Legislation and Informed Decisions

We shared earlier this week how the confused mind does nothing.  We were posting in regards to HB608 and HB1189.

We want to make sure that YOU, know what is going on, the history and have a chance to influence legislation how YOU see fit.

We want to give you the complete run down and let you make your own decisions.

Interior Inspections Independence
Indpendence passed their Rental Ready Ordinance that as far as I understand it requires a license for every rental property to be legal, in addtion to the registration fees, the owner has to hire a inspector from the city list to inspect the property.  The inspections cover a multitude of things and among them I undersand they are looking for feces on the floor and walls and clutter around the furnace and hot water heater.  How this could be a landlord issue, I have no idea.  If the home does not pass, the owner has time to get the property cleaned and repaired and have another inspection.
This is going to cost time and money and the question becomes what if the tenant says no to the inspection.  The city of Independence basically said that was our problem.  I guess we get a gun and force the inspection or we evict them, I don’t know.  Either way it sounds like a 4th Amendment Violation on the Tenants Part.
The 4th Amendment in Ohio
In the State of Ohio, the 1851 Center for Constitutional Law took a similar ordinace to their federal court and won.  The crux of the case was the “without tenant consent” that violated the Constitution.  Read More Here
Interior Inspections in Kansas
 
Our counter part in Kansas Lead by Ed Jaskinia was able to get a law passed that prohibits the interior inspections WITHOUT the conscent of the tenant.  Basically the tenant can be given an option that they want to have their home inspected by the city or not, it’s in writing and if the tenant says now, the city cannot force the inspection.  Working with Missouri Rep Gary Cross we were able to get HB 1189 introduced into the Missouri House.  We testified on behalf of 1189 in Jefferson City along with Sam Licklider from the Missouri Realtors and actually several of the Committee members we were there to speak with.  Everyone liked it except the guys in St Louis who thought it might screw up their interior inspection laws.  We were asked to exclude St Louis from the bill, we declined.
Amendments
Somehow, here I am a little  fuzzy house bill 1189 got added to HB 608 which is a bill about Vacation Rentals in Missouri – google it and you will find tons of articles some for the bill and supported by Expedia and then some against which come from the small business owners that are the vacation rental owners in Branson and at the Lake of the Ozarks.
I can’t tell anyone what they should do, I can only share the facts and ask that you reach out to your own representative in the Missouri House and Senate

House Bill 608:  Vacation Rental Legislation

We have 608, the bill to ban the banning of vacation rentals that is a total mess, very vague and a whole bevy of issues.  Lots of text, changes and contradictions. No one wants it except Expedia.  Vacation Rental Owners Don’t Like it, the Missouri Realtors don’t like it . . . yada yada yada.
House Bill 1189:  Interior Inspection Legislation
We have 1189 that everyone likes, but it seems no longer exsists as it was crammed into the beginning of 608.  This bill would probhit cities from enacting licensing laws that require an interior inspection, with out regard to the tenant’s consent.  Tenant says no, then the city can’t enforce the inspection.  Does a few other things, but this is the essence.
The Call to Action on Monday
We had the huge Call to Action from the Realtors on Monday, which I piggy backed on and asked everyone to personalize with their own thoughts on the two  It seems that from that call to action sent out by the Realtors and by MAREI that we had 761 people reach out to legislators from the point and click and I know from my records that 64 people from MAREI at least clicked through the the Action Center to potentially send an email or not.
Last Minute Back and Forth
We are down to a last minute back and forth and as of last night the realtors are not supporting HB 608 as written and amended.  Rocky Miller (a co sponsor of the bill) says the Realtors have dropped their opposistion, but the Realtors say they have not.  Although they do say if certain things happen on 608, that they would then support the bill or a future bill if it has to wait till 2018:

Message from John Sebree the CEO of the MO Realtors last night:

Missouri Realtors believe that short-term rental legislation needs to also:

  1. Clarify that no business license is needed for short-term rentals;
  2. Clarify that political subdivisions shall not enact, enforce or maintain an ordinance or law or impose a fee that expressly prohibits or has the practical effect of  prohibiting residential dwelling rentals;
  3. Ensure that owners are protected from penalties for unknowingly allowing certain individuals to occupy short-term rentals;
  4. Clarify that the ability of cities to impose zoning limitations does not allow them to use zoning to ban short-term rentals; and
  5. Needs to address the issue of lodging establishments through a “safe harbor” number of days rented.

If the Senate agrees to address the above mentioned Realtor concerns in the current or a future legislative session, Missouri Realtors would support this.

Rocky Miller says he is is going to vote for 608 as it is going to be changed to satisfy the Realtors.

The Realtor Call to action Against 608 has been taken off the table.

If the Realtors put their support behind  608, then I am pretty sure it will pass, but not sure if it will satisfy the Vacation Owner’s in Missouri . . . or even if the HB1189 section will still be in it.

I received an Invitation from Stacy Shore a Realtor and I am assuming Vacation Rental Owner here in Camdenton that they might need people to testify in the Senante in Jefferson City.  So it looks like the bill has moved to the Senate.

In Other News

Other Legislation that we had Calls to Action from Missouri Realtors

  • Opposition to Recording Fees – there were 1109 Realtors who pledged against this legislation and this was not even on our Radar.
  • SCS 493 – the bill about registering in Kansas City that now includes the whole state received 639 emails through the call to action against the bill.
  • Other Call’s to action that might be helpful:  in Missouri.