04/18/1993 01:20 PM Senate FIN

                                                                               
  SENATE BILL NO. 155                                                          
                                                                               
       An  Act   relating   to  landlords   and  tenants,   to                 
       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.                                            
                                                                               
  Co-chair  Pearce directed  that  SB 155  be  brought on  for                 
  discussion.                                                                  
  Co-chair Frank  explained that  the bill  was introduced  to                 
  continue  previous legislative  work on landlord  tenant law                 
  and in response to constituent  requests for greater balance                 
  in the law.  The proposed would make the following changes:                  
                                                                               
       1.  It  reduces from ten days  to five days the  time a                 
  landlord must wait prior to  commencing the eviction process                 
  when a tenant fails to pay rent.                                             
                                                                               
       2.   It amends nuisance  abatement statutes to  include                 
  drug and alcohol offenses as grounds for relief.                             
                                                                               
       3.   It requires peace officers  to notify landlords if                 
  a tenant has been arrested for  a drug and/or alcohol crime.                 
                                                                               
                                                                               
       4.   It  makes   legal  obligations  of   tenants  more                 
  stringent and rewords the statutory definition of damages.                   
                                                                               
       5.   It adds to a landlord's ability to seek removal of                 
  an abusive tenant through inclusion  of a premises condition                 
  statement  and contents  inventory in  the rental  agreement                 
  through   the  summary   eviction   process  for   extremely                 
  destructive tenants.                                                         
                                                                               
  Co-chair   Frank   acknowledged   that    some   individuals                 
  characterize  any   changes  in   landlord  tenant   law  as                 
  detrimental  to  tenants.   He  voiced his  belief  that the                 
  foregoing is not true and  cautioned that statutes making it                 
  difficult for landlords  to remove nonpaying  or destructive                 
  tenants  result  in higher  security deposits  and increased                 
  background and credit scrutiny.   Restrictions on  landlords                 
  result in less availability for low-income tenants and young                 
  people seeking to rent.                                                      
                                                                               
  Senator Rieger asked for an explanation of Sec. 9 provisions                 
                                                                               
                                                                               
  relating to "action against tenant occupying premises abated                 
  as   nuisance."    JACK   CHENOWETH,  legal  counsel,  Legal                 
  Services, Legislative Affairs Agency, came before committee.                 
  He  explained  that the  bill  opens up  forcible  entry and                 
  detainer provisions and  allows a landlord to  evict tenants                 
  if the premises  is used for purposes  such as prostitution,                 
  illegal drug or alcohol activity, etc.   In situations where                 
  a  tenant  is  illegally  using  the premises  or  condoning                 
  illegal  use  of  the premises  for  one  or  more of  those                 
  purposes, the landlord  may take advantage of  the abatement                 
  mechanism.  Under  that mechanism the landlord  may ask that                 
  use of the premises be abated as a nuisance.  Section 9 says                 
  that when  such an  order is  obtained from  the court,  the                 
  landlord  may  use  the order  as  prima  facie  evidence in                 
  eviction proceedings.                                                        
                                                                               
  Senator Rieger voiced need to review SB 178  (CIVIL NUISANCE                 
  ACTIONS)  to  ensure  that  provisions  therein  would   not                 
  preclude an action  to evict a  tenant as a  nuisance.   Mr.                 
  Chenoweth  said he  had  not reviewed  the  bill.   Co-chair                 
  Pearce directed  that the  meeting be  briefly recessed  for                 
  that review.                                                                 
                                                                               
                       RECESS - 3:00 P.M.                                      
                      RECONVENE - 3:10 P.M.                                    
                                                                               
  Upon   reconvening,  Mr.  Chenoweth  observed  that  SB  178                 
  substantially changes the  law relating to private  nuisance                 
  actions.   An exception  is made,  however, for  abatements.                 
  Mr.  Chenoweth  advised  that  his  reading  indicates  that                 
  abatement law, AS 09.51.070-240 is not affected by CSSB  178                 
  (Jud).                                                                       
                                                                               
  Co-chair Pearce called for additional questions or testimony                 
  on SB 155.  None were forthcoming.                                           
                                                                               
  Co-chair  Frank MOVED  for passage  of CSSB  155  (Jud) with                 
  individual recommendations  and the accompany  fiscal notes.                 
  Senator Sharp OBJECTED  for the purpose  of a question.   He                 
  then  REMOVED his  objection.    Senator Jacko  subsequently                 
  voiced his OBJECTION.  Co-chair Pearce  called for a show of                 
  hands.  The motion carried on a vote of 5 to 1, and CSSB 155                 
  (Jud) was REPORTED OUT  of committee with a $19.0  note from                 
  the Dept. of  Public Safety,  $10.0 note from  the Dept.  of                 
  Law, and zero note from the  Alaska Court System.  Co-chairs                 
  Pearce  and  Frank  and Senators  Kelly,  Rieger,  and Sharp                 
  signed the committee report with a "do pass" recommendation.                 
  Senator  Jacko signed "Do  not pass."   Senator Kerttula was                 
  absent from the meeting and did not sign.