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IN HB1091
Bill
Status
1/5/2016
Primary Sponsor
Robin Shackleford
Click for details
AI Summary
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Adds affirmative defense to eviction actions allowing tenants or household members to challenge evictions if landlord's action is substantially in response to tenant activities within 12 months prior.
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Protects tenants making good faith complaints about repair conditions, health/safety violations, or requests to government entities concerning landlord violations of rental property regulations.
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Protects tenants attempting to exercise lease rights, enforce state or federal law, or organize with tenant rights organizations.
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Allows landlords to prevail in eviction despite affirmative defense if tenant breached rent payment, held over after lease expiration, caused violations through willful conduct, or provided notice to quit before tenant activities occurred.
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Permits prevailing tenants to recover actual damages, consequential damages, attorney's fees, court costs, injunctive relief, or other appropriate remedies.
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Effective July 1, 2016.
Legislative Description
Affirmative defenses in eviction actions. Allows a tenant or a member of a tenant's household to establish an affirmative defense to an action brought by a landlord to evict the tenant or the member of a tenant's household from a rental premises if the tenant or member of a tenant's household presents evidence that the landlord's action is substantially in response to the tenant or the member of a tenant's household engaging in or causing the occurrence of at least one of the following acts within 12 months before the date the landlord brought the action: (1) Making a good
Last Action
First reading: referred to Committee on Judiciary
1/5/2016