Legislature(2005 - 2006)BUTROVICH 205
04/25/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB308 | |
| SB316 | |
| HB439 | |
| SB307 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 308 | TELECONFERENCED | |
| += | SB 307 | TELECONFERENCED | |
| + | HB 442 | TELECONFERENCED | |
| + | HB 439 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 316 | ||
SB 307-LANDLORD REMEDIES; LATE FEE
9:21:00 AM
CHAIR RALPH SEEKINS announced SB 307 to be up for consideration.
SENATOR CHARLIE HUGGINS moved version G as the working document
before the committee. Hearing no objections, the motion carried.
JANE ALBERTS, Staff to Senator Con Bunde, introduced the bill
and said Senator Bunde has offered the bill by request of
landlords who deal with large numbers of tenants. Landlords feel
that a court ruling in 2002 changed how they collect rent and
late fees and they are concerned over the issue.
The bill would allow landlords to send out one notice to warn
tenants of the rent and the accompanying late fees. The
committee substitute (CS) addresses a concern heard last week in
the Senate Judiciary Standing Committee and Ed Sniffen would
discuss that concern.
9:23:21 AM
ED SNIFFEN, Assistant Attorney General, Department of Law (DOL),
said he reviewed the CS and in order to address Senator French's
concern that landlords would be allowed to "shoehorn other fees
into a streamlined process." He said the best option to solve
that would require a total re-write of the Landlord-Tenant Act.
The CS puts a ten percent cap on the amount that a landlord
could charge for a late fee.
9:25:32 AM
SENATOR GRETCHEN GUESS asked Mr. Sniffen whether it was still
the situation that somebody could get evicted solely on the
basis of not paying the late fee.
MR. SNIFFEN indicated that was true.
SENATOR GUESS asked whether the statutes addressed the point of
when rent is late.
MR. SNIFFEN replied that is normally stated in the rental
contract.
9:27:15 AM
SENATOR HOLLIS FRENCH asked Mr. Sniffen whether there were rules
and regulations in respect to late fees in other transactions,
such as car loans.
MR. SNIFFEN reported that in the mortgage-lending arena there
are federal regulations that control the lending process.
Federal statute and other usury laws impose some limitations. He
said when a person fails to pay the mortgage there is a process
that takes up to 60 days before that person would lose the house
but the eviction remedy is more serious and treated differently
in statute.
9:29:37 AM
CHAIR SEEKINS held SB 307 in committee.
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