Tell (S) Housing Members, You Oppose SB 5197
This Friday, the Senate Housing Committee will consider SB 5197, a bill that will change eviction notice forms and modify certain eviction processes. Although there a few positive changes included in the bill, on the whole it is bad for our industry. This bill:
- Permits virtual testimony (PRO)
- Requires a show cause hearing regardless of whether the tenant responds (CON)
- This already required in many counties
- Increases the cost of eviction actions where the tenant refuses to participate in the process to resolve their nonpayment of rent issue
- Permits the tenant an extended period of time reinstate the tenancy (CON)
- Increases attorney fees
- Creates uncertainty in the eviction process outside of the courtroom and very likely will lead to Writs being served inadvertently for lack of communication by local Sheriff’s departments
- Removes requirements to limit additional provisions (CON)
- Under current programs, costs the State more money because we cannot address nonpayment of rent when it happens but have to wait 6 months to serve a notice
- Rental assistance programs require us to provide a notice served on a tenant OR a Summons and Complaint in order to access funding
- This is a reasonable restriction on rental assistance program overreach into the rental contract that addresses the issues before the court and makes all parties whole.
- Removes 3 pay or vacates / reinstatement (CON)
- This was an agreement made in 2019 that has never been fully implemented.
- Creates a TPP entitlement requiring State to pay rental assistance regardless of appropriation
- Strikes reference to the Eviction Resolution Pilot Program (PRO)
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