SB0814112th GA (Historical)Introduced

Amends TCA Title 66, Chapter 28.

This bill prohibits a landlord, based solely on a person's source of income, from: (1) Refusing to lease or rent real property to the person; (2) Expelling a person from any real property; (3) Making any distinction, discrimination, or restriction against a person in the price, terms, conditions, or privileges relating to the rental, lease, or occupancy of real property or in the furnishing of any facilities or services in connection with the real property; (4) Attempting to discourage the rental or lease of any real property to a person; (5) Assisting, inducing, inciting, or coercing another person to commit an act or engage in a practice that violates this bill; (6) Coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section; (7) Denying access to, or membership or participation in, any multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of renting real property, or discriminate against any person in the terms or conditions of the access, membership, or participation; (8) Representing to a person that real property is not available for inspection or rental when the real property in fact is available for inspection or rental; or (9) Otherwise making unavailable or denying a dwelling to a person. This bill authorizes the department of economic and community development to levy a civil penalty of up to three times the monthly rent for a violation of the above. This bill states that it does not prohibit a landlord from: (1) Refusing to lease or rent real property to a person: (A) Based upon the past conduct of a prospective renter or prospective lessee provided the refusal to lease or rent based on past conduct is consistent with local, state, and federal law; or (B) Based upon the prospective renter's or prospective lessee's inability to pay rent, taking into account the value of the prospective renter's or prospective lessee's local, state, and federal housing assistance, provided the refusal to lease or rent based on inability to pay rent is consistent with local, state, and federal law; (2) Using the landlord's regular screening criteria regarding tenant history, such as criminal background checks or credit histories; (3) Charging a security deposit, as long as the security deposits are similar to deposits required by other renters; (4) Requiring rent to be paid in a timely manner under the terms of the agreement; (5) Including property damage mitigation terms in a lease; or (6) Charging regular market rates. The department will collaborate with the Tennessee housing development agency to enforce this bill. Among other duties, the department and agency must collect, investigate, and remedy complaints under this bill and create a report annually that contains the number of complaints, the resolutions of the complaints, an analysis of the effectiveness of this bill's implementation, and any recommendations to the general assembly for improvements to this bill. This bill requires the department to promulgate rules for a complaint process and other necessary rules to implement this bill. In addition to the complaint process developed by the department, a person who alleges discrimination in violation of this bill may seek injunctive relief in a court of competent jurisdiction. Under this bill, a person who is successful in seeking injunctive relief may be awarded court costs and attorney fees. For purposes of this bill, "source of income" includes alimony, disability benefits, or any form of federal, state, or local public assistance or housing assistance, including Section 8 vouchers.

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Overview

This bill prohibits a landlord, based solely on a person's source of income, from: (1) Refusing to lease or rent real property to the person; (2) Expelling a person from any real property; (3) Making any distinction, discrimination, or restriction against a person in the price, terms, conditions, or privileges relating to the rental, lease, or occupancy of real property or in the furnishing of any facilities or services in connection with the real property; (4) Attempting to discourage the rental or lease of any real property to a person; (5) Assisting, inducing, inciting, or coercing another person to commit an act or engage in a practice that violates this bill; (6) Coercing, intimidating, threatening, or interfering with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section; (7) Denying access to, or membership or participation in, any multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of renting real property, or discriminate against any person in the terms or conditions of the access, membership, or participation; (8) Representing to a person that real property is not available for inspection or rental when the real property in fact is available for inspection or rental; or (9) Otherwise making unavailable or denying a dwelling to a person. This bill authorizes the department of economic and community development to levy a civil penalty of up to three times the monthly rent for a violation of the above. This bill states that it does not prohibit a landlord from: (1) Refusing to lease or rent real property to a person: (A) Based upon the past conduct of a prospective renter or prospective lessee provided the refusal to lease or rent based on past conduct is consistent with local, state, and federal law; or (B) Based upon the prospective renter's or prospective lessee's inability to pay rent, taking into account the value of the prospective renter's or prospective lessee's local, state, and federal housing assistance, provided the refusal to lease or rent based on inability to pay rent is consistent with local, state, and federal law; (2) Using the landlord's regular screening criteria regarding tenant history, such as criminal background checks or credit histories; (3) Charging a security deposit, as long as the security deposits are similar to deposits required by other renters; (4) Requiring rent to be paid in a timely manner under the terms of the agreement; (5) Including property damage mitigation terms in a lease; or (6) Charging regular market rates. The department will collaborate with the Tennessee housing development agency to enforce this bill. Among other duties, the department and agency must collect, investigate, and remedy complaints under this bill and create a report annually that contains the number of complaints, the resolutions of the complaints, an analysis of the effectiveness of this bill's implementation, and any recommendations to the general assembly for improvements to this bill. This bill requires the department to promulgate rules for a complaint process and other necessary rules to implement this bill. In addition to the complaint process developed by the department, a person who alleges discrimination in violation of this bill may seek injunctive relief in a court of competent jurisdiction. Under this bill, a person who is successful in seeking injunctive relief may be awarded court costs and attorney fees. For purposes of this bill, "source of income" includes alimony, disability benefits, or any form of federal, state, or local public assistance or housing assistance, including Section 8 vouchers.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 9, 2021

Subjects
397548234780232023051515

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