Rep. Loudermilk Reintroduces Legislation to Return Eviction Laws to the States
Washington, February 15, 2023
Rep. Barry Loudermilk (R-GA) issued the following statement after he reintroduced the ‘Respect State Housing Laws Act,’ H.R. 802:
“On numerous occasions, President Biden has indicated the pandemic is ‘over’ which means pandemic policies should be over as well. One of the policies that should end is the 30-day notice landlords must give tenants before they can begin eviction proceedings. This requirement was never meant to be permanent, and it conflicts with many state laws.
“Unfortunately, President Biden is attempting to make some pandemic policies permanent by releasing the administration’s blueprint for a ‘Renters Bill of Rights.’ This proposal would override states’ authority, place burdensome and onerous regulations on landlords, and essentially strip their ability to manage their properties as they see fit. This is not acceptable.
“Many hardworking Americans are landlords, and they rely on the income they receive from their tenants to provide for their families. If a tenant is not paying rent, as agreed, a landlord may have to turn to eviction. This bill would simply remove the federal government from the equation, and return eviction notice policies back to the states, where they should be - and were for decades before the pandemic.”
Rep. Loudermilk first introduced this legislation during the 117th Congress.
The Respect State Housing Laws Act is supported by the National Apartment Association (NAA), the institute for Real Estate Management (IREM), the National Association of Residential Property Managers (NARPM), and the National Multifamily Housing Council:
"Unnecessary and duplicative federal intrusion into complex state and local law amplifies the financial and operational challenges housing providers of all sizes face. With ninety-one cents of each rent dollar paying the bills that keep rental housing operational, prolonged disturbances to standard operating procedures have major implications. On behalf of the nation’s rental housing providers, NAA thanks Rep. Loudermilk for recognizing this adverse impact and again introducing the ‘Respect State Housing Laws Act’ to help restore balance and normalcy to rental housing operations." – Bob Pinnegar, NAA President and CEO
"We appreciate and support Rep. Loudermilk for introducing the ‘Respect State Housing Laws Act,’ which will remove the federal government from the eviction notice process and return these policies back to the states, where they were before the pandemic. Building owners and managers should not be burdened by arduous regulations that prevent efficient property operations.” - Renee Savage, IREM’s 2023 President, CPM®, CCIM, SavageCRE, Inc., San Diego, CA
"For professional housing providers, eviction is always a last resort. The housing industry cannot continue to manage properties successfully with sustained losses of rental income from continued delays of legitimate evictions. This is particularly challenging for small business owners and those landlords who own as few as one or two rental properties. We thank Representative Loudermilk for his leadership on this issue and for his introduction of the ‘Respect State Housing Laws Act’.” - Tim Wehner, NARPM President
“Throughout the pandemic and its aftermath, housing providers and their residents have navigated immense challenges that are only worsened by federal intervention. The legal process for addressing lease violations and non-payment of rent is well established at the state and local levels. Evictions are detrimental to both housing providers and residents. Federal oversight is not only unnecessary, but it causes confusion that ultimately harms residents and housing providers alike and limits housing affordability and availability.” - Sharon Wilson Géno, President, National Multifamily Housing Council
Included in the CARES Act is a provision that requires landlords to provide tenants with thirty days' notice before a landlord can begin an eviction proceeding. This eviction notice requirement was supposed to be a one-time grace period when the eviction moratorium ended; but a drafting error caused the 30-day notice requirement to remain in law permanently. This overrides state eviction notice laws, which, on average, are eight days. The Respect State Housing Laws Act would return housing policies back to the states, where they should be.