SB 594 — TO AMEND THE ARKANSAS RESIDENTIAL LANDLORD-TENANT ACT OF 2007; AND TO AMEND THE LAW CONCERNING A CAUSE OF ACTION FOR UNLAWFUL DETAINER AND FORCIBLE ENTRY AND DETAINER.
Last action — Notification that SB594 is now Act 1052
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 22, 2021. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
- SB 594 Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill establishes implied residential quality standards for leases and rental agreements in Arkansas, enhancing tenant rights regarding habitable living conditions.
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18-17-502
Implied residential quality standards.
Introduces a new section addressing implied residential quality standards in lease agreements.
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18-17-502
(a) For all lease agreements or rental agreements entered into or renewed after November 1, 2021, and exclusive of a lease to purchase or a lease with a purchase right and except when temporarily prevented by an act of God, the failure of, or caused by, public utility service, or other force majeure events to include without limitation any epidemic or pandemic that causes work stoppages, labor or material shortages, or required social distancing that impact the ability to maintain or repair a premises, there shall be implied in all leases and rental agreements for residential purposes a requirement that a dwelling unit or single-family residence have, both at the time possession is delivered to the tenant or tenants named in the lease or rental agreement and throughout the term of the lease or rental agreement: (1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.
Establishes mandatory standards for the condition of rental housing.
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18-17-502(a)
(b) Unless the tenant agrees in writing to accept responsibility to renovate, remodel, or complete the renovation, remodeling, or construction of the dwelling unit or single-family residence, the provisions of subsection (a) of this section shall supersede any contrary provision of an oral or written lease or rental agreement.
Clarifies that implied quality standards are mandatory and cannot be waived unless agreed to by the tenant in writing.
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18-17-502(c)
A landlord shall be deemed to be in compliance with the requirements of subsection (a) of this section: (1) If the landlord supplies the tenant, at the time possession is available to the tenant, a written form with which to list any defects listed in (a) of this section and the tenant: (A) Signs the form without noting a defect of any item listed in subsection (a) of this section and takes possession of the premises; or (B) Fails to return the form to the landlord within two (2) business days; or (2) As to defects which arise after possession by the tenant, if the tenant delivers written notice to the landlord but the noncompliance: (A) Could not be remedied because the tenant refused the landlord entry to the premises for the purpose of correcting the defect; or (B) Was caused by the deliberate or negligent act or omission of: (i) The tenant; (ii) A member of the tenant’s family; (iii) Another occupant of or visitor on the premises; or (iv) Any person other than the landlord or the landlord’s agent.
Defines landlord compliance with the housing quality standards.
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18-17-502(d)
(1) If a dwelling unit or single-family residence does not comply with subsection (a) of this section, the tenant is entitled to deliver written notice of the noncompliance to the landlord by certified mail or any other method provided by the lease or rental agreement and shall specify the acts and omissions constituting noncompliance. (2)(A) If the payment of rent is current, noncompliance is not excused under subsection (c) of this section, and the landlord does not remedy the noncompliance within thirty (30) calendar days after receiving the notice required by subdivision (d)(1) of this section, the tenant’s sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq. (B) However, if the implied quality standards were met as required by subsections (a)-(c) of this section, the landlord may apply the tenant’s security deposit to the payment of any damage to the premises as provided in § 18-16-301 et seq. in addition to any other remedy provided by applicable law.
Establishes tenants' rights to terminate lease agreements if the property fails to meet quality standards.
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18-17-502(g)
Except as otherwise provided by this chapter, a landlord or tenant shall not agree in a lease or rental agreement to waive or forego any of the rights, duties, or remedies available under this chapter.
Prevents landlords and tenants from waiving their rights under this chapter.
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18-17-502(h)
This section does not relieve the landlord from having to comply with any stricter applicable housing standard of a local government with jurisdiction.
Clarifies that local housing standards must still be followed, even if they are stricter.
Amendments
4 amendments- Amendment H2 April 21, 2021 Show changes
- Amendment H1 April 19, 2021 Show changes
- Amendment S2 April 07, 2021 Show changes
- Amendment S1 March 23, 2021 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Notification that SB594 is now Act 1052
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DELIVERED TO GOVERNOR.
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Reported correctly enrolled and ordered delivered to the Governor.
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ORDERED ENROLLED
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Read the third time and passed.
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Rules suspended.
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House Amendment No. 1,2 read first time, rule suspended, read second time and concurred in.
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Placed on second reading for purpose of amendment.
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Returned by the Committee with the recommendation that it Do Pass concur in House Amendment No. 1,2
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Re-referred to INSURANCE & COMMERCE - SENATE
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Returned from the House as passed as amended, Amendment #1 and 2.
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Returned To Senate as passed, as amended # 1 & 2
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Read the third time and passed and ordered transmitted to the Senate.
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REPORTED CORRECTLY ENGROSSED
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Amendment No. 2 read and adopted and the bill ordered engrossed.
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Placed on second reading for the purpose of amendment.
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Returned by the Committee with the recommendation that it do pass as amended 2
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Re-referred to the Committee on INSURANCE & COMMERCE- HOUSE
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Motion to rerefer back to committee passed
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REPORTED CORRECTLY ENGROSSED
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Amendment No. 1 read and adopted and the bill ordered engrossed.
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Placed on second reading for the purpose of amendment.
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Returned by the Committee with the recommendation that it do pass as amended 1
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Read the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE
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RECEIVED FROM THE SENATE
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Ordered immediately transmitted to the House.
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Read the third time and passed.
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Returned by the Committee, with the recommendation that it Do Pass
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Re-referred to INSURANCE & COMMERCE - SENATE
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REPORTED CORRECTLY ENGROSSED
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Amendment # 2 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
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Withdrawn from Committee for purpose of amendment # 2
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Re-referred to INSURANCE & COMMERCE - SENATE
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REPORTED CORRECTLY ENGROSSED
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Amendment # 1 read the first time, rules suspended, read the second time and adopted, ordered engrossed.
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Withdrawn from Committee for purpose of amendment # 1
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Read first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE
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Filed
Sponsors
- Hawks · Primary
- Jonathan Dismang · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 136 not signed on · 10 voted No
Sponsors (2)
- Hawks
- Jonathan Dismang
Co-sponsors (0)
None.
Not signed on (136)
136 members have not signed on to this bill.
Show all 136 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 1 | 0 | 0 |
| Total | 34 | 1 | 0 | 0 |
| % of votes cast | 97% | 3% | 0% | 0% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Rapert | — | Yea |
| Teague | — | Yea |
| Beckham | — | Yea |
| Bledsoe | — | Yea |
| Elliott | — | Yea |
| Alan Clark | — | Yea |
| B. Ballinger | — | Yea |
| B. Sample | — | Yea |
| Bart Hester | — | Yea |
| Ben Gilmore | — | Yea |
| Blake Johnson | — | Yea |
| Breanne Davis | — | Yea |
| C. Tucker | — | Yea |
| Dan Sullivan | — | Yea |
| Dave Wallace | — | Yea |
| G. Stubblefield | — | Yea |
| Greg Leding | — | Yea |
| J. Hendren | — | Yea |
| J. Sturch | — | Yea |
| Jane English | — | Yea |
| Jimmy Hickey, Jr | — | Yea |
| Jonathan Dismang | — | Yea |
| K. Ingram | — | Yea |
| Kim Hammer | — | Yea |
| L. Chesterfield | — | Yea |
| L. Eads | — | Yea |
| M. Pitsch | — | Yea |
| Mark Johnson | — | Yea |
| Missy Irvin | — | Yea |
| Ricky Hill | — | Yea |
| Ronald Caldwell | — | Yea |
| S. Flowers | — | Nay |
| Scott Flippo | — | Yea |
| T. Garner | — | Yea |
| Terry Rice | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 89 | 10 | 0 | 1 |
| Total | 89 | 10 | 0 | 1 |
| % of votes cast | 89% | 10% | 0% | 1% |
How each member voted (100)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 1 | 0 | 6 |
| Total | 28 | 1 | 0 | 6 |
| % of votes cast | 80% | 3% | 0% | 17% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Beckham | — | Yea |
| Bledsoe | — | Yea |
| Rapert | — | Yea |
| Teague | — | Nay |
| Elliott | — | Not Voting |
| Alan Clark | — | Yea |
| B. Ballinger | — | Yea |
| B. Sample | — | Yea |
| Bart Hester | — | Yea |
| Ben Gilmore | — | Yea |
| Blake Johnson | — | Yea |
| Breanne Davis | — | Yea |
| C. Tucker | — | Not Voting |
| Dan Sullivan | — | Yea |
| Dave Wallace | — | Yea |
| G. Stubblefield | — | Yea |
| Greg Leding | — | Not Voting |
| J. Hendren | — | Yea |
| J. Sturch | — | Yea |
| Jane English | — | Yea |
| Jimmy Hickey, Jr | — | Yea |
| Jonathan Dismang | — | Yea |
| K. Ingram | — | Not Voting |
| Kim Hammer | — | Yea |
| L. Chesterfield | — | Not Voting |
| L. Eads | — | Yea |
| M. Pitsch | — | Yea |
| Mark Johnson | — | Yea |
| Missy Irvin | — | Yea |
| Ricky Hill | — | Yea |
| Ronald Caldwell | — | Yea |
| S. Flowers | — | Not Voting |
| Scott Flippo | — | Yea |
| T. Garner | — | Yea |
| Terry Rice | — | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 594?
- SB 594 is sponsored by Hawks and Jonathan Dismang.
- What is the current status of SB 594?
- This bill has been enacted into law. Introduced March 22, 2021. Enacted.
- Where can I track SB 594?
- Track SB 594 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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