01/21/1994 01:30 PM House FIN

  HOUSE BILL NO. 222                                                           
                                                                               
       "An  Act   relating  to   landlords  and   tenants,  to                 
                                                                               
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       termination  of  tenancies   and  recovery  of   rental                 
       premises, to  tenant  responsibilities,  to  the  civil                 
       remedies of  forcible entry  and detainer  and nuisance                 
       abatement,  and  to  the duties  of  peace  officers to                 
       notify landlords  of arrests involving  certain illegal                 
       activity on rental premises."                                           
                                                                               
  REPRESENTATIVE   JEANNETTE   JAMES   reviewed  her   sponsor                 
  statement.  She  noted that  CSHB 222 (JUD)  would allow  an                 
  expedited  eviction of a tenant  who damages the premises or                 
  fails to pay  rent, make the  legal obligations of a  tenant                 
  more  stringent,  expand   the  state's  nuisance  abatement                 
  statutes to  include more  offenses, make  the process  more                 
  accessible  for  landlords  and  require peace  officers  to                 
  notify  the landlord  when a  tenant has  been arrested  for                 
  certain criminal offenses.                                                   
                                                                               
  ROBERT VANHATTEN, FAIRBANKS testified via the teleconference                 
  network from Fairbanks.  He spoke  in opposition to CSHB 222                 
  (JUD).    He noted  that  renters  would have  less  time to                 
  relocate.                                                                    
                                                                               
  BARBARA BENNETT, CHAIR, ALASKA COALITION  ON HOUSING AND THE                 
  HOMELESS  testified  via  the  teleconference  network  from                 
  Anchorage.    She  maintained  that  the  legislation  would                 
  exacerbate  the  problem of  homelessness.   She  noted that                 
  there is  a  2 percent  availability  in rental  housing  in                 
  Anchorage.  She  suggested that mediation be used to resolve                 
  difficulties between renters and landlords.                                  
                                                                               
  Representative James  maintained that  more landlords  would                 
  rent  their  property  if  legislation  supporting  stronger                 
  landlord rights is passed.                                                   
                                                                               
  ALICE  BREWER, ANCHORAGE  testified  via the  teleconference                 
  network in support of CSHB 222 (JUD).  She asserted that the                 
  legislation will help  good tenants.  She suggested that the                 
  10 day notice on page 2, line  16 be changed to 5 days.  She                 
  asked that "knowingly" be deleted on page 10, line 4.                        
                                                                               
  JOE  LAWLOR,  ANCHORAGE  testified  via  the  teleconference                 
  network.  He maintained that  the current law is sufficient.                 
  He  asserted  that landlords  need  to screen  tenants.   He                 
  concluded that CSHB 222 (JUD) will increase homelessness.                    
                                                                               
  CARL KRONBERG, ALASKA COALITION ON  HOUSING AND THE HOMELESS                 
  testified via the teleconference network from Ketchikan.  He                 
  pointed  out that there  is a rental  shortage in Ketchikan.                 
  He expressed concerns that there would not be enough time to                 
  assure that tenants receive due process of the law.                          
                                                                               
  CHARLES LIPPITT, ANCHORAGE testified  via the teleconference                 
                                                                               
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  network.  He spoke  in favor of CSHB 222 (JUD).   He pointed                 
  out that  mortgage companies do  not allow landlords  to pay                 
  their mortgage payments only  if the rent is collected.   He                 
  added  that landlords  must pay a  delinquent rate  if their                 
  payments are  late.   He observed  that  landlords may  rent                 
  properties by phone.                                                         
                                                                               
  BARBARA  HOOD, ANCHORAGE  testified  via the  teleconference                 
  network.  She  maintained that current laws  are sufficient.                 
  She observed that many small landlords are not familiar with                 
  existing  law.   She  noted that  the  legislation does  not                 
  address   abusive  landlords.     She   asserted  that   the                 
  legislation is one-sided.  She concluded that landlords have                 
  remedies under existing law.                                                 
                                                                               
  Representative Parnell asked the fastest eviction time.  Ms.                 
  Hood replied that eviction usually takes  place 2 to 3 weeks                 
  after the rent was due.                                                      
                                                                               
  (Tape Change, HFC 94-10, Side 2)                                             
                                                                               
  CHRISTINE  HOSS,  ALASKA  LEGAL SERVICES  testified  via the                 
  teleconference network from Anchorage.  She pointed out that                 
  there are  problems with  abusive landlords.   She  asserted                 
  that the  legislation would  allow additional  abuses.   She                 
  gave examples of abusive landlords.  She argued that 2 weeks                 
  is  a reasonable time to expect an  eviction.  She felt that                 
  tenants  need  sufficient time  to  defend themselves.   She                 
  maintained that a  shorter eviction period would  provide an                 
  inequality in the landlord\tenant relationship.                              
                                                                               
  JOE  GRAHAM,  ANCHORAGE  testified  via  the  teleconference                 
  network, in favor of CSHB 222  (JUD).  He requested that the                 
  notice  time  be shortened  to  5  days.   He  observed that                 
  landlords do  not receive a  tax break on  uncollected rent.                 
  He asserted that the homeless are the government's problem.                  
                                                                               
  JAMES FISHER,  JUNEAU observed  that there  is a  failure to                 
  perceive how existing law works.  He  asserted that renegade                 
  tenants will  evade a  rental contract,  regardless of  law,                 
  existing or proposed.   He suggested that  legislators would                 
  be blamed  if the  proposed legislation  fails to  solve the                 
  "outlaw" tenant problem.                                                     
                                                                               
  SHERRIE GOLL,  ALASKA WOMEN'S LOBBY testified  in opposition                 
  to CSHB  222 (JUD).   She asserted that CSHB  222 (JUD) will                 
  dramatically  decrease  tenant  protection   in  law.    She                 
  maintained  that  changes   in  landlord/tenant  law  should                 
  balance the interests  of both sides.   She maintained  that                 
  the legislation will have greater impact on minorities.  She                 
  emphasized  that evictions would  take place  before tenants                 
  could defend themselves.  She  observed that the legislation                 
                                                                               
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  is difficult to understand.  She maintained that current law                 
  presents a balanced representation of landlords and tenants.                 
                                                                               
  CSHB 222 (JUD) was HELD in Committee for further discussion.