Senators OK Rental Protections for Domestic Violence Victims
Domestic violence victims who are living with their abuser in a rental property could break their lease and leave without penalties under a bill that Nebraska lawmakers advanced March 25.
Senators advanced the measure through the first of three required votes, 42-3. The bill by Sen. John Cavanaugh, of Omaha, includes other tenant protections, such as requiring landlords to give at least 24 hours of notice before entering a tenant’s apartment.
The bill was inspired by incidents in Nebraska where women left abusive partners but were forced by their landlord to keep paying rent while their partner remained in the apartment.
It also would require the Nebraska Supreme Court to submit a report to lawmakers every six months spelling out the number of eviction proceedings initiated, the number of landlords and tenants represented by attorneys and the number of evictions granted. The data would be broken down by county, giving lawmakers a better sense of eviction trends outside of the Omaha and Lincoln areas.
A Judiciary Committee amendment clarifies that the protections proposed under LB 320 would not be available to a perpetrator of domestic violence. It also would incorporate the provisions of several additional measures, including:
• LB 45, which would repeal a provision prohibiting judges from granting continuances in eviction proceedings unless extraordinary cause is shown and accrued back rent is paid;
• LB46, which would require that summons in an eviction proceeding be conducted through methods commonly used in civil proceedings, unless otherwise authorized;
• LB 246, which would require that a civil action for possession against renters of mobile home lots follow the same procedures as those brought against renters of mobile homes, apartments, houses and other residences;
• LB 268, which would require landlords to provide written notice to each individual unit 24 hours before seeking entry; and
• LB 277, which would update the Mobile Home Landlord and Tenant act to reflect changes made in 2019 to the Uniform Residential Landlord Tenant Act.
Under an amendment introduced by Omaha Sen. John Cavanaugh, adopted 36-0, tenants could receive a first continuance by showing good cause and would be required to show extraordinary cause for any subsequent continuances. Additionally, if an approved continuance extends into a new rental period, the tenant could be required to deposit rental payments that accrue while the eviction proceeding is pending.
Lincoln Sen. Matt Hansen supported the Cavanaugh amendment, calling it a measured approach that allows tenants some flexibility while protecting landlords’ interests.
Following the 40-1 adoption of the Judiciary Committee amendment, senators voted 42-3 to advance LB 320 to select file.
This report contains material from the Clerk of the Legislature’s Unicameral Information Office.
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