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Committee advances bill expanding grounds for emergency possessory orders, keeps tenant due-process timeline
Summary
House Bill 1115 would add two new grounds that allow landlords to seek emergency possessory orders — crimes threatening others' health or safety and fraud via false information to obtain possession — and clarifies timing and standard of proof; committee amended language and advanced the bill 10-0.
House Bill 1115, presented by Representative Manning, would add two circumstances in which landlords may seek an emergency possessory order: (1) when a tenant or a tenant's guest has committed a crime that directly affects the health or safety of another tenant or a rental agent; and (2) when a tenant used identity deception, counterfeiting, forgery or other material false information to obtain possession of a unit.
Representative Manning told the committee the bill preserves the existing speedy hearing timeline and due process: courts must review a petition and schedule a hearing within three days under current law, and the bill retains that timeline. Manning said that if the court finds for the landlord, “the court shall order the tenant to return possession…
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