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Fayetteville council delays new cap on rental application fees amid state-law concerns

Fayetteville City Council · December 17, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

After legal advice that the city's ordinance limiting rental application and background-check fees may conflict with Arkansas law, Fayetteville City Council voted to amend the measure and delay its effective date to March 31, 2025, while the city pursues clarifying guidance and further public input.

The Fayetteville City Council on Dec. 17 amended and delayed an ordinance that would limit how much landlords may charge prospective tenants for application reviews and background checks, citing advice from the city attorney that the rule may conflict with Arkansas law.

City Attorney Kit told council that Arkansas Code Annotated section 14-43-608 bars municipal regulation of ‘‘prices for services between individuals and firms within the city limits’’ and that the application/background-check fees at issue are likely to be treated by a court as a ‘‘service.’' Kit said the city should act to avoid a probable legal conflict and proposed repealing the ordinance; council instead approved an amendment to postpone its effective date…

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