SB 0627 - Fiscal Note

Fiscal Note - SB 0627 - Tenants May Repair & Deduct Cost From Rent

L.R. NO.  2426-01
BILL NO.  SB 627
SUBJECT:  Landlord/Tenant Relations
TYPE:     Original
DATE:     January 3, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

NONE                               $0              $0             $0




Total Estimated
Net Effect on All
State Funds                        $0              $0             $0

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999

NONE                               $0              $0             $0




Total Estimated
Net Effect on All
Federal Funds                      $0              $0             $0

                    ESTIMATED NET EFFECT ON LOCAL FUNDS

FUND AFFECTED                 FY 1997         FY 1998        FY 1999


Local Government                   $0              $0             $0


                             FISCAL ANALYSIS


ASSUMPTION

Officials from the Office of State Courts Administrator (CTS) assume there
are many subjective factors which could occur in landlord/tenant relations
and in rented property.  CTS would not expect a decline in landlord/tenant
litigation as a result of the proposed legislation, although some cases may
be more or less protracted depending on the facts and parties.  CTS would not
expect a significant fiscal impact upon the judiciary.

FISCAL IMPACT - State Government      FY 1997    FY 1998    FY 1999
                                     (10 Mo.)

                                           $0         $0         $0

FISCAL IMPACT - Local Government      FY 1997    FY 1998    FY 1999
                                     (10 Mo.)

                                           $0         $0         $0

DESCRIPTION

The proposed legislation would authorize tenants to make housing code
violation repairs to property and deduct up to $300 of actual costs from rent
due if the owner fails to make repairs within fourteen days of notice, except
in emergencies.  The tenant would be required to provide the landlord with an
itemized statement, including receipts.  Written certification of a housing
code violation would be required if the landlord disputes the necessity of
the repair.  Repairs would not be allowed for intentional or negligent acts
of the tenant and the tenant's family.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.

SOURCES OF INFORMATION

Office of State Courts Administrator