VIEWPOINT
State housing legislation in need of an overhaul
We all know Arkansas is known for a lot of things, both good and things we’re not particularly proud of. For instance, how many of us know that we are the seventh-largest road system in the entire United States, but just 32nd in population? That is why we’re constantly told we have a road funding problem until just recently when lawmakers raised our fuel taxes that will generate $95 million more a year. And, how many of us realize that Arkansas is the only state in the country that ensures that all the rental housing throughout the state is safe and habitable?
And it is no secret that Arkansas has been criticized by various housing groups as the worst place to rent in the entire United States in part because it lacks a warranty of habitability law.
One of the reasons for this is the fact lawmakers have been hesitant to buck the influential and powerful lobbyists representing property owners as well as the Arkansas Realtors Association.
It is a known fact that the Arkansas Realtors Association has historically opposed what is known as an implied warranty of habitability law. Let’s all face the fact that the majority of Arkansans relying upon rental housing have little to no influence in Little Rock when it comes to going up against well financed and powerful lobbyists.
With that said, it didn’t come as much of a surprise during the 2019 legislative session to hear that a bill, sponsored by Rep. Jimmy Gazaway, R-Paragould, that aimed to ensure that rental housing is safe wound up — like previous similar legislation — not getting any support. That is because historically the Arkansas Realtors Association, a very strong voice in Little Rock, has opposed warranty of habitability bills.
When Gazaway realized that after nearly two hours of testimony and presentation of the bill it was clear he was getting nowhere in convincing members of a House committee to support his measure, he basically gave up.
So, Gazaway thinks that meeting with members of the Realtors Association to adjust the bill may convince them to support his efforts but, if history has any lesson to be taught here, we highly doubt he’ll succeed in his efforts.
What Gazaway is attempting in this legislation is to insure rental units include a waterproof roof, running water and working electricity, among other things. Is that too much to expect from these Realtor landlords, or slumlords in some instances?
Gazaway made a point of telling landlords that his bills also stated that they aren’t responsible if a tenant causes damage to their property and gives tenants but it does give tenants protection from retaliation if they complain to officials about problems with the home.
Some cities, possibly West Memphis and Marion, have codes that landlords must follow, but in rural areas without codes, there is no standard for housing. We’re also told that Arkansas also doesn’t have any laws in place to protect tenants who report their landlords for code violations from retaliation such as eviction or rent increases.
It would seem only reasonable that someday there could be some type balance between the rights of tenants and the rights of landlords so some type of legislation can be agreed upon.
