HOUSE CONCURRENT RESOLUTION NO. 33


(By Delegates Fleischauer, Marshall, Johnson,

Hines, Manchin, Houston and Faircloth)

Requesting the Joint Committee on Government and Finance to make a study of the effectiveness of present law regarding residential security deposits.

Whereas, It is in the best interests of tenants and landlords to have clear guidance in the law concerning tenants' rights to recover all or part of residential security deposits; and
Whereas, Current law does not specify the applicable procedures or regulations for holding residential security deposits in trust, for deducting the expenses for necessary repairs from residential security deposits or the time limits for returning all or portions of residential security deposits to a tenant; and
Whereas, It is in the public interest that West Virginia's laws fairly protect the interests of both tenants and landlords; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is requested to review, examine and study the laws of the state governing residential security deposits and to make recommendations to the Legislature regarding the same; and, be it
Further Resolved, That the Joint Committee on Government and Finance encourage representatives of student government and administration of the state's colleges and universities and others who represent the interests of residential tenants to assist and provide meaningful input into the study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2001, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.