Legislature(2013 - 2014)CAPITOL 120
04/04/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Board of Governors of the Alaska Bar | |
| SB187 | |
| HB282 | |
| SB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 187 | TELECONFERENCED | |
| += | SB 64 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 282 | TELECONFERENCED | |
HB 282-LANDLORD AND TENANT ACT
1:42:57 PM
CHAIR KELLER announced 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."
[Before the committee was CSHB 282(L&C), labeled Version 28-
LS0930\P, Bullock, 3/20/14.]
1:43:51 PM
REPRESENTATIVE DOUG ISAACSON, Alaska State Legislature, speaking
as the sponsor, stated that CSHB 282, Version 28-LS0930\P, is a
landlord and tenant bill. He advised that much of the bill
reflects the proposed changes in the Uniform Residential and
Landlord Tenant Act which is before Congress but has not been
adopted. He reminded the committee that twenty-one states have
adopted the sample uniform law. Two changes to the uniform act
found in HB 282 involve adding unpaid rent or damages owed to
landlords to the list of conditions found in AS 43.23.065(b)
where yearly Permanent Fund Dividends can be garnished, and a
provision for dry cabins, which needs clarification on its
application in Alaska. Representative Isaacson observed HB 282
is a well-balanced bill. In response to Representative
Gruenberg, he said there are four proposed amendments for
consideration.
REPRESENTATIVE LEDOUX asked whether a landlord must disclose if
he is on the Alaska Sex Offender Registry.
REPRESENTATIVE ISAACSON said yes.
REPRESENTATIVE LEDOUX then asked whether a landlord must
disclose if any tenants living on the premises are on the sex
offender registry, and if not, why not.
1:47:19 PM
BRENDA HEWITT, Staff, Representative Doug Isaacson, Alaska State
Legislature, stated that the sponsor was advised by legal
counsel that it probably is not the responsibility of the
landlord to keep tenants informed and that tenants should use
the registry provided by state law.
REPRESENTATIVE ISAACSON added that this question is similar to
other occupancy issues in that it is up to homebuyers or renters
to find out who their neighbors are.
1:48:38 PM
REPRESENTATIVE LEDOUX moved to adopt [Amendment 1] labeled 28-
LS0930\P.1, Bullock, 3/20/14 which read:
Page 7, following line 19:
Insert a new bill section to read:
"* Sec. 10. AS 34.03.080 is amended by adding a new
subsection to read:
(e) If the landlord is registered in the central
registry of sex offenders and child kidnappers
maintained under AS 18.65.087, the landlord or a
person authorized to enter into a rental agreement on
behalf of the landlord shall disclose to an individual
that the landlord is registered in the central
registry. The disclosure must be made in writing after
an individual accepts the offer to rent the premises
but before the rental agreement is signed. After
receiving the notice under this subsection, the
individual may decline to rent the premises."
Renumber the following bill sections accordingly.
Page 13, following line 1:
Insert a new bill section to read:
"* Sec. 18. AS 34.03.360(11) is amended to read:
(11) "landlord" means the owner, lessor, or
sublessor of the dwelling unit or the building of
which it is a part, and it also means a manager of the
premises who fails to disclose as required by
AS 34.03.080(a) - (c) [AS 34.03.080];"
Renumber the following bill sections accordingly.
Page 13, line 30:
Delete "Sections 4 - 16"
Insert "Sections 4 - 18"
CHAIR KELLER objected for the purpose of discussion.
REPRESENTATIVE LEDOUX posed a scenario wherein six months after
one has done their "due diligence," signed a lease, and moved
in, the landlord rents to someone who is listed on the sex
offender registry. She asked whether that is grounds to default
on the lease.
1:49:08 PM
REPRESENTATIVE ISAACSON said no. He opined that putting
unrealistic demands on a landlord for actions "that might
happen," creates too much risk and many landlords may withdraw
their properties and reduce the availability of affordable
housing for tenants. He deferred to the Department of Law to
further address the question.
1:50:37 PM
CLYDE (ED) SNIFFEN Jr., Senior Assistant Attorney General,
Commercial and Fair Business Section, Civil Division(Anchorage),
Department of Law, informed the committee he serves in the
Consumer Protection Unit at the Department of Law (DOL). He
stated that it is equally incumbent upon tenants to determine
the status of individuals in a unit. There is no special
knowledge that a landlord would have access to that a tenant
would not. Regarding a circumstance wherein someone is placed
on the registry after a tenant has moved in, he agreed with
Representative Isaacson that "those things happen," and the
remedies are to discuss the issue with the landlord or to move
at the end of the lease.
REPRESENTATIVE LEDOUX understood. However, she pointed out that
section 14 of the proposed bill allows a tenant to terminate a
rental agreement if the tenant is a victim of domestic violence.
She opined the aforementioned circumstance is also applicable
under the same argument of "things happen, and it shouldn't be
the landlord's responsibility."
MR. SNIFFEN advised that proposed section 14, which allows the
victim of domestic violence to terminate a lease, requires a
showing of serious conduct, followed by a filing of reports
establishing a salient issue. However, the risk from a
registered sex offender is unknown. He said, "I can see some
parallels, but I think they are a little different."
1:54:30 PM
REPRESENTATIVE LEDOUX stated that if two parties jointly
purchase a house, but domestic violence occurred and one party
wanted to move out, that circumstance would not release either
party from their mortgage.
MR. SNIFFEN said correct. Depending on the terms of the
mortgage, if the person living in the house could not make the
obligations of the mortgage, the lender could foreclose or
refinance. In a rental scenario, most of the issues are
addressed in the rental agreement; for example, one party may
leave for a variety of reasons and the landlord may have the
right to renegotiate the rental agreement or evict the remaining
tenant.
CHAIR KELLER suggested that the sponsor of the bill work with
individual members of the committee to resolve questions.
REPRESENTATIVE LYNN asked whether a landlord has the right to
refuse to lease or rent to an applicant who is a registered sex
offender.
REPRESENTATIVE ISAACSON deferred to Mr. Sniffen. In further
response to Representative Lynn, he said he did not believe that
circumstance was an express provision of the proposed bill, and
that further information would be provided to the committee.
1:59:09 PM
DICK BLOCK, Mellen Investment Company, noted his previously
submitted written testimony was included in the committee
packet. He concurred with the concerns stated by Representative
LeDoux, adding that he did not think proposed section 14 was
necessary; however, if section 14 is appropriate from a public
policy standpoint, Mr. Block strongly urged the committee to
review the amendments he submitted in his written testimony in
order to ensure clarity in the proposed bill.
2:00:43 PM
KIRK MAYNARD, Owner/Broker, Coldwell Banker Gold Country,
informed the committee his company has been in property
management approximately six years and manages approximately
four hundred "doors." He said since there was a lot of material
to review regarding the bill and proposed amendments, he would
defer his testimony to the next hearing.
REPRESENTATIVE GRUENBERG recalled the Seventeenth Alaska State
Legislature addressed property disclosure requirements. He
suggested researching current disclosure laws to find precedence
for this debate.
2:03:54 PM
[The motion by Representative LeDoux to adopt Amendment 1 was
left pending with an objection for the purpose of discussion
from Chair Keller. HB 282 was heard and held.]