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Tuesday February 23, 2016;
As you may have heard, the “Tenant Protection Act” passed the House of Representatives today.
Originally, the bill had in it restrictions on no-cause termination, a requirement for landlords to pay relocation costs, the burden of proof on the landlord to show that the landlord did not terminate as retaliation and various other onerous provisions. These are all OUT!
What the final bill does is this:
1) Requires 90-day notice of rent increase
2) Prohibits raising rent in the first year of a month-to-month tenancy (does not effect leases you negotiate i.e. three month lease, six-month lease – you can raise rent after end of those)
3) Fixes the egress change error made in 2015 to simply say bedroom must comply with building codes at time of occupancy
4) Allows you to charge a non-compliance fee of $250 for smoking (was $50)
In addition, the companion inclusionary zoning bill only applies to new multi-family dwelling projects over 20 units in localities that decide to participate – then, incentives including property tax exemptions and abatements must apply. More on this later. The preemption on inclusionary zoning was NOT lifted – a very narrow alternative was provided for localities who choose to use it.
Considering the makeup of the legislature and the original bills drafted, the landlord groups consider this a win.