AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, if a municipality or county revokes a certificate of occupancy due to a determination of substandard housing, a tenant has few options to recoup losses incurred through no fault of the tenant as a result of the revocation.
H.B. 1862 permits a tenant in this situation to recover from the landlord whose certificate of occupancy is revoked following a determination of substandard housing: the full amount of the tenant's security deposit; the pro rata portion of any rental payment that the tenant had paid in advance; the tenant's actual damages, including costs associated with relocation; and court costs and attorney's fees arising from any related litigation against the landlord.
H.B. 1862 amends current law relating to a tenant's remedies regarding a local government's revocation of a certificate of occupancy due to a landlord's failure to maintain the premises.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 92, Property Code, by adding Section 92.023, as follows:
Sec. 92.023. TENANT'S REMEDIES REGARDING REVOCATION OF CERTIFICATE OF OCCUPANCY. Provides that if a municipality or a county revokes a certificate of occupancy for a leased premises because of the landlord's failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for:
(1) the full amount of the tenant's security deposit;
(2) the pro rata portion of any rental payment the tenant has paid in advance;
(3) the tenant's actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and
(4) court costs and attorney's fees arising from any related cause of action by the tenant against the landlord.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2011.