HBAA Legislative Alert
Home Buyer Initiative Bill Gets Favorable Report
The HBAA's Home Buyer Initiative (SB 367, Barron) was given a favorable report by the Senate's Finance and Taxation General Fund Committee this week.  Senator Lowell Barron (D-Fyffe) informed the committee that this is a huge part of an economic development plan to spur Alabama's sluggish economy.  Barron explained to the committee that the one time $6 million withdrawal from the Alabama Capital Improvement Trust fund would be combined with a one percent fee on mortgages sold under this program to leverage $1 billion in new mortgages for low to moderate income buyers.   The program is designed to reduce the current inventory of new and used homes, but cannot be used to finance new home construction.  Barron responded to questions of how the program would be managed with a detailed report on the effectiveness and stability of the programs of the Alabama Housing Finance Authority.  The HBAA thanks Senator Barron for his leadership on this important legislation on behalf of this industry.  

CALL TO ACTION:
    The Senate is required to deal with sunset legislation early in the session and will likely be handling that next week. Senator Barron is working to get the bill brought up for consideration by the Senate at the earliest opportunity which may be next week. With that possibility, the HBAA urges its members to contact their Senators and ask that they support SB 367, the Home Buyer Initiative.

Contact your Legislator TODAY!

        Use this link to find the contact information for your
senator:      
http://www.legislature.state.al.us/senate/senators/senateroster_alpha.html or call 334-242-7800 for the Senate switchboard.

Once you have spoken with your Senator, please let us know any feedback you may have received.  Also, if your Senator has specific questions that you are unable to answer, let us know (800) 745-4222 and Russell Davis (russelldavis@hbaa.org) will be happy to make contact with that Senator.
LANDLORD TENANT

The HBAA has been working with the Alabama Association of Realtors and other interested parties to negotiate new language on landlord tenant revisions.  The current language within the bill contains the following changes:

Residential Landlord-Tenant Act Amendments
The Residential Landlord-Tenant Act was passed in 2006. These are the first amendments to the Act.

1. Clarifies building codes by counties and municipalities must be the same for rental and owner occupied property.

2. Clarifies that a landlord may enter a unit to show the dwelling to prospective future tenants within 4 months of the end of the lease and schedule pest control of a unit during certain times, provided the tenant has at least 2 days notice.

3. New: An intentional misrepresentation on a rental agreement or application by either party is a breach of the rental agreement.

4. New: Attorney's fees may be awarded to either party and proof of bad faith is not required.

5. New: Provides there are certain "non curable" acts of the tenant, such as possession of illegal drugs, discharge of a firearm on the premises, and criminal assault on a tenant or guest. Therefore, the rental agreement may be terminated after 14 days of notice.

6. Clarifies the filing of a post judgment motion suspends the time for the filing of an appeal.

7. Clarifies automatic stay of execution coincides with 7-day time period for filing appeal after a judgment.

8. Clarifies the right of a tenant to be restored to the premises after a successful appeal.

The HBAA is working with the Investment Property Owners Council on additional amendments to address some concerns, such as the notice period requirements before a landlord may enter a dwelling for maintenance or to show the property to prospective tenants.

DECENTRALIZED WASTEWATER BILL
INTRODUCED
Representative Ronald Grantland (D-Hartselle) introduced HB 543 this week.  This legislation is an attempt to clarify the jurisdiction between the Alabama Department of Public Health and the Alabama Department of Environmental Management concerning decentralized wastewater permitting.  The HBAA is working to modify the bill to further define that relationship, as well as create a committee to establish construction standards for installation of these systems.   The HBAA will be meeting with various parties over the next few weeks to finalize language for substitution in committee.
 
Alabama Senate
Adjourned: 2/19/09
Convene: 2/24/09

AL House of Representatives
Adjourned: 2/19/09
Convene: 2/24/09
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