HF 547 — A bill for an act relating to rental agreements and early termination rights of tenants who are victims of certain crimes.

House File 547 - IntroducedReprinted HOUSE FILE 547 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 2) (COMPANION TO SF 140 BY COURNOYER) (As Amended and Passed by the House March 21, 2023) A BILL FOR An Act relating to rental agreements and early termination rights of tenants who are victims of certain crimes.

TLSBHF 1649HV547 (1)(2) 90 cm/nscm/ns/md H.F.

Documentation from a licensed health care services provider, licensed mental health care provider, or a victim counselor as defined in section 915.20A, subsection 1, based on information that such person received while working in the LSBHF 1649HV547 (1)(2) 90 -1- cm/nscm/ns/md 1/51/4 H.F.

c.

The names of the residents of the dwelling unit to which the termination of the rental agreement will apply in addition to the tenant, if any.

A tenant who terminates a rental agreement pursuant to this section shall remain liable for rent for the month in which the tenant terminated the rental agreement and any proratedHF days547 of(2) rent90 through-2- thecm/ns/md date2/4 ofH.F. termination stated in the notice.

A547 tenantprorated maydays notify the landlord of plansrent tothrough vacate the dwellingdate unitof priortermination tostated in the rentalnotice. agreement LSB 1649HV (1) 90 -2- cm/ns 2/5 H.F.

547A tenant may notify the landlord of plans to vacate the dwelling unit prior to the rental agreement termination date.

A landlord, owner, or owner’s agent shall not refuse toHF rent547 a(2) dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised LSB 1649HV (1) 90 -3- cm/nscm/ns/md 3/53/4 H.F.

547 to rent a dwelling unit to an otherwise qualified prospective tenant or refuse to continue to rent to an existing tenant solely on the basis that the tenant has previously exercised the tenant’s rights under this section or has previously terminated a tenancy because of the circumstances described in this section.

EXPLANATION8. The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

ThisNotwithstanding billany allowsprovision aof victimthis section to the contrary, only the leasehold interest of certainthe crimestenant requesting the termination pursuant to terminatesubsection a1 rentalwho agreementprovides early.the documentation required by subsections 2 and 3 shall be terminated.

TheHF bill547 allows(2) a90 tenant-4- tocm/ns/md terminate4/4 a rental agreement without penalty or liability if the tenant provides written notification to the landlord that a tenant or household member is a victim of an act of domestic abuse, sexual abuse, stalking, elder abuse, or other crime that poses a substantial threat of personal injury or death and is punishable as a felony or misdemeanor.

The bill provides that the written notice provided to the landlord shall contain one of the following documents:

a copy of a protective order, a copy of a written report by a peace officer stating that a tenant or household member is a victim of an act or crime, documentation from a qualified third party based on information received by a licensed health care services provider, licensed mental health care provider, or a victim counselor that a tenant or household member is seeking assistance for abuse or physical or mental injuries resulting from an act or crime, or any other form of documentation that reasonably certifies that the act or crime occurred.

Written notice provided to a landlord to terminate a lease agreement must contain the date the lease will terminate and the names of household members to be released in addition to the tenant.

The bill provides that a tenant who terminates a rental agreement pursuant to the bill shall remain liable for rent for the month in which the tenant terminated the rental agreement and any prorated days of rent through the date of termination stated in the notice.

If the premises are rented to another party prior to the end of the obligation to pay rent, the rent shall be prorated.

LSB 1649HV (1) 90 -4- cm/ns 4/5 H.F.

547 The bill provides protections for a tenant who terminates a rental agreement under the bill.

A tenant is not liable for rent or damages to premises incurred after the lease termination date, and is not subject to a negative credit reference, a negative character reference, or any fee or penalty solely because of termination of the rental agreement.

A tenant shall not be required to forfeit any security deposit money or advance rent paid due to that termination.

A tenant who terminates a rental agreement pursuant to the bill shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement.

The bill provides for victim confidentiality by the landlord.

A landlord shall not disclose to a third party any information provided to the landlord by a tenant, unless the tenant consents in writing or the disclosure is required by law or order of the court.

A landlord’s communication to a qualified third party who provides documentation to verify the contents of that documentation is not considered disclosure.

The bill provides that a landlord is not allowed to discriminate against a prospective tenant based solely upon the prospective tenant having previously terminated a tenancy because of circumstance provided in the bill.

LSB 1649HV (1) 90 -5- cm/ns 5/5