Renter-rights bill finds bloc of supporters

Sponsor upbeat on passage after previous years’ defeats

A sheriff's deputy posts a final eviction notice on an apartment in this 2009 file photo.
A sheriff's deputy posts a final eviction notice on an apartment in this 2009 file photo.

State Rep. Jimmy Gazaway, R-Paragould, rolled out a coalition of support last week for his legislation that proposes to increase protections for Arkansas renters.

He hopes to build momentum for the measure after stalled efforts in previous years.

Gazaway's legislation, House Bill 1563, if enacted, would be a sweeping revision of the state's rental laws, creating statewide standards for the upkeep of rental properties by landlords, as well as ensuring that tenants would get at least a hearing during eviction proceedings.

Arkansas is the only state in the nation without such standards for landlords, known as "implied warranty of habitability," and critics contend that the state's laws make it one of the worst places for renters in the country.

Lawmakers, however, have been reluctant to support statewide standards on rental housing. Gazaway's attempt to pass warranty of habitability legislation in 2019 died in committee when it faced opposition from landlords and the Arkansas Realtors Association, which argued that the bill would increase rents.

On Friday, Gazaway announced that HB1563 had cobbled together support from groups of progressive local activists and Arkansas Advocates for Children and Families, as well as the American Association of Retired Persons and from Americans for Prosperity, a conservative political advocacy group backed by billionaire Charles Koch.

"It is, in my opinion, a moral issue," Gazaway said. "This is not a Democrat or a Republican issue, this is a basic human-rights issue."

Included in the nearly 20 pages of HB1563 are provisions requiring that landlords maintain rental properties to have at least waterproof roofing and walls, plumbing and heating, hot and cold running water, working locks and fire and carbon monoxide detectors, among other basic requirements.

The bill also rewrites much of the state's eviction codes, creating a process that guarantees renters facing eviction have a court hearing within 21 days of a complaint being filed, and without having to first deposit with the court the amount they are alleged to owe.

State Rep. Robin Lundstrum, R-Elm Springs, a professional property manager who spoke against Gazaway's 2019 bill and previous efforts run by Democrats, said Friday she had "serious concerns" about the legislation.

"This has not been a good year for landlords, with covid," Lundstrum said. "The timing is not good."

Gazaway said Friday he has already spoken with the Realtors association about HB1563, though he said he felt the group did not negotiate in good faith in 2019.

"We tried to reach a compromise last session and we worked really hard," Gazaway said. "There were points in the negotiation where I felt like we were making progress but obviously that didn't happen."

A representative for the Realtors association did not respond to requests for comment Friday.

The lack of minimum standards for rental housing in Arkansas has resulted in long-term health consequences for renters exposed to mold and pests, said Neil Sealy, an organizer with Arkansas Renters United. Other common complaints against landlords, such as a lack of carbon monoxide and fire detectors, also produce deadly outcomes, he said.

"If you can't buy a $14 carbon monoxide detector, you shouldn't be in the business anyway, frankly," Sealy said.

Both Gazaway and Sealy said that efforts by grassroots groups such as Arkansas Renters United, which has protested dilapidated conditions at several apartment complexes, have elevated public awareness of renters' issues, making it easier for lawmakers to support the legislation.

A change in the makeup of the House Insurance and Commerce Committee -- where Gazaway's bill died in 2019 -- also has the sponsor feeling hopeful, he said.

Gazaway said that bill likely faces a tougher challenge in the Senate this year. He said he is preparing to announce co-sponsors from both parties in the coming weeks.

Information for this article was contributed by Ginny Monk of the Arkansas Democrat-Gazette.

CLARIFICATION: Americans for Prosperity is a political advocacy group founded by brothers Charles and David Koch in 2004. David Koch stepped down from the group’s board in 2018 and died in 2019. The group continues to receive support from Charles Koch. An earlier version of this article referred to Americans for Prosperity as being aligned with both brothers.

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