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Senate committee approves bill creating baseline residential quality standards, but tenant advocates say it doesn't go far enough

INSURANCE & COMMERCE - SENATE · April 8, 2021
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Summary

Senate Bill 594, which sets minimum residential habitability standards and a tenant notification/repair process, passed the committee 5–4. Supporters call it a first step; tenant advocates and some senators said it lacks anti‑retaliation protections, remedies other than moving out, and guaranteed smoke/CO detector requirements.

The Senate Insurance & Commerce Committee on Thursday approved Senate Bill 594 by a 5–4 roll‑call vote after extended testimony from tenant groups, landlords and city advocates. The bill creates a statutory list of baseline residential quality standards — including hot and cold running water, electricity, potable water, sanitary sewer, functioning roof and building envelope, and functioning heating/cooling where such systems serve the premises at the time of lease — and establishes a process for tenants to notify landlords of defects.

Sponsor Senator Dismang said the measure is an attempt to reach common ground after years of stalled efforts to adopt an implied warranty of habitability in Arkansas. He told the committee the bill allows tenants to install smoke and carbon monoxide detectors and prevents landlords from contracting to waive the statute’s protections.

Tenant advocates testified they could not support the bill as drafted. Caleb Alexander McKenzie of Arkansans for Stronger Communities said the measure leaves tenants with only one meaningful remedy — to move out — and lacks anti‑retaliation protections and a right to repair or receive rent credits. McKenzie said Arkansas remains the only state without an implied warranty of habitability and warned the bill would leave vulnerable renters with little recourse.

Landlords and some landlords’ groups urged caution about requirements that could impose liability for tenant actions (for example, tenants removing detector batteries or causing infestations). Several landlords said the bill preserves flexibility for low‑rent housing where tenants do repairs in exchange for lower rent.

After debate, Senator Dismang moved the bill; a roll call recorded a 5–4 committee vote to pass SB594. Senator Elliott and other opponents said they supported stronger protections but voted no, arguing Arkansas can and should adopt a broader warranty of habitability.

What’s next: SB594 advances to the Senate calendar. Advocates signaled they will push for further changes in later sessions or floor consideration.