Legislative Updates

AHMA-PSW’s Affordable Housing News 07/03/19

  • AHMA-PSW NV Director Jo McNamara reports that the NV legislative session has wrapped up with the following highlights:
    • SB212 Towing (Corrects issues with 2017 SB320):  Specifies when tow operators can tow without tagging a vehicle
    • SB395 Towing:  Addresses the issue of junk/abandoned cars that tow operators have declined to pick up due to no value or ability to be paid.
    • AB266 Record Sealing (Corrects issues with 2017 AB107):  Court records will show record of evictions granted unless an action is filed to seal and granted by judge; Automatic sealing 10 days after case denial or problem with filing (Effectively, a 10 day stay); Purpose is to avoid having to refile and pay additional fees when corrections or additions to original filing are needed
    • AB74 Eviction Appeals and Consolidation:  Landlord or tenant can both appeal;  10 days to file; Court can consolidate action and complaint for expedited relief; One hearing on all items.
    • SB367 LIHTC Pets:  Provides that a LIHTC property must allow resident to keep one or more pets within residence; Domesticated bird, dog, cat, or aquatic animal, or other animal kept for pleasure and not for commercial use; Tenant to abide by Landlord’s policies.  (Sanitation/Nuisance); Law states must follow Landlord policy.
    • SB151 Landlord issues:  Primary objective to slow down the summary eviction process; Extended eviction time line; Changed method of service for ALL notices to resident; 5 Day Notice to 7 Day Notice; Must be served by Sheriff, Constable, or agent of attorney retained for evictions-Can no longer be served by staff; Changed Constable Lockout timeline-Post notice with 24 hours of receiving-Remove resident not earlier than 24 or later than 36 hours; New provisions regarding tenant notification of change in ownership; New owner can agree to transfer existing lease or terminate and enter into new lease; Cap on late charges-5% of total periodic amount-Include all regular monthly charges paid to calculate late charge amount; Suggested Resolution Agreement to collect fees and costs associated with process; Attorney clause in lease to allow request to court for prevailing party to collect costs of action.
    • SB 256 which would have had an adverse impact on Landlords was not passed. 
  •  ADOH is opening its comment period today to request input for the 2020 Qualified Allocation Plan (“QAP”). The QAP is the document which governs the allocation and use of Low Income Housing Tax Credits in accordance with Section 42 of the Internal Revenue Code of 1986, as amended.  While comments will continue to be accepted through the end of the comment period this autumn, please provide written comments by July 19, 2019 at 5:00 pm via letter or email to either of the following addresses, if you would like them to be considered when formulating the first draft of the QAP to rental-qap@azhousing.gov or Jeanne Redondo, Rental Programs Administrator, AZ Dept of Housing, 1110 W Washington St Ste 280, Phoenix, AZ  85007.
  • CA Governor Gavin Newsom and the California Legislature reached a historic $2.7 billion deal to address housing affordability. The $2.7 billion total is the largest general fund allocation for affordable housing and homelessness in California’s recent history. This includes $650 million specifically targeted to providing permanent homes, rental assistance, and navigation services to decrease homelessness. The deal also adds a combined $1 billion for the Low Income Housing Tax Credit Program (LIHTC) and the Infill Infrastructure Grant Program (IIG) to build more affordable and supportive homes.
  • Advocacy: Your AHMA-PSW Legs & Regs Committee recently drafted a letter to HUD Secretary Ben Carson addressing negative statements that he has made in the press regarding rental housing providers. The letter was approved by the Board and has been sent to Sec. Carson. The Legs & Regs Committee is currently drafting comments on HUD’s proposed rulemaking that would effectively end the ability of Mixed Immigration Status households to receive assistance. AHMA-PSW is the Voice of Quality Affordable Housing.