Committee debates new affidavit rules for tenant terminations; concerns about evidence and retaliation

The Committee on General & Housing debated an amendment that would change affidavit requirements supporting landlord-initiated terminations for breach or activities that threaten resident health or safety.

Brian presented the amendment, saying the bill’s current affidavit language framed the landlord’s reasoning without requiring sufficient corroboration and could be out of step with judicial procedures. The proposed replacement would require an affidavit to specify the acts that justify termination, including date, time and place; indicate whether the affiant witnessed the conduct or relied on another source; and, if relying on a source, describe when the information was received and identify the source.

Members asked how the amendment would protect tenants who might be identified as sources and thus face retaliation. Debbie said witnesses in some larger buildings might not want to be identified for fear of retaliation. Other members pointed to examples in which neighbors or landlords used video evidence to document nuisance or criminal activity. One committee member said the existing language already requires “particular facts and the basis thereof” and leaves room for the tenant to file an opposing affidavit and for a judge to weigh the evidence.

The chair conducted a straw poll on the affidavit amendment; the result was recorded as a nonbinding count. Members reiterated that the committee’s decision would not be final and that judges would still resolve disputes where affidavits conflict.

The committee adjourned for lunch after the vote.