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Legislative Year: 2019 Change
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Bill Detail: HB19-1170

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Title Residential Tenants Health And Safety Act
Status Governor Signed (05/20/2019)
Bill Subjects
  • Housing
House Sponsors M. Weissman (D)
D. Jackson (D)
Senate Sponsors A. Williams (D)
J. Bridges (D)
House Committee Public Health Care and Human Services
Senate Committee Local Government
Date Introduced 02/05/2019
Description

Under current law, a warranty of habitability (warranty) is implied
in every rental agreement for a residential premises, and a landlord
commits a breach of the warranty (breach) if:
  • The residential premises is uninhabitable or otherwise unfit
for human habitation;
  • The residential premises is in a condition that is materially

dangerous or hazardous to the tenant's life, health, or
safety; and
  • The landlord has received written notice of the condition
and failed to cure the problem within a reasonable time.
The bill states that a landlord breaches the warranty if a residential
premises is:
  • Uninhabitable or otherwise unfit for human habitation or in
a condition that is materially dangerous or hazardous to the
tenant's life, health, or safety; and
  • The landlord has received written or electronic notice of
the condition and failed to commence remedial action by
employing reasonable efforts within:
  • 24 hours, where the condition is materially
dangerous or hazardous to the tenant's life, health,
or safety; or
  • 72 hours, where the premises is uninhabitable or
otherwise unfit for human habitation.
Current law provides a list of conditions that render a residential
premises uninhabitable. To this list, the bill adds 2 conditions;
specifically, a residential premises is uninhabitable if:
  • The premises lacks a functioning refrigerator, range, or
oven, if the landlord provides any of these appliances
pursuant to the rental agreement; or
  • There is mold that is associated with dampness, or there is
any other condition causing the premises to be damp, which
condition, if not remedied, would materially interfere with
the health or safety of the tenant.
The bill grants to county courts and small claims courts
jurisdiction to provide injunctive relief related to a breach.
Current law requires a tenant to serve written notice upon a
landlord before the landlord may be held liable for a breach. The bill
expands the acceptable form of such notice to include electronic notice.
The bill also:
  • States that if a tenant gives a landlord notice of a condition
that is imminently hazardous to life, health, or safety the
landlord, at the request of the tenant, shall move the tenant
to a reasonably comparable unit under the control of the
landlord or pay for a tenant to reside in a reasonably
comparable temporary living location while the condition
is being remedied or repaired;
  • Allows a tenant who satisfies certain conditions to deduct
from one or more rent payments the cost to repair or
remedy a condition causing a breach;
  • Repeals the requirement that a tenant notify a local
government before seeking an injunction for a breach;
  • Repeals provisions that allow a rental agreement to require
a tenant to assume certain responsibilities concerning
conditions and characteristics of a premises;
  • Prohibits a landlord from retaliating against a tenant in
response to the tenant having made a good-faith complaint
to the landlord or to a governmental agency alleging a
condition that renders the premises uninhabitable or any
condition that materially interferes with the health or safety
of the tenant; and
  • Repeals certain presumptions and specifies monetary
damages that may be available to a tenant against whom a
landlord retaliates.
If the same condition that substantially caused a breach recurs
within 6 months after the condition is repaired or remedied, the tenant
may terminate the rental agreement 14 days after providing the landlord
written or electronic notice of the tenant's intent to do so.

Committee Reports
with Amendments
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Fiscal Notes Fiscal Notes (07/22/2019) (most recent)  
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