Bill Status of HB2470 102nd General Assembly
Short Description: COVID-19 LANDLORD-RECOVER RENT
Rep. Deanne M. Mazzochi
| 3/27/2021||House||Rule 19(a) / Re-referred to Rules Committee|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Landlord and Tenant Act. Provides that if a tenant has failed to comply with the payment terms of the lease for a period of 30 days, and no eviction proceedings can be commenced, performed, or completed because of obligations imposed by a State, county, or local public health order, the lessor has an immediate cause of action against the unit of State, county, or local government that issued the order or ordinance for instituting a taking of private property for a public purpose, impairment of property, and diminution. Provides that a landlord may perfect his or her right to recover by filing documentation with the unit of government as specified. Provides that if payment of lost rent as a consequence of the order or ordinance is not made within 30 days of providing notice, from that day forward, the lessor shall have against the unit of government an automatic lien, or right of setoff, at the lessor's option, as follows: (A) For an order imposed by the State, a tax credit against income to the State of an amount equal to 85% of residential or 65% of commercial rental income lost as a consequence of the public health order. (B) For an order imposed by a county or unit of local government, a tax credit against property tax levies equal to 85% of residential or 65% of commercial rental income lost as a consequence of the public health order or ordinance. Allows the unit of government to recoup any lost revenue from the nonpaying tenant under certain circumstances. Includes applicability language.