RESOLUTION NO. RS2007-116

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to allow the Davidson County Register of Deeds to collect an additional recording fee to be earmarked for affordable housing initiatives.

WHEREAS, pursuant to state law, the Register of Deeds is responsible for the recording and safekeeping of all deeds, deeds of trusts, and other instruments affecting interests in real estate; and

WHEREAS, Tennessee Code Annotated § 8-21-1001 set forth the fees in which the Register of Deeds may collect for their services in registering documents; and

WHEREAS, Tennessee Code Annotated § 8-21-1001 expressly preempts any other law pertaining to the charging of fees for recording services; and

WHEREAS, the Metropolitan Government is experiencing a shortage of quality affordable housing, which is increasing the number of homeless people in the county and is taking a toll on governmental and nonprofit social services programs; and

WHEREAS, allowing the Register of Deeds to charge an additional fee to be used for affordable housing activities would be another financing source to help address this serious societal problem; and

WHEREAS, it is fitting and proper that Tennessee General Assembly take the action necessary to authorize the implementation of a reasonable additional recording fee for affordable housing initiatives.

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 introduce and enact the necessary legislation to allow the Davidson County Register of Deeds to collect an additional recording fee to be earmarked for affordable housing initiatives.

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: Charlie Tygard

LEGISLATIVE HISTORY

Referred: Budget & Finance Committee 
Introduced: December 18, 2007
Adopted: December 18, 2007
Returned Unsigned by Mayor: December 21, 2007