LANDLORD/TENANT-FLOOD DISCLOSE
Summary
Amends the Landlord and Tenant Act. Requires every landlord to clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Provides that if a landlord fails to comply with such provision and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after the flood occurred, and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice. Requires every landlord who leases a lower-level unit to clearly disclose to each of the landlord's lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Provides that if a landlord fails to comply with either of the above provisions and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may: (1) terminate the lease by giving written notice to the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and (2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding. Provides a sample written disclosure.
Bill status
signed
all 4 stages cleared
Introduction
Apr 2024
Committee Review
May 2024
House Passage
May 2024
Signed into Law
Aug 2024
Introduced Apr 10, 2024
Signed Aug 2, 2024
Floor votes · House May 14, 2024
How they voted
70–39
Passed · 8 other
Total votes 117
May 14, 2024
D
Democratic77
89% Yea
R
Republican40
95% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
33
Key actions
8
Committee
8
Amendments
2
Aug 2, 2024
Signed into law
Governor Approved
lower
May 14, 2024
Lower · Passed
Passed Both Houses
lower
May 14, 2024
Lower · Passed
Third Reading - Short Debate - Passed 070-039-000
lower
May 1, 2024
Lower · Passed
Do Pass / Short Debate Housing; 011-006-000
lower
Apr 24, 2024
Committee
Assigned to Housing
lower
Apr 12, 2024
Committee
Referred to Rules Committee
lower
Apr 10, 2024
Introduced
Arrived in House
lower
Apr 10, 2024
Lower · Passed
Third Reading - Passed; 057-001-000
lower
Mar 13, 2024
Lower · Passed
Do Pass as Amended Judiciary; 007-000-000
lower
Mar 12, 2024
Lower · Passed
Senate Committee Amendment No. 1 Adopted
lower
Mar 12, 2024
Lower · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
lower
Mar 5, 2024
Committee
Senate Committee Amendment No. 1 Referred to Assignments
lower
Mar 5, 2024
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Porfirio
lower
Jan 24, 2024
Committee
Assigned to Judiciary
lower
Oct 18, 2023
Committee
Referred to Assignments
lower
2 primary · 3 co-sponsors
Sponsors
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