Friday, March 21, 1980
University Daily Kansan
5
Senator says compromise crucial for bill
A proposed self-help amendment to the Landlord-Tenant Act has no chance in the Kansas legislature until compromises are made. The Lawrence sponsor of the bill said yesterday,
The bill, introduced by State Rep. John Snyder, provides that the representatives, died in office, when the House failed to act on it by the Wednesday deadline for consideration in bills in their own state.
The proposal would have given tenants with negligent landlords a quick and affordable means of getting repairs done, according to its supporters.
Solbach, however, said that pressure by landlords was too strong. Similar proposals have failed ever year since 1975.
"We've had tremendous support for the he said. But we just haven't been able to figure out how it works, will often vote against something if they feel it's going to be difficult to explain back
THE AMENDMENT had been approved by the Legislature on Monday, Committee late last month, after being referred back to committee because of minor reversional errors made after the amendment.
Landlords, who have labored heavily against the proposal, intensified their efforts when the proposal was referred back to committee a second time.
House Majority Leader Robert Frego, who along with the speaker of the House decides what bills are acted upon on the House floor, owns several apartments in Seward County.
"The landlords just raised hell over it," Solbach said. "If we could just make a couple compromises with a few key interests, they'd walk through both houses with no problem."
Sbolach said that he had already begun to talk to landlords about possible compromises, but would not specify what concessions had been discussed.
"I think it's very possible it might pass next session," he said, "Plus, the bill will have a better chance in an off-election year."
He also said he was hopeful that a change in the House majority leaders after the November election would help the bill's chances.
UNDER THE BILL, the tenant could have repair work done at his own expense if the landlord refused to do it and the tenant's health or safety were threatened.
To be reimbursed, the tenant would have to give a receipt for the work, his next rent check and a filing fee to a district court clerk.
The clerk would deduct the cost of repairs—limited to $100 or half the rent, whichever was greater—from the rent and send the remainder to the landlord.
If the landlord objected, the tenant would have to file suit in small claims court to be reimbursed.
"The opposition is amusing to an extent." Sobach said. "I got a letter from one landlord who said that all of his units were done with water, and that all repairs were done within 24 hours.
"He said if the bill passed it would cost him thousands of dollars. These arguments are ridiculous. If he was making the proper
repairs it would never apply to him. This bill wouldn't affect most of the landlords in the state."
OPPONENTS OF THE proposal argued that the amendment was not necessary, that the Landlord-Tenant Act in its present form takes care of needed repairs.
Solbach disagreed.
"The Act doesnt set forth any particular rule that doesn't take a landlord to small court claim. At all previous court cases are unclear. The Court very much of a Cabc2-29 type situation."
Solbach said that 26 states currently have laws similar to the proposal.
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