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Senate committee advances bill letting National Guard members end leases on activation; landlords urge state reimbursement

STATE AGENCIES & GOVT'L AFFAIRS-SENATE · January 26, 2021
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Summary

A Senate committee approved SB 165 to extend active-duty lease-break protections to National Guard members activated for long deployments or moved by PCS. Lawmakers debated a six-month primary-residence test and a landlord urged state reimbursement for lost rent amid COVID-19 pressures.

Senator Jim Hendren presented SB 165 to the State Senate committee, saying the bill would extend to National Guard members the same protections active-duty service members now have to terminate real-estate or rental leases when activated or reassigned. Hendren said the proposal would apply when a guardsman is activated for more than 180 days, moved more than 50 miles because of a permanent change of station, or discharged after serving at least six months.

The bill prompted questions about a new definition of "primary residence" that would require a tenant to have lived at an address for at least six months in the aggregate before qualifying for the protection. Senator Garner warned that the six-month requirement could prevent a guardsman who had lived somewhere…

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