Lawmakers focusing on rights of renters

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Lawmakers focusing on rights of renters

By JOHN S. ADAMS Tribune Capitol Bureau • December 17, 2008

Great Falls Tribune - Great Falls,MT,USA

http://www.greatfallstribune.com/article/20081217/NEWS01/812170311

HELENA — Two Montana lawmakers are spearheading an effort to

improve legal protections for renters through a series of proposed

bills.

Rep. Deborah Kottel, D-Great Falls, announced at a press conference

Tuesday at the Capitol that she is sponsoring three measures

designed to improve the rights and safety of Montana's nearly

250,000 renters.

" The role of law is to establish a balance between rights and

duties. Nowhere is this more important to establish this balance

than the fundamental area of shelter, " Kottel said in a speech in

the Capitol rotunda.

Kottel and Sen. Ron kson, D-Missoula, plan to introduce a total

of five bills this session to update the 1977 Montana Residential

Landlord and Tenant Act, and codify the responsibility of landlords

to ensure safe living conditions for renters.

The 90-day 61st Legislative Assembly begins Jan. 5.

Of the 371,954 occupied housing units in the state, 112,989, or

about 30 percent, are occupied by renters, according to the U.S.

Census Bureau's 2007 American Community Survey estimates.

Denver , of the Associated Students of the University of

Montana Off Campus Renter Center, said renters significantly

contribute to the state economy. He added they also contribute to

the state tax base because their rent payments are calculated to

include property taxes.

" There is no statewide organization that advocates on renters'

behalf, and they have virtually no lobbying presence in Helena, "

said.

He said the 1977 law needs to be updated to reflect the modern day

realities facing Montana renters.

Kottel is proposing the Montana Healthy Homes Act, which would amend

state mold disclosure requirements to provide increased protection

against water contamination that can lead to mold growth.

According to the bill's supporters, the amendment adds language

requiring landlords to demonstrate a good faith effort to keep their

buildings in compliance with existing moisture control provisions of

the state building code.

A second mold-related bill, the Mold Test Act, seeks $25,000 in

state funding for the Department of Public Health and Human Services

to supply mold test kits to low-income tenants who may be at greater

risk of mold exposure.

Kottel's third bill, the Potable Water Act, requires landlords who

provide water to tenants through a private source, such as a well,

to test for contaminants annually, and provide the results of those

tests to tenants.

" A person's residence should not be poisonous to their existence, "

Kottel said. " Your home should not put the health of your children

at risk. "

kson is proposing changes to the state tenant-landlord laws that

would clarify language regarding a landlord's responsibility to

provide " reasonable heat " to tenants. According to ,

kson's bill doesn't strike any existing codes, it just clarifies

existing language and defines " reasonable heat " as " the capacity to

heat the dwelling unit to a minimum of 70 degrees (Fahrenheit), "

between Oct. 1 and May 1.

That bill also requires landlords to disclose all lease documents

and put any lease renewal in writing.

kson's other proposed measure authorizes courts to award up to

three times the amount of damages for wrongfully withholding

security deposits. Under the current law, courts are limited to

awarding court costs and attorney fees in addition to any refunded

deposits if a landlord is found to have wrongfully withheld a

security deposit.

said the amendment will encourage landlords and renters to

settle contested cases out of court, thereby decreasing the amount

of pointless litigation cluttering the dockets of the lower courts.

" Landlord-tenant issues are the fourth-most-common complaint filed

in the courts of limited jurisdiction, " said. " According

to the 2007 case summary, 2,077 landlord tenant cases were filed

last year across the state of Montana. "

said providing incentives to landlords to refund security

deposits will curb abusive behavior, strengthen landlord reputations

and improve the quality of landlord-tenant relationships.

Reach Tribune Capitol Bureau Chief S. at 442-9493, or

jadams@...

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