SCS HS HCS HB 361 -- LANDLORD-TENANT

This bill makes several changes in the law governing landlord--
tenant actions.  The bill sets forth detailed procedures on
adjudicating eviction proceedings based upon alleged criminal
activity on the leased premises.  The court may order the
immediate removal of any person who engages in criminal activity
on or in the immediate vicinity of the leased premises.
Landlords may initiate eviction proceedings against such
tenants. Any relevant evidence obtained in good faith by police
is admissible in civil actions for eviction, including actions
where the law enforcement agency is a party.  Landlords are
shielded from liability for claims that the tenant possesses or
is distributing a controlled substance if such claims are
supported by written notification of such activity by a law
enforcement agency.  The bill grants standing to prosecuting
attorneys to bring civil actions for violations of provisions
relating to eviction for criminal activity, and allows
incorporated neighborhood associations to bring suit for such
violations, upon a court's determination that the parties with
standing have failed to pursue the matter with reasonable
diligence.  The bill also allows a court to issue restraining
orders or grant any other preliminary relief necessary to
prevent the commission of drug-related criminal activity, to
protect the rights and interests of the parties to the lease, or
to protect the rights of residents in the vicinity.  However,
the court may then stay the execution of an eviction if the
moving party establishes by clear and convincing evidence that
immediate eviction would pose a serious danger to the party and
that this danger outweighs the safety and well-being of the
surrounding community.

In other landlord-tenant matters, the bill:

(1)  Declares that a limit of 2 persons per bedroom be presumed
to be a reasonable occupancy limitation, excluding children born
during the course of the lease;

(2)  Establishes a 60-day minimum notice requirement for the
termination of a mobile home lot lease;

(3)  Allows landlords to perform court-ordered evictions under
the supervision of a law enforcement officer, if the service
officer fails to deliver possession of the premises to the
landlord within 7 days of the delivery of the writ to the
service officer.  The landlord may then, in the presence of a
law enforcement officer, remove property from the premises and
place it outside at the nearest public easement.  The landlord
is not liable for property damage or loss unless removal is done
in a negligent, willful, or wanton manner;

(4)  Permits landlords to remove personal property from property
that has been abandoned, after complying with certain notice
requirements.  The premises are deemed abandoned when the
landlord has a reasonable belief that the tenant will not
return, the rent is 30 days overdue, and the tenant does not
respond to the notice of abandonment within 10 days;

(5)  Makes a landlord guilty of forcible entry when the landlord
willfully causes the interruption of utilities, unless it is
done for reasons of health and safety;

(6)  Allows a tenant to have repairs made to the premises for
conditions which violate a local housing or building code, when
the landlord fails to make timely repairs after being notified
of the condition.  The tenant can then deduct the cost of the
repairs from the rent, up to an amount equal to one month's
rent. The tenant can do such repairs only once in a 12-month
period;

(7)  Requires the judge to expedite matters in forcible entry
and unlawful detainer actions by:  (a)  allowing the service of
summons to be had in 4 days instead of at least 5 days; (b)
requiring the return date on the summons to be set no later than
10 days after service; (c)  requiring the court to move the case
to the next available spot on the docket upon return of the
summons executed; and (d)  restoring the property to the
landlord within 15 days of the verdict;

(8)  Allows a landlord to double the rent due when the tenant
allows another person or persons to take sole possession of the
premises without permission from the landlord; and

(9)  Requires timely written notice to tenants when ownership of
the property is transferred, including a copy of the recorded
deed.

The bill also establishes a "Landlord-Tenant Court" in the 22nd
judicial circuit (the city of St. Louis) and in the 16th
judicial circuit (Jackson County.)  Up to two landlord-tenant
judges, to be known as commissioners, will be selected by a
"Landlord-Tenant Court Judicial Commission" in each circuit.
This commission will be composed of the presiding judge of the
circuit, one circuit judge, one associate circuit judge and two
people appointed by the mayor of St. Louis.  Each commissioner
must be a licensed attorney and cannot be a judge or prosecutor
in another court.  Each commissioner will be an employee of the
city of St. Louis or Jackson County and will be paid one-third
of an associate circuit judge's salary.  The costs of each
landlord-tenant court will be borne by the city of St. Louis or
Jackson County, respectively.  The bill sets forth procedures
for the quick adjudication and resolution of landlord-tenant
disputes, including requiring a return date of 10 days for each
summons, an allowance of 10 days to file a motion for a
rehearing and 20 days for the rulings on such motions.  The
judges will be authorized to make findings of fact and
conclusions of law, and will be able to issue orders for the
payment of money, delivery of possession of residential property
or any other equitable relief necessary to resolve landlord--
tenant disputes.  However, the judges will not have authority to
operate on an ex parte basis.

HS HCS HB 361 -- LANDLORD TENANT (May, 108)

This substitute makes several changes in the law governing
landlord-tenant actions.  The bill:

(1) Permits landlords to initiate eviction proceedings against
tenants who engage in or allow the illegal sale or possession of
drugs on the rental property.  The proceedings commence upon the
landlord's request for a temporary restraining order (TRO)
accompanied by an affidavit stating:  (a) the reasons for
expedient action; and (b) that notice was provided to the tenant
that the landlord will be seeking a court-ordered eviction.
These elements must be supported by clear and convincing
evidence.  Further, the landlord must post a bond equal to 4
times the monthly rent. The court may then issue a TRO,
requiring the tenant to vacate the premises within 48 hours of
receiving such notice.  A hearing must be held within 10 days to
review the TRO. The court may suspend execution of the eviction
order and allow the tenant to remain on the premises upon the
tenant's posting of a bond of $100;

(2) Shields the landlord from liability for claims that the
tenant possesses or is distributing a controlled substance if
such claims are supported by written notification of such
activity by a law enforcement agency;

(3) Makes the tenant civilly liable for 3 times the amount of
property damage that occurs after the tenant receives a notice
to vacate;

(4) Allows landlords to perform court-ordered evictions under
the supervision of a law enforcement officer, if the service
officer fails to deliver possession of the premises to the
landlord within 7 days of the delivery of the writ to the
service officer.  The landlord may then, in the presence of a
law enforcement officer, remove property from the premises and
place it outside at the nearest public easement.  The landlord
is not liable for property damage or loss unless removal is done
in a negligent, willful, or wanton manner;

(5) Permits landlords to remove property from property that has
been abandoned, as defined in the bill, after complying with
certain notice requirements;

(6) Requires the judge to expedite matters in forcible entry and
unlawful detainer actions by:  (a) allowing the service of
summons to be had in 4 days instead of at least 5 days; (b)
requiring the return date on the summons to be set no later than
10 days after service; (c) requiring the court to move the case
to the top of the docket upon return of the summons executed;
(d) restoring the property to the landlord within 10 days of the
verdict; (e) assessing double damages for rent until the
recoupment of the property and payment by the tenant for court
costs; and (f) requiring the tenant to post a bond 3 times the
monthly rent to stay execution of court action while an appeal
is pending;

(7) Allows an action to recover possession, pursuant to the
procedure set forth in Chapter 535, immediately when rent
becomes overdue, rather than requiring rent to be six months
overdue;

(8) Requires timely written notice to tenants when ownership of
the property is transferred, including a copy of the recorded
deed;

(9) Adds knowingly causing more than $750 damage to leased
property to the conduct that constitutes first degree property
damage, a class D felony.  Damage to property worth less than
$750 will be property damage in the second degree.  This offense
is raised from a class B misdemeanor to a class A misdemeanor.

The bill also establishes a "Landlord-Tenant Court" in the 22nd
judicial circuit (the city of St. Louis) and in the 16th
judicial circuit (Jackson County.)  Up to two landlord-tenant
judges, to be known as commissioners, will be selected by a
"Landlord-Tenant Court Judicial Commission" in each circuit.
This commission will be composed of the presiding judge of the
circuit, one circuit judge, one associate circuit judge and two
people appointed by the mayor of St. Louis.  Each commissioner
must be a licensed attorney and cannot be a judge or prosecutor
in another court.  Each commissioner will be an employee of the
city of St. Louis or Jackson County and will be paid one-third
of an associate circuit judge's salary.  The costs of each
landlord-tenant court will be borne by the city of St. Louis or
Jackson County, respectively.  The bill sets forth procedures
for the quick adjudication and resolution of landlord-tenant
disputes, including requiring a return date of 10 days for each
summons, an allowance of 10 days to file a motion for a
rehearing, and 20 days for the rulings on such motions.  The
judges will be authorized to make findings of fact and
conclusions of law, and will be able to issue orders for the
payment of money, delivery of possession of residential property
or any other equitable relief necessary to resolve landlord--
tenant disputes.  However, the judges will not have authority to
operate on an ex parte basis.

FISCAL NOTE:  Cost to General Revenue Fund of Over $210,736 in
FY 1998, FY 1999, & FY 2000.

HCS HB 361 -- LANDLORD-TENANT ACTIONS

SPONSOR:  May (108)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
& Ethics by a vote of 16 to 0.

The substitute makes several changes to landlord/tenant actions.

The substitute:

(1) Permits landlords to initiate eviction proceedings against
tenants who engage in or allow the illegal sale or possession of
drugs on the rental property.  The proceedings commence upon the
landlord's request for a temporary restraining order (TRO)
accompanied by an affidavit stating the reasons for expedient
action, supported by clear and convincing evidence, and the
posting of a bond equal to 3 times the monthly rent. The court
may issue a TRO, requiring the tenant to vacate the premises
within 48 hours of receiving such notice.  A hearing must be
held within 10 days to review the TRO. The court may suspend
execution of the order and allow the tenant to remain on the
premises by posting a bond equal to one month's rent;

(2) Allows the landlord to reenter and take the premises upon
providing 10 days' notice and upon sufficient proof that the
tenant is conducting illegal activities on the premises that
could injure persons or property.  The landlord is not liable if
his suspicion of the tenant's illegal possession, sale or
distribution of controlled substances is supported by written
notification by a law enforcement agency.  The tenant is civilly
liable for 3 times the amount of property damage that occurs
after receiving the notice to vacate;

(3) Allows landlords to perform court-ordered evictions under
the supervision of a law enforcement officer, if the service
officer fails to deliver possession of the premises to the
landlord within 7 days.  The landlord may remove property from
the premises and place it outside at the nearest public easement
or sell the property at a public auction.  The landlord is not
liable for property damage or loss unless removal is done in a
willful or wanton manner;

(4) Permits landlords to remove property from abandoned
premises, as defined in the bill, after complying with certain
notice requirements;

(5) Requires the judge to expedite matters in forcible entry and
unlawful detainer actions by:  allowing the service of summons
to be had in 4 days instead of at least 5 days, as is current
law in other civil cases; requiring the return date on the
summons set no later than 10 days after service; requiring the
judge to move the case to the top of the docket upon return of
the summons executed; restoring the property to the landlord
within 10 days of the verdict; assessing double damages for rent
until the recoupment of the property and payment by the tenant
for court costs; and requiring the tenant to post a bond 3 times
the monthly rent to stay execution of court action pending an
appeal;

(6) Allows an action to recover possession, pursuant to Chapter
535, immediately when rent becomes overdue, rather than
requiring rent to be 6 months overdue;

(7) Adds knowingly causing more than $750 damage to leased
property to the conduct that constitutes property damage in the
first degree, a class D felony.  Damage to property worth less
than $750 will be property damage in the second degree.  This
offense is raised from a class B misdemeanor to a class A
misdemeanor;

The substitute also establishes a "Landlord-Tenant Court" in the
city of St. Louis.  Up to two landlord tenant judges, to be
known as commissioners, will be selected by a "Landlord-Tenant
Court Judicial Commission."  This commission will be composed of
the presiding judge of the circuit, one circuit judge, one
associate circuit judge, and two people appointed by the mayor
of St. Louis.  Each commissioner must be a licensed attorney and
cannot be a judge or prosecutor in another court.  Each
commissioner will be an employee of the city and will be paid
one-third of an associate circuit judge's salary.  The
substitute sets forth procedures for the quick adjudication and
resolution of landlord-tenant disputes, including requiring a
return date of 10 days for each summons, an allowance of 10 days
to file a motion for a rehearing and 20 days for the rulings on
such motions.  The judges will be authorized to make findings of
fact and conclusions of law, and will be able to issue orders
for the payment of money, delivery of possession of residential
property, or any other equitable relief necessary to resolve
landlord-tenant disputes.

FISCAL NOTE:  Cost to General Revenue Fund of Over $160,000 in
FY 1998, FY 1999, & FY 2000.

PROPONENTS:  Supporters say that this bill will help property
owners rid their buildings of very undesirable tenants, who
destroy property, deal drugs, and disturb the good tenants.  The
cities have lost thousands of rental properties because of the
inability to get these criminals out.  Landlords who can manage
their properties adequately (i.e., evict bad tenants) will
continue to invest in their buildings, thus contributing to the
stability of the entire neighborhood.  This legislation allows
that to happen.

Testifying for the bill were Representative May; St. Louis Real
Estate Investors Assn.; Southside Landlords Assn.; Texas Avenue
Property Owners; MO Assn. of Realtors; and St. Louis Assn. of
Realtors.

OPPONENTS:  Those who oppose the bill say that the bill does not
balance the rights of landlords and tenants.  It could force
tenants to be unfairly evicted, perhaps without due process.  It
penalizes tenants with fewer financial resources and creates
criminal penalties for disputes that are civil in nature.  The
ability to evict a tenant through an ex parte proceeding is
particularly unfair.

Testifying against the bill were Dan Glazier; and Sid Pearson.

Richard Smreker, Research Analyst

HB 361 -- Landlord-Tenant

Sponsor:  May

The bill makes several changes to landlord/tenant actions.

The bill:

(1) Permits landlords to initiate eviction proceedings against
tenants who engage in or allow the illegal sale or possession of
drugs on the rental property.  The proceedings commence upon the
landlord's request for a temporary restraining order (TRO)
accompanied by an affidavit stating the reasons for expedient
action, supported by clear and convincing evidence, and the
posting of a bond equal to 3 times the monthly rent. The court
may issue a TRO, requiring the tenant to vacate the premises
within 24 hours of receiving such notice.  A hearing must be
held within 10 days to review the TRO. The court may revoke the
order and allow the tenant to remain on the premises by posting
a bond equal to one month's rent, if the court rules in favor of
the tenant the court must award the tenant the bond posted by
the landlord;

(2) Allows the landlord to reenter and take the premises upon
sufficient proof that the tenant violated the suspended
execution of the TRO by engaging in or allowing illegal
activities on the premises. The landlord is not liable if his
suspicion is supported by information given by a law enforcement
agency. The tenant is civilly liable for 3 times the amount of
property damage that occurs after receiving the notice to vacate;

(3) Allows landlords to perform court-ordered evictions under
the supervision of a law enforcement officer, if the officer
fails to deliver possession of the premises to the landlord
within 7 days.  The landlord may remove property from the
premises and place it outside at the nearest public easement or
sell the property at a public auction.  The landlord is not
liable for property damage or loss unless removal is done in a
willful or wanton manner;

(4) Permits landlords to remove property from abandoned
premises, as defined in the bill, when certain notice
requirements are complied with;

(5) Requires the judge to expedite matters in forcible entry and
unlawful detainer actions by:  allowing the service of summons
to be had in 4 days instead of at least 5 days, as is current
law in other civil cases; requiring the return date on the
summons set no later than 10 days after service; requiring the
judge to move the case to the top of the docket upon return of
the summons executed; restoring the property to the landlord
within 10 days of the verdict; assessing double damages for rent
until the recoupment of the property and payment by the tenant
for attorneys fees and court costs; and requiring the tenant to
post a bond 3 times the monthly rent to stay execution of court
action pending an appeal;

(6) Allows similar expedited proceedings as in forcible entry
and unlawful detainer for actions to recover rents and
possession, plus requiring an associate circuit judge to hear
cases where the landlord has sold the property to a purchaser
who is maintaining an action for rents or possession;

(7) Simplifies procedures for new landlords when titles are
transferred or agents are used for managing property;

(8) Requires a landlord or tenant to give one month's notice
when terminating a month-to-month tenancy; and

(9) Adds knowingly causing more than $750 damage to leased
property to the conducts that make up the class D felony of
property damage in the first degree.  Adds knowingly causing
less than $750 damage to leased property to the conducts that
make up the class A misdemeanor of property damage in the second
degree.

The bill also establishes a "Landlord-Tenant Court" in the city
of St. Louis.  Up to two landlord tenant judges, to be known as
commissioners, will be selected by a "Landlord-Tenant Court
Judicial Commission."  This commission will be composed of the
presiding judge of the circuit, one circuit judge, one associate
circuit judge and two people appointed by the mayor of St.
Louis.  Each judge must be a licensed attorney and cannot be a
judge or prosecutor in another court.  Each judge will be an
employee of the city and will be paid one-third of an associate
circuit judge's salary.  The bill sets forth procedures for the
quick adjudication and resolution of landlord-tenant disputes,
including requiring a return date of 10 days for each summons,
an allowance of 10 days to file a motion for a rehearing, and 20
days for the rulings on such motions.  The judges will be
authorized to make findings of fact and conclusions of law, and
will be able to issue orders for the payment of money, delivery
of possession of residential property, or any other equitable
relief necessary to resolve landlord-tenant disputes.