SB 445

This bill creates a right-to-cure for certain tenants for certain breaches; makes

remaining on property without consent criminal trespass and provides for the

disposition of personal property left in rental property by a trespasser; authorizes a

landlord to terminate the tenancy of a tenant based on criminal activity committed

by the tenant or a member of the tenant's household; limits the authority of political

subdivisions to regulate rental units, historic properties, and signs; prohibits a local

governmental unit from making the purchase or transfer of real property or the

occupancy of residential real property contingent on whether a purchaser or other

transferee takes certain actions with respect to the property; eliminates a statutory

exception for certain local ordinances having automatic sprinkler requirements that

are stricter than the state multifamily dwelling code; and allows a towing company

to collect charges if it makes a good faith effort to notify law enforcement.

Local government

Under current law, a city, village, town, or county (political subdivision) may

regulate places, structures, or objects with special character, historic interest,

aesthetic interest, or other significant value. A political subdivision may also

designate historic landmarks and establish historic districts and may regulate the

historic landmarks or the properties within a historic district for historic

preservation purposes.

Under this bill, a political subdivision may not designate a property as a historic

landmark without the consent of the owner. Also under this bill, a political

subdivision may not require or prohibit any action by an owner of a property related

to preservation of the historic or aesthetic value of the property without the consent

of the owner.

This bill also limits the authority of political subdivisions in several respects,

including:

1. Political subdivisions may not enact an ordinance that requires that a rental

unit be inspected without a showing of good cause or be certified or registered

2. Political subdivisions may not charge a fee for an inspection other than an

inspection based on a complaint from a tenant alleging a violation of the local housing

code.

3. Political subdivisions may not impose an occupancy or transfer of tenancy

fee on a rental unit.

4. Political subdivisions may not impose a requirement or restriction based on

the informational content of a sign that is not imposed on all signs.

5. Political subdivisions may not enact an ordinance that requires a landlord

to obtain a license, certification, or registration in order to own, manage, or operate

a residential rental property unless the ordinance applies uniformly to all residential

properties, including owner-occupied properties.

Under current law, a local governmental unit is prohibited from requiring a real