Legislature(2013 - 2014)CAPITOL 120
04/09/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB282 | |
| HB60 | |
| SB64 | |
| SB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 108 | TELECONFERENCED | |
| + | SB 116 | TELECONFERENCED | |
| + | SB 170 | TELECONFERENCED | |
| + | SJR 22 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 64 | TELECONFERENCED | |
| += | HB 282 | TELECONFERENCED | |
| += | HB 108 | TELECONFERENCED | |
| += | HB 60 | TELECONFERENCED | |
HB 282-LANDLORD AND TENANT ACT
1:25:36 PM
CHAIR KELLER announced that the first 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."
1:26:39 PM
REPRESENTATIVE DOUG ISAACSON, Alaska State Legislature, speaking
as the sponsor, introduced the committee substitute (CS) for HB
282, labeled 28-LS0930\Y, Bullock, 4/8/14. He directed
attention to a comparison which was descriptive of the proposed
CS for HB 282, Version Y, which was provided in the committee
packet.
1:28:22 PM
The committee took an at-ease from 1:28 p.m. to 1:29 p.m.
1:30:03 [PM
BRENDA HEWITT, Staff, Representative Doug Isaacson, Alaska State
Legislature, stated her belief that all of the amendments
offered at the House Judiciary Standing Committee of 4/7/14 are
incorporated in the proposed CS for HB 282, Version Y. She
began a sectional analysis, pointing out that in order to retain
the word "Uniform," sections 1, 2, 3, and 17 were removed and
the remaining sections were renumbered.
1:30:35 PM
REPRESENTATIVE LYNN made a motion to adopt the proposed CS for
HB 282, labeled 28-LS0930\Y, Bullock, 4/8/14, [as the working
draft. There being no objection, Version Y was before the
committee.]
MS. HEWITT returned to the sectional analysis and said former
section 4 is now section 1, which changes the word "parties" to
"landlord and tenant." Former section 5 is now section 2, which
reaffirms that the maximum amount of prepaid rent or deposit is
two months, unless another month is added for pets. Former
section 6 is now section 3, which provides a definition for
normal wear and tear. Former section 7 is now section 4, which
provides for the landlord to separately account for each
tenant's prepaid rent and security deposit. Former section 8 is
now section 5, which allows the landlord 30 days to return a
damage deposit if there has been damage. Former section 9 is
now section 6, which permits for the additional deposit for
pets, defines normal wear and tear, and also defines the
difference between a service animal and a comfort animal.
Former section 10 is now section 7, which directs that both a
landlord and a tenant sign a premises condition statement when
the tenant takes occupancy in order to determine damage and
normal wear and tear. Former section 11 is now section 8, which
allows for the rental of dry cabins, if both parties agree.
Former section 12 is now section 9, which allows the landlord to
restrict the number of inhabitants and to add the words "or the
rental agreement." Former section 13 is now section 10, which
adds a new subsection to allow the landlord to request a tenant
to return the dwelling in substantially the same condition,
including professional cleaning of the carpets. Former section
14 was removed. Former section 15 is now section 11, which
allows the landlord an expedited eviction process for tenants
who are engaged in illegal activities. Former sections 16 and
17 were removed. Former section 18 is now section 12, which
allows landlords to collect unpaid rent from a person's
Permanent Fund Dividend by the eighth priority ranking of
involuntary deductions.
REPRESENTATIVE LEDOUX directed attention to proposed section 2
on page 2, lines 4-8, which read:
(a) Except as provided in (h) of this section, a [A]
landlord may not demand or receive prepaid rent or a
security deposit, however denominated, in an amount or
value in excess of two months' periodic rent. This
section does not apply to rental units where the rent
exceeds $2,000 a month.
REPRESENTATIVE LEDOUX asked for the reason this section does not
apply to units where the rent exceeds $2,000 a month.
MS. HEWITT answered that this is part of the current law and she
was unsure of the reasoning.
1:34:50 PM
CLYDE (ED) SNIFFEN, Jr., Senior Assistant Attorney General,
Commercial and Fair Business Section, Civil Division
(Anchorage), Department of Law, said he did not know, but could
provide an answer at a later date.
REPRESENTATIVE LEDOUX said she would appreciate an answer, but
she would not hold up the bill.
REPRESENTATIVE GRUENBERG suggested that higher security deposits
are recommended for very expensive units.
MS. HEWITT, in response to a question from Representative
Gruenberg, clarified that a typographical error was found on
page 3 of the sectional analysis related to section 9, but the
error is not found in the bill.
1:37:33 PM
CHAIR KELLER, after ascertaining that no one else wished to
testify, closed public testimony.
1:38:05 PM
REPRESENTATIVE LEDOUX made a motion to report the proposed CS
for HB 282, Version 28-LS0930\Y, Bullock, 4/8/14, out of
committee, with individual recommendations and the accompanying
zero fiscal note. There being no objection, CSHB 282(JUD) was
reported out of the House Judiciary Standing Committee.