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HB23-1254

Habitability of Residential Premises

Concerning the conditions covered under the warranty of habitability for residential premises, and, in connection therewith, specifying a landlord's requirements to remediate a residential premises that is damaged due to an environmental public health event, expanding what constitutes retaliation by a landlord, and describing situations in which a tenant may terminate a lease after the premises has been damaged due to an environmental public health event.
Session:
2023 Regular Session
Subject:
Housing
Bill Summary

The bill expands conditions covered under the warranty of habitability for residential premises in relation to indoor air quality, water quality, and other health and safety issues. The bill adds water damage, fire damage, and damage due to a natural or an environmental event as conditions under which a residential premises is deemed uninhabitable to include damage due to an environmental public health event .

The bill requires a landlord to have a residential premises inspected and tested by a certified industrial hygienist or an industrial hygienist to determine if the premises is safe for habitability remediated to a condition that complies with applicable standards for the remediation and clean-up of residential premises after damage due to an environmental public health event . The bill also clarifies landlord responsibilities in remediating a residential premises to a habitable standard and how a tenant must give notice to a landlord if there are habitability issues with the tenant's residence.

The bill directs the executive director of the department of public health and environment to establish health and safety standards for habitability by January 1, 2026.

The bill prohibits a landlord from retaliating against a tenant for making a good faith complaint about the conditions of the residential premises and provides conditions by which a tenant may terminate a lease if a habitability issue is not remediated.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text

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