State Issues
NEW STATE LAWS EFFECTIVE JANUARY 1st - Several changes in state laws that impact the multifamily housing industry become effective January 1 including a statute that clarifies when late fees may be charges. The new laws states the late fees begin one-full day after rent is due. In other words, if rent is due first – late fees begin on the third.
Also effective January 1, sexual assault victims have lease termination rights when the assault occurred within the proceeding six months in the rental unit or on the premises, provided the resident presents certain documentation and at least 30 days notice. This law also extends lease termination rights for domestic violence survivors to include situations in which the assailant is not living with the resident. The resident must provide certain documentation, as well as, at least 30 days notice. State law stipulates that the “certain documentation” include: 1) documentation of the assault or abuse of the victim from a licensed health care services provider who examined the victim; 2) documentation of the assault or abuse of the victim from a licensed mental health services provider who examined or evaluated the victim; (3) documentation of the assault or abuse of the victim from an individual authorized under Chapter 420, Government Code, who provided services to the victim; or 4) documentation of a protective order issued under Chapter 7A, Code of Criminal Procedure..
Beginning January 1, rental property owners are required to provide and pay for smoke detectors for hearing-impaired residents upon request. Also, a new statute creates a process for a resident to go to Justice of the Peace to seek an order of restoration of utilities that have been illegally disconnected. The bill also amends current law and only allows utilities to be disconnected for construction, emergencies, and bona fide repairs.
Questions:
If you have questions about any state legislative or regulatory issues contact the TAA legislative team at (512) 479-6252 or email to David Mintz (david@taa.org), Michele Gregg (michelem@taa.org), or Wendy Wilson (wendy@taa.org).