A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to require sellers of residential real property to disclose hazardous and environmental concerns about the area surrounding the property as part of the Residential Property Disclosure Statement.

WHEREAS, Tenn. Code Ann. § 66-5-202 requires sellers of residential real property to provide the purchaser with a property disclosure statement regarding the condition of the property; and

WHEREAS, as part of the Residential Property Disclosure Statement, Tenn. Code Ann. § 66-5-210 requires the property owner to disclose substances or materials that may be an environmental hazard, such as asbestos, lead-based paint, and contaminated soil or water on the property; and

WHEREAS, Tenn. Code Ann. § 66-5-210 further requires the seller of the property to disclose whether a landfill is located on the property or whether there are flooding or drainage problems on the property; and

WHEREAS, environmental and hazardous conditions within the area where the residential property is located, but not on the property itself, also negatively impact the health and quality of life of the residents in the area; and

WHEREAS, purchasers of residential property may not know about hazardous conditions in the area such as landfills, rock quarries, stormwater runoff issues, and wildlife concerns, prior to purchasing the property; and

WHEREAS, requiring property owners to disclose such hazardous and/or environmental conditions to prospective purchasers would help the buyers make a better informed decision about whether living in the area is in the best interest of their family.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to require sellers of residential real property to disclose hazardous and environmental concerns about the area surrounding the property as part of the Residential Property Disclosure Statement. Such disclosure should include, but not be limited to, (1) whether the property is located within two miles of a landfill or rock quarry; (2) whether the area frequently experiences stormwater runoff and flooding issues; and (3) whether the area is negatively impacted by wildlife.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Brenda Gilmore