Bill to strengthen renter's protections in Arkansas, explained

Rep. Denise Ennett (left), D-Little Rock, and Rep. Jimmy Gazaway (left center), R-Paragould, talk with Barbara Raney (center), Donna Drury (right center) and Loriee Evans (right) after an announcement by Gazaway introducing a proposal for a bill on protecting renters on Friday, Feb. 26, 2021, at the state Capitol in Little Rock. 
(Arkansas Democrat-Gazette/Thomas Metthe)
Rep. Denise Ennett (left), D-Little Rock, and Rep. Jimmy Gazaway (left center), R-Paragould, talk with Barbara Raney (center), Donna Drury (right center) and Loriee Evans (right) after an announcement by Gazaway introducing a proposal for a bill on protecting renters on Friday, Feb. 26, 2021, at the state Capitol in Little Rock. (Arkansas Democrat-Gazette/Thomas Metthe)

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A bill aiming to increase protections for Arkansas renters was filed in the General Assembly last week with the support of multiple groups.

Back up: What are renters’ protections like right now?

Arkansas is the only state in the nation without state standards for landlords’ upkeep of properties, 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. (Read more on what protections renters do have here in a story from our series Grown).

A 2007 state law also requires renters who face certain civil evictions to deposit the amount their landlords say they owe to a state court registry before a hearing in their unlawful detainer eviction cases.

If renters can't come up with the deposit, they must move out of the property while the matter goes through court, the law says.

Read more about how this law has led to evictions during the pandemic, even as the Centers for Disease Control and Prevention have halted most evictions to stem the spread of the virus.

What would the new bill do?

House Bill 1563 would create statewide standards for the upkeep of rental properties by landlords and ensure tenants get at least a hearing during eviction proceedings.

The new standards for properties would include:

• Waterproof roofing and walls

• Plumbing and heating

• Hot and cold running water

• Working locks

• Fire and carbon monoxide detectors

The new eviction proceedings process would guarantee renters a court hearing within 21 days of a complaint being filed, without having to first deposit with the court the amount they are alleged to owe.

Who supports the legislation?

State Rep. Jimmy Gazaway, R-Paragould, is the bill’s sponsor. He said he plans to announce cosponsors from both parties soon.

He said the bill also has support from groups of progressive local activists and Arkansas Advocates for Children and Families, as well as the American Association of Retired Persons and the conservative, Koch brothers-aligned Americans for Prosperity.

Who doesn’t support the legislation?

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

The Arkansas Realtors Association opposed the 2019 version of the bill, though a representative for the association did not respond to requests for comment from a Democrat-Gazette reporter Friday.

Read more about the bill here, and read about the effects of the current eviction process on tenants during the pandemic here.

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