  to 70 residential units in  Juneau.  He endorsed SB 155,                 
  specifically the property  condition and the reduction  to 5                 
  days notice on non-payment of rent.   MR. CONHEADY corrected                 
  MR. SMITH by  saying you can  go to court  after the 10  day                 
  notice.                                                                      
                                                                               
  MR. CONHEADY said  a couple of  other problems they see  are                 
  the provision  for the attorney's  fees which is  unclear as                 
  written.                                                                     
                                                                               
                                                                               
  Number 510                                                                   
                                                                               
  DOUG ISAACSON, Alaska Statewide Director of Credit Services,                 
  Inc., a credit screening service for landlords, said he sees                 
  landlords as credit  grantors.   However, landlords are  not                 
  treated  as  business people  when they  try to  terminate a                 
  lease in a  timely or expeditious  manner.  He supported  SB
 as a first step to help expedite a landlord's ability to                 
  reclaim his  property.   He said  this bill  would not  make                 
  anything  harder  on  the  tenant, but  it  would  help  the                 
  landlord to have  the right  to treat his  property from  an                 
  economic point of view.                                                      
                                                                               
  SENATOR LEMAN said  he intended to  move the bill today  and                 
  asked if anyone opposed the bill.  There were no comments.                   
                                                                               
  Number 560                                                                   
                                                                               
  DAN  BISSELL,  apartment  manager,  supported  most  of  the                 
  testimony and supported SB 155.                                              
                                                                               
  Number 579                                                                   
                                                                               
  CHARLES LIPPITT, Anchorage, strongly supported SB 155.                       
                                                                               
  TAPE 93-22, SIDE B                                                           
  Number 585                                                                   
                                                                               
  ALICE  BREWER,  Executive  Secretary,  Alaska  Landlord  and                 
  Property Manager's Association,  strongly supported SB  155,                 
  especially the police notifying  the landlord if there is  a                 
  drug arrest, the premises  condition statement, and changing                 
  the notification time to 5 days.                                             
                                                                               
  Number 570                                                                   
                                                                               
  DAVE ERLICH, Anchorage,  suggested some  changes on page  5,                 
  line 5 the word "prostitution" should be  changed to include                 
  "assignation."                                                               
                                                                               
  SENATOR LEMAN  said that Senator  Taylor said he  would take                 
  that up in the Judiciary Committee.                                          
                                                                               
  SENATOR TAYLOR explained that the Senate was being called to                 
  order and  asked if anyone  opposed the bill.   There was no                 
  opposition.                                                                  
                                                                               
  In Anchorage the following people were in support of SB 155:                 
  CHRIS GRATRIX,  HANS METZ,  JOHN TODD,  JERRY HAGGERTY,  JAN                 
  EVENSEN,  EDGAR  PREISS,  GENE  and  DIANA  RASH,  and  FITZ                 
  MITCHELL.                                                                    
                                                                               
  In Fairbanks the following people were in support of SB 155:                 
                                                                               
                                                                               
  DONALD  BLANC,  MYRA  SHEETS, BARBARA  CARDIN,  CINDY HELMS,                 
  MEREDITH COATS, ROY  HELMS, SAM MEDSKER, JERRY  HASSEL, RUTH                 
  GUDSCHINSKY,  HENRY WADLE,  DON WADLE,  NILS BRAASTAD,  RUTH                 
  PEGER, and JEROME BYRD.                                                      
                                                                               
  Number 492                                                                   
                                                                               
  SENATOR  MILLER moved  to  pass SB  155 from  committee with                 
  individual recommendations.  There were no objections and it                 
  was so ordered.