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Legislative Year: 2024 Change

Bill Detail: SB24-094

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Title Safe Housing for Residential Tenants
Status Sent to the Governor (04/23/2024)
Bill Subjects
  • Housing
House Sponsors M. Froelich (D)
M. Lindsay (D)
Senate Sponsors T. Exum Sr. (D)
J. Gonzales (D)
House Committee Transportation, Housing and Local Government
Senate Committee Local Government and Housing
Date Introduced 01/24/2024

The bill modifies existing warranty of habitability laws by
clarifying actions that constitute a breach of the warranty of habitability
(breach) and procedures for both landlords and tenants when a warranty
of habitability claim (claim) is alleged by the tenant. Updates to existing
warranty of habitability laws include:
  • Establishing time frames for when a landlord must
communicate with the tenant and commence remedial
action after having actual or constructive notice of a
condition related to the habitability of a residential
  • Requiring a landlord to perform conduct to address an
uninhabitable condition until such condition is completely
remedied or repaired;
  • Establishing a rebuttable presumption that a landlord has
failed the landlord's duty to remedy or repair a condition if
the condition continues to exist either 7 or 14 days after the
landlord has actual or constructive notice of the condition,
depending on the condition at issue in the tenant's claim;
  • Determining when a landlord is presumed to have actual or
constructive notice of a condition;
  • Requiring a landlord to provide a tenant with a comparable
dwelling unit or hotel room under certain circumstances
while the landlord addresses any uninhabitable conditions
that materially interfere with the tenant's life, health, or
  • Requiring a landlord to maintain all records, including
correspondence and other documentation, relevant to a
tenant's claim and any remedial actions taken by the
  • Establishing procedures for when a landlord may enter the
dwelling unit of a tenant to address an uninhabitable
condition and identifying circumstances when a tenant may
deny a landlord entry to the dwelling unit;
  • Clarifying certain conditions or characteristics of
residential premises that are considered uninhabitable;
  • Establishing that there is a rebuttable presumption that
certain conditions and characteristics of a residential
premises materially interfere with a tenant's life, health, or
safety; and
  • Modifying and clarifying a tenant's option for remedies
when bringing a claim against a landlord and modifying
procedures for accessing those remedies.
The bill establishes legal standards and court procedures related to
claims, including authorizing a tenant to raise a breach as an affirmative
defense against a landlord's action for possession or action of collection
against the tenant. The bill also establishes legal standards and procedures
for a landlord's defense to a claim and limitations on a tenant's claim. The
bill instructs the court in its calculation of actual and punitive damages
for breach cases.
The bill prohibits retaliation and specifies what tenant actions are
protected by the prohibition on retaliation and what actions constitute
retaliation by the landlord.
The bill clarifies the jurisdiction of the attorney general and county
and district courts over matters related to violations of the warranty of

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (02/02/2024) (most recent)  
Additional Bill Documents Bill Documents
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
Lobbyists Lobbyists
Audio [This feature is available by subscription.]  
Votes House and Senate Votes
Vote Totals Vote Totals by Party
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