TN APARTMENT ASSOCIATION
Legislative Update By Catie Lane Bailey, Attorney at Waller and TNAA Lobbyist The second legislative session of the 112th Tennessee General Assembly will convene at 12:00 noon (CST) on Tuesday, January 11, 2022. As the leading voice for the apartment housing industry in Tennessee, the Tennessee Apartment Association (TNAA) works to ensure that public policy does not impede but rather enhances the ability of apartment owners and operators to run their businesses and provide housing to approximately 598,000 Tennesseans. In preparation for the upcoming legislative session, TNAA is monitoring legislation and regulation in other jurisdictions around the country for issues that may be considered by our state legislature. Undoubtedly, COVID-19 policy issues will continue to be at the forefront of legislative activity. The unique nature of the rental housing industry puts apartment operators and their employees on the front lines of responding to the COVID-19 pandemic. While there has been some action taken to address the needs of the industry, more must be done at both the state and local levels to expedite rent relief to those financially impacted by the pandemic and eviction moratoria. It is also possible to see other COVID-19 related policy issues unrelated to rent relief that impact the
CATIE LANE BAILEY
Waller
landlord-tenant relationship. For instance, Senate Bill 820 by Leader Jeff Yarbro (D-Davidson County) and its companion House Bill 919 by Representative Antonio Parkinson (D-Shelby County) would prohibit a landlord from refusing to enter into a rental agreement with a prospective tenant solely based upon the tenant being previously evicted during a public health emergency related to COVID-19. While the legislation did not progress throughout the committee process during the 2021 legislative session, it is still viable to be considered in 2022. Other non-COVID-19 proposals currently pending before the Tennessee General Assembly for consideration include: • Senate Bill 814 by Leader Jeff Yarbro (D-Davidson County)/House Bill 593 by Representative John Ray Clemmons (D-Davidson County) enacting the “Tennessee Source of Income Protection and Fair Access to Housing Act” – As introduced, this legislation would prohibit a landlord from refusing to lease or rent real property to a potential tenant based solely on the person’s source of income. • Senate Bill 981 by Senator Heidi Campbell (D-Davidson County)/House Bill 690 by Representative Bill Beck (D-Davidson County) – As introduced, requires landlords to inspect vacated residential rental property for abandoned animals before permitting a subsequent tenant to take occupancy and report any abandoned animals found to animal control or a similar agency. continued on p. 17
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