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AR SJR11
Joint Resolution
Status
10/15/2021
Primary Sponsor
Greg Leding
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AI Summary
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Creates an implied warranty of habitability requiring landlords to maintain residential rental premises that are safe, clean, fit for human habitation, and compliant with building, housing, and health codes
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Establishes specific habitability standards including waterproofing, plumbing, water supply, heating, electrical systems, working locks, smoke detectors, and carbon monoxide alarms where applicable
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Prohibits landlords from criminalizing nonpayment of rent and failure to vacate; allows tenants to withhold rent, make repairs and deduct costs (up to 3 months' rent per 12-month period), obtain injunctive relief, or terminate leases when landlords fail to maintain habitable conditions
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Bans retaliatory conduct by landlords, including eviction filing, rent increases, or service reductions against tenants who exercise housing rights or report code violations; violating tenants can recover 3 months' rent plus $500 in civil penalties
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Prohibits "self-help" evictions such as changing locks, interrupting utilities, or denying access to personal property without court process; violations allow tenants to recover 3 months' rent or terminate the lease and recover security deposits plus prepaid rent
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Requires landlords to disclose material habitability defects and foreclosure status before rental agreements and provide 60 days' notice before rent increases; effective January 1, 2023
Legislative Description
An Amendment To The Arkansas Constitution To Create An Implied Warranty Of Habitability And Provide Protections To Arkansas Tenants.
Last Action
Died in Senate Committee at Sine Die adjournment.
10/15/2021