Fiscal Note - SB 0118 - Prohibits Retaliation For the Filing of Housing Complaints by Tenants
L.R. NO. 0585-01
BILL NO. SB 118
SUBJECT: Landlord/Tenant Relations
TYPE: Original
DATE: January 2, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
None
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 assume that the
proposed legislation may cause some landlord/tenant cases to become more
protracted, but the workload impact upon the judiciary should not be
significant.
Officials from the Office of the Attorney General assume the proposed
legislation would have no fiscal impact on their agency.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Small Business
Small businesses which lease rental property to tenants could be fiscally
impacted by this proposal as it would prohibit landlords from raising rent or
terminating a lease in certain situations. In some instances, the landlord
would have the burden of proof and/or the tenant could deduct monies from
their rental payments.
DESCRIPTION
The proposed legislation would prohibit landlords from raising rent or
terminating a lease in retaliation for the filing of a housing violation
complaint against the landlord. If the notice to terminate or increase the
rent came within ninety days of a housing code violation complaint, the
burden of proof would be on the landlord. In the case of a retaliatory rent
increase, the court would allow the tenant to remit the rent less twice the
amount of increase.
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
Office of the Attorney General
This Fiscal Note is not an official copy and should not be quoted or cited.