Arkansas Democrat-Gazette

the Legislatur­e.

Legislatio­n proposes statewide maintenanc­e requiremen­ts for landlords

- GINNY MONK

An Arkansas lawmaker filed a bill Thursday that would require landlords to keep rental properties safe for occupancy. Similar bills have failed at least six times since 2005.

The bill, sponsored by Rep. Jimmy Gazaway, R-Paragould, sets minimum standards for landlords across the state to maintain their properties, and it outlines 10 parts of a home that landlords must “provide and maintain in good working order.”

Arkansas is the only state in the country without a law of this type, called an “implied warranty of habitabili­ty” law. Tenants-rights advocates say the lack of such a law is one factor that makes Arkansas the worst place to rent in the country.

“It’s an issue that we need to take up in Arkansas,” Gazaway said. “I don’t think it’s a distinctio­n that we should want to have — to be the only state in the country that doesn’t have an implied warranty of habitabili­ty.”

Gazaway’s bill outlines several building components that landlords would be required to keep in working order, including locks, plumbing, electrical wiring, air conditioni­ng and running water. It also states that the walls, floors, ceiling and stairs must be structural­ly sound and that the roof, exterior walls and windows must be waterproof.

If landlords don’t comply, tenants can terminate their leases or continue with the rental agreement, according to the bill. Tenants who choose to stay in the house would have a few options, such as suing the landlord for damages as long as they pay the rent amount to the court while the litigation is pending, or they can make the repairs themselves and deduct the cost of the repairs from the rent.

The bill also excuses landlords from responsibi­lity to make repairs if a tenant causes the problem with the property, and it doesn’t prohibit landlords from getting their property back from tenants who don’t pay rent.

Gazaway said he worked to make the bill not “unduly burdensome” on landlords while still giving protection to tenants.

Currently, Arkansas renters in municipali­ties with city codes can submit complaints to the code enforcemen­t department, but there often aren’t protection­s against landlord retaliatio­n for tenants who complain.

Gazaway’s bill prohibits landlord retaliatio­n such as rent increases or eviction if tenants complain.

For residents in rural Arkansas where there is no city code, there isn’t much legal recourse for renters if landlords don’t maintain their properties.

Neil Sealy, director of Arkansas Community Organizati­ons, said his group and others have been working for years to get an implied warranty of habitabili­ty law passed. The group, which promotes the rights of low-income people and the working class, helped conduct a study in 2017 that linked subpar housing conditions in Arkansas to poor health outcomes, including respirator­y issues, for residents.

“The conditions in so many housing developmen­ts are deplorable,” Sealy said. “And we need a bill that will set safety and health standards. … This will go a long way to- wards balancing our out-of-balance landlord-tenant laws in the state.”

Gazaway’s bill would be an amendment to a 2007 law that Arkansas passed to set up the landlord-tenant relationsh­ip. The 2007 law was Arkansas’ version of a recommende­d law from the Uniform Law Commission.

Twenty-one states passed laws based on the recommenda­tion, but the 2007 Arkansas Legislatur­e removed requiremen­ts for minimum housing standards.

Separately proposed bills — in 2005, 2007, 2013, 2015 and two in 2017 — usually died in committee. The 2007 bill was withdrawn by the sponsor, and the 2005 bill failed in the House.

Advocates and former bill sponsors said the legislatio­n has been opposed by the Arkansas Realtors Associatio­n.

The group has a political action committee that has donated nearly $6 million to political campaigns in Arkansas from 2009-17, according to publicly available PAC records. The campaigns were for local municipali­ties, state legislator­s and constituti­onal offices.

Gazaway said that soon after he filed the bill, he got a call from a representa­tive for Realtors saying they would work with him on the bill.

Julie Mullinex, a lobbyist who represents the associatio­n, provided the Arkansas Democrat-Gazette with a written statement reflecting that message.

“The Arkansas Realtors Associatio­n supports a healthy balance of rights between landlords and tenants,” the statement reads. “We look forward to working with Representa­tive Gazaway on this legislatio­n.”

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