A RESOLUTION PROMOTING REASONABLE RENTAL APPLICATION FEES
WHEREAS, the National Black Caucus of State Legislators (NBCSL) supports the need to improve and firmly establish the rights and duties that apply to landlord and tenants and the NBCSL supports laws being established to govern the landlord-tenant relationships;
WHEREAS, such civil remedies often lead to violations relative to rental application fee requirements, due to the lack of state regulation;
WHEREAS, legislators have a responsibility to establish laws to regulate, govern, and protect landlord-tenant relationships; and
WHEREAS, cost-prohibitive rental application fees can impact potential tenants.
THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports prospective tenants being advised by the landlord or leasing agent if application/screening fee is required, and if so, the amount of the fee. Tenants should also ask if application/screening fees are refundable;
BE IT FURTHER RESOLVED, that a landlord may not charge an applicant when the landlord knows or should have known that no rental unit is available within a reasonable future time;
BE IT FURTHER RESOLVED, that a landlord may not collect or hold an applicant application/screening fee without giving the applicant a written receipt for the fee, which may be incorporated into the application form, upon request of the applicant; or use cash, or deposit an applicant screening fee until all prior applicants have either been screen and rejected, or offered the unit and declined to enter into a rental agreement;
BE IT FURTHER RESOLVED, that if a landlord accepts an applicant’s screening fee from a prospective tenant, the landlord must disclose, prior to accepting the application fee, the criteria on which the decision to rent the prospective tenant will be based; and notify the applicant within 14 days of rejecting a rental application, identifying the criteria the applicant failed to meet;
BE IT FURTHER RESOLVED, that the NBCSL recognizes the importance of landlord-tenant regulation of application fees;
BE IT FURTHER RESOLVED, that the NBCSL calls on policymakers and their membership to gain information pertaining to rental application/screening fees for each respective state and ensure collaboration with state- level departments to regulate application/screening fees.; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.
- SPONSOR: Senator Gloria Butler (GA)
- Committee of Jurisdiction: Housing and Community Development Policy Committee
- Certified by Committee Chair(s): Senator Mamie Locke (VA) and Representative Brenda Gilmore (TN)
- Ratified in Plenary Session: Ratification Date is December 2, 2017
- Ratification is certified by: Representative Gregory W. Porter (IN), President
A RESOLUTION ENCOURAGING INCLUSIONARY HOUSING PRACTICES NATIONWIDE
WHEREAS, the National Black Caucus of State Legislators (NBCSL) remains dedicated to supporting the efforts which provide and maintain housing for all Americans;
WHEREAS, United States Constitution Amendment Article X, grants the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;
WHEREAS, one of the tools used to increase the number of affordable housing units available for rent or purchase are inclusionary zoning ordinances;
WHEREAS, since the 1970s, hundreds of local jurisdictions have enacted inclusionary housing ordinances to meet their affordable housing needs;
WHEREAS, not all states have the authority to enact required inclusionary housing practices;
WHEREAS, many states have laws which require awareness and recognition of housing crises;
WHEREAS, families who pay more than 30 percent of their income in rent or mortgage payments are considered cost-burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care;
WHEREAS, an estimated 12 million renter and homeowner households now pay more than 50 percent of their annual incomes for housing; and
WHEREAS, a family with one full-time worker earning the minimum wage cannot afford the local fair-market rent for a two-bedroom apartment anywhere in the United States.
THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) hereby encourages the application of inclusionary housing practices in the development of both rental and for-purchase units;
BE IT FURTHER RESOLVED, that the NBCSL urges states and local municipalities to adopt ordinances which increase the development of affordable housing and rental units;
BE IT FURTHER RESOLVED, that the NBCSL supports programs that create affordable housing with minimal burden to developers and consumers;
BE IT FURTHER RESOLVED, that the NBCSL also supports and applauds the for-rent and for-purchase affordable housing programs that have been created in at least 42 states;
BE IT FURTHER RESOLVED, that the NBCSL recommends states to create specific reporting metrics included in their inclusionary housing programs to assess whether affordable housing is increasing concentration in high-poverty areas;
BE IT FURTHER RESOLVED, that the NBCSL strongly encourages the preservation of affordable housing in communities at risk of becoming gentrified; and
BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.
- SPONSOR: Senator Steven Bradford (CA)
- Committee of Jurisdiction: Housing and Community Development Policy Committee
- Certified by Committee Chair(s): Senator Mamie Locke (VA) and Representative Brenda Gilmore (TN)
- Ratified in Plenary Session: Ratification Date is December 2, 2017
- Ratification is certified by: Representative Gregory W. Porter (IN), President