SB 365 - Currently, limited liability companies leasing real property to others or owning unoccupied real property in Kansas City must file an affidavit with the city clerk listing the manager of the property. This act requires the affidavit to additionally name a natural person with control of the property and his or her street address. Furthermore, if the person who manages the property changes, the LLC must file a new affidavit listing a successor manager within 30 days. An LLC may not be charged a fee for filing an affidavit. If an LLC required to file an affidavit fails to file an affidavit, any person adversely affected or the city may petition the court to direct the filing of an affidavit.
Any LLC that fails or refuses to file an affidavit shall be fined $500 per day. If after 90 days, the LLC has still failed to file an affidavit, the City of Kansas City may petition a court for a judicial declaration of abandonment of property. Such a declaration shall be found, and the property transferred to the city if the following conditions are met:
1. The property has been continuously unoccupied by persons legally entitled to possession for at least 6 months prior to the filing of the petition;
2. There are delinquent taxes on the property; and
3. The property is considered a nuisance as defined under Missouri law.
All fines collected under this act shall go to the "Homes for Veterans, Elderly, and Low-Income Families" fund created by this act. The Missouri Housing Development Commission shall disburse grants to veterans, the elderly, and low-income families for the purpose of maintaining and improving their homes. In disbursing grants, the Commission shall give preference to applicants at or below 133% of the federal poverty level.
This act is similar to a provision in the truly agreed to CCS/HCS/SB 111 (2017), SB 286 (2017), HB 493 (2017), SB 693 (2016), HB 1708 (2016), SCS/SB 335 (2015), HCS/HB 864 (2015), HCS/HB 1154 (2015), and HB 895 (2015).
SCOTT SVAGERA