Amends TCA Title 4, Chapter 3, Part 12; Title 40; Title 41, Chapter 4; Title 41, Chapter 8; Title 49, Chapter 11; Title 49, Chapter 8; Title 55, Chapter 50 and Section 62-76-104.

This bill provides that:<br /> <br /> (1) In any proceeding on a claim against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, a landlord will not be liable based solely upon the fact that the person has been previously convicted of a criminal offense; and<br /> <br /> (2) In a cause of action against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, evidence that the person has been previously convicted of a criminal offense is not admissible.<br /> <br /> This bill further provides that the above provisions will not apply when:<br /> <br /> (1) The landlord knew or reasonably should have known of the person's prior conviction for a criminal offense; and the person was previously convicted of a violent offense or a violent sexual offense; or<br /> <br /> (2) (A) The person, after renting, leasing, or otherwise accepting housing opportunities, subsequently demonstrates that the person poses a danger to the community or is convicted of a felony;<br /> <br /> (B) The person is allowed to continue renting, leasing, or otherwise using housing opportunities after the demonstration of danger or the conviction of a felony;<br /> <br /> (C) The plaintiff proves by a preponderance of the evidence that the landlord had actual knowledge that the person was dangerous or had been convicted of a felony; and<br /> <br /> (D) The landlord, after having actual knowledge of the person's demonstration of danger or conviction of a felony, was willful in allowing the person to continue to rent, lease, or otherwise use housing opportunities.<br /> <br /> This bill specifies that it does not create a cause of action or expand an existing cause of action.<br /> <br /> Present law provides that in order for legislation enacted by the general assembly to create or confer a private right of action, the legislation must contain express language creating or conferring the right. In the absence of such express language, a court, licensing board, or administrative agency is prohibited from construing or interpreting a statute to impliedly create or confer a private right of action except as otherwise provided in these provisions.<br /> <br /> This bill provides that the above-described present law provisions apply to this bill.<br /> <br /> ON APRIL 8, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1064, AS AMENDED.<br /> <br /> AMENDMENT #1 changes the circumstances under which this bill will not apply from those described in the Bill Summary to when:<br /> <br /> (1) The landlord had actual knowledge of the person's prior conviction for a violent offense or a violent sexual offense; or<br /> <br /> (2) The landlord, having actual knowledge of the person's commission of a violent offense or a violent sexual offense after the beginning of the person's tenancy, was willful in allowing the person to continue to rent, lease, or otherwise use housing opportunities.<br /> <br /> This amendment also extends immunity from civil liability under this to employees and agents of the owner, lessor, or sublessor.<br />