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Judiciary committee agrees to print two landlord-tenant RSs: limits on application fees and a code reorganization
Summary
Senators voted to print RS31865C2, which would limit rental application fees to two households at a time and require fees to reflect actual costs, and RS31962, a reorganization of landlord-tenant statute that removes an archaic coverture reference.
Boise — The Senate Judiciary & Rules Committee voted to send two related pieces of draft legislation to print: an RS that would limit how many prospective renters a landlord may charge application fees for at one time and another RS that reorganizes landlord‑tenant code and removes an obsolete reference to coverture.
Senator Ali Rabii, sponsor of RS31865C2, told the committee the bill would limit landlords to charging application fees to two households at a time and require that any fee charged be related to the actual cost of processing the application, such as running a background check. Rabii said the measure includes exceptions for waiting-list affordable housing and certain student housing timelines and would not apply when a landlord does not directly receive a fee because the platform (for example, Zillow) collects it.
"By the time they got to the next month, they had submitted over 20 applications and paid over $1,000 in application fees, and they hadn't heard a single response back from a landlord," Rabii said, describing a tenant-family example she has encountered. She said she had worked with the Idaho Apartment Association, property managers and Realtors while drafting the measure and that those stakeholders were generally supportive.
Committee discussion reflected mixed views. Senator Foreman said he had received many constituent emails opposing printing and described concerns the RS could be perceived as government overreach into private business. Senator Shippey and others said printing RSs permits public consideration and voiced support for a hearing. Senator Wintrow moved to send RS31865C2 to print; Senator Ricks seconded the motion. The motion carried.
Rabii also asked the committee to print RS31962, which she described as primarily a reorganization of the landlord‑tenant statutes spread across two places in Idaho code (sponsor cited Title 55, Chapter 3 and Title 6, Chapter 3 in testimony). Rabii said the only substantive change in RS31962 is removing an antiquated legal reference to coverture — an historical doctrine that treated married women’s legal identity as subsumed by their husbands — which she and staff said appears to be the last such reference in Idaho code. "I found this was the only reference to coverture remaining in Idaho code," Rabii said. She said other language was moved but not substantively changed.
Senator Wintrow moved to send RS31962 to print; Senator Ricks seconded. The motion carried.
Why it matters: RS31865C2 targets consumer protection in a tight rental market by limiting how many applicants may be charged at once and by tying fees to cost. RS31962 is a statutory housekeeping measure intended to make landlord‑tenant law easier to read and to remove archaic language. Both RSs will be printed and, if printed, will be available for public comment and a merits hearing where testimony for and against will be received.
