The legislative season is a wrap. Here are some updates as it relates to Landlord Tenant Law. I’ll update you on other legislation that impacts investors in a later post.
HB 4120 Allows Landlords to Convert Multifamily Properties to Nonsmoking with 180 Days’ Notice
This bill protects the rights of both tenants and landlords by authorizing landlords to establish a nonsmoking policy in multifamily rental units and indoor common areas. Landlords must provide tenants with at least 180 days’ advance written notice before implementing the policy change.
Any landlord who adopts a nonsmoking policy is required to designate at least one area on the property where smoking is permitted.
SB 1523 Regulates Access to Common Areas and Requires Acceptance of Various Forms of Payment
This bill requires landlords to provide rental application forms by means other than a “tenant portal” when requested by an applicant or current tenant under certain circumstances.
It prohibits landlords from requiring tenants to make payments exclusively through a tenant portal, credit card, or other electronic means. The bill also requires landlords to grant tenants and applicants non-portal access to common areas. Landlords may, however, charge tenants a fee to cover payment processing costs when tenants choose to pay by credit card or through the tenant portal.
SB 1576 Requires Heightened Accessibility Standards for Units in Publicly Subsidized Multifamily Housing
This bill requires new multifamily dwellings that receive state subsidies to meet stricter accessibility standards. Specifically, the units must comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and its implementing regulations.
In practice, this will result in more “Type A” accessible units. These units provide a higher and more immediate level of accessibility, including features such as 32-inch clear doorways and specific knee clearance under kitchen counters for wheelchair users.
As originally drafted, the bill would have applied to all new multifamily units. However, it was amended during stakeholder negotiations to apply only to publicly subsidized units.