RESOLUTION NO. RS2014-1030

A resolution supporting HB2276/SB2413 to require landlords registering in Davidson County to provide a physical address to the Codes Department, and to notify the department of a change in physical address or ownership.

WHEREAS, in 2006, the Tennessee General Assembly, enacted legislation amending the Uniform Residential Landlord and Tenant Act by creating a new T.C.A. § 66-28-107 to require landlords in Davidson County to provide the Metropolitan Codes Department with the name, address, and telephone number of the person or entity responsible for maintaining rental dwelling units, as well as the address and unit number of each rental dwelling; and

WHEREAS, the Metropolitan Codes Department began implementing the landlord registration requirement in 2007, as directed by the Tennessee General Assembly; and

WHEREAS, a number of absentee landlords currently only provide a post office box number, which makes service of process very difficult when attempting to enforce our property standards code; and

WHEREAS, HB2276 sponsored by Representative Brenda Gilmore and SB2413 sponsored by Senator Douglas Henry would modify the landlord registration provisions applicable to Metro to require landlords or their agent to provide a physical address rather than a post office box, and to notify the Codes department within 30 days if the ownership of the property changes hands; and

WHEREAS, The Metropolitan Council only has the authority to enact legislation that is consistent with the powers included in the Metropolitan Charter or granted by state law; and

WHEREAS, the General Assembly has essentially occupied the field regarding landlord regulation through the enactment of the Uniform Residential Landlord and Tenant Act, which means that the state legislation must be amended in order for the Metropolitan Government to require landlords to provide a physical address; and

WHEREAS, the Metropolitan Council desires to show support for the state legislation that would require landlords to provide a physical address and notify the Codes Department of a change in ownership.

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

Section 1. The Metropolitan County Council hereby goes on record as supporting HB2276/SB2413 to require landlords registering in Davidson County to provide a physical address to the Codes Department, and to notify the department of a change in physical address or ownership.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to the members of the Senate Commerce and Labor Committee, the members of the House Business and Utilities Committee, and to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. 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: Lonnell Matthews, Burkley Allen

LEGISLATIVE HISTORY

Referred to: Codes Committee
Introduced: March 18, 2014
Adopted: March 18, 2014
Approved: March 19, 2014
By: mayor's signature

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