Advocates for the millions of tenants in the state say the balance with landlords is out of whack.

A bill to bring Arkansas in line with the rest of the country when it comes to renters and their rights is being revised by its sponsor after facing challenges by a legislative committee. Advocates for the millions of tenants in the state say the balance with landlords is out of whack.

“These minimum standards that I set forth, quite frankly, I do not believe are too much to ask of a landlord in 2019 in the United States of America,” said state Rep. Jimmy Gazaway (R – Paragould) presenting HB1410 to the House Insurance & Commerce Committee. “I think ultimately what we want to do and the only fair thing to do is to try to achieve a fair balance for both landlords and tenants in Arkansas. I don't believe that's where we currently are.”

THV11 has been tracking the plight of renters in Arkansas, where experts say a top priority for reform is getting a “warranty of habitability” on the books. They represent a legal framework of the basics that need to be in place when parties sign a lease agreement. HB140 calls for a rental unit to be sound, weatherproofed, have working plumbing and water and working smoke and carbon monoxide detectors.

More than a dozen speakers said too many times even that isn't in place.

“This is a basic necessity that you need to live,” said Valencia White of Little Rock, in her first time ever feeling moved to speak to lawmakers. “Your health depends on this. Would you live in a house that doesn't have a roof? Have a floor? Doesn't have walls?”

“Asthma, allergies, eczema, injuries from unsafe living conditions are seen by pediatricians all over the state on a daily basis,” said Dr. Joselin Niemeyer, a pediatrician who told the committee about the health problems see blames on unlivable rental housing.

Landlords say building codes and basic agreements get the job done and their supporters on the committee appeared to question whether the bill would set a new set of standards that create new reasons for renters to sue.

“So now the landlord is going to have to go to court and hire an attorney to prove hardship?” said Rep. Deborah Ferguson (D – West Memphis) who indicated she owns rental properties and pointed to a part of the bill that landlords wouldn’t be on the hook for repairs that came from unforeseen circumstances that would be too costly to fix. She pressed Gazaway his bill appears to make them have to prove that in court. Gazaway and legal housing expert professor Lynn Foster said those instances would be and are exceedingly rare.

Gazaway met with realtors and property owners last week, making changes and amendments to please them, but the committee wants to hear even more and urged the second-term rep to put off voting on the bill for now.

“There's a very strong lobby in mind the realtors and the landlords association,” Gazaway said while planning to bring the revised measure back next week. “Many of the tenants in this state don't have the financial wherewithal to make a concerted effort at the Capitol.”