SB590 H JUD AM #1 3-8 as amended
Valentino 3133
The Committee on the Judiciary moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:
article 6. landlord and tenant.
§37-6-5a. Recovery residences.
(a) The purpose of this section is to create one pilot program in Cabell County to study the uniqueness of recovery residences as they relate to landlord-tenant law and determine an equitable resolution when circumstances arise which bring about an unanticipated cessation of an individual’s participation in a recovery residence’s program.
(b) For the purposes of this section:
(1) “Recovery residence” has the meaning ascribed in §16-59-1(4) of this code.
(2) “Residence agreement” means an agreement between an individual residing in a recovery residence and the recovery residence.
(3) “Resident” means a person residing in and receiving services from a recovery residence.
(c) A recovery residence in the pilot county may immediately discharge a resident without filing a petition for summary relief for wrongful occupation of residential rental property for any of the following reasons:
(2) Sexual misconduct;
(3) Any crime of violence against a person or threat of crime of violence against a person;
(4) Any conduct which jeopardizes the safety of another resident; or
(5) A violation of a written residence agreement entered into at the onset of the resident’s admittance into the recovery residence.
(d) If a recovery residence in the pilot county seeks to discharge a resident for a reason not enumerated in subdivisions (1) through (5), subsection (c) of this section, the resident is entitled to the due process and protections afforded a “tenant” as that term is defined in §37-6A-1 of this code; the recovery residence shall be treated as a “landlord” as that term is defined in §37-6A-1 of this code; and the recovery residence shall be required to proceed against the resident under §55-3A-1 of this code with the filing of a petition for summary relief seeking removal of the resident for wrongful occupation of residential rental property.
(e) If a resident is discharged, evicted, or otherwise removed from a recovery residence in the pilot county prior to the expiration of the time period for which he or she has previously paid rent or any other fee for residency or services, the recovery residence shall issue a refund of the rent or fee to the discharged resident in an amount prorated, on a per diem basis, to account for the remainder of that time period.
(f) If requested by the resident, a recovery residence in the pilot county shall first apply any refund required by subsection (e) of this section to costs related to placing the resident in a higher level care facility or transferring the resident to another recovery residence: Provided, That if the resident does not request to be placed in a higher level care facility or does not request to be transferred to another recovery residence, within 72 hours of a resident’s discharge, eviction, or removal, the recovery residence shall issue any refund due to a resident: Provided, however, That if the rent or fee moneys were paid by a third party on behalf of the resident, any refund required by subsection (e) of this section shall be issued directly to the third-party payor within 72 hours of a resident’s discharge, eviction, or removal.
(g) If a resident was transported by the recovery residence in the pilot county from any location outside the state of West Virginia and is discharged, evicted, or otherwise removed from the recovery residence, the recovery residence shall provide transportation to the location from which the resident was initially transported to the discharged, evicted, or otherwise removed resident, at the expense of the recovery residence.
(h) If the resident is discharged, evicted, or otherwise removed prior to the expiration of the time period for which he or she has previously paid rent or any other fee for residency or service, the recovery residence in the pilot county shall report non-identifying resident information regarding the reason for the early discharge, eviction, or removal of the resident to the West Virginia Department of Health and Human Resources, Office of Drug Control Policy.
Article 6A. Residential Rental Security Deposits.
§37-6A-5. Landlord's noncompliance.
(a) If a landlord fails to comply with any of the
provisions of this article, and such the noncompliance is willful
or not in good faith, the tenant is entitled to a judgment for:
(1) The amount of any unreturned security deposit; and
(2) Damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half times the amount wrongfully withheld, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to any amount awarded to the tenant pursuant to this subsection to be credited against any rent due to the landlord: Provided, That if an individual is residing in a recovery residence in the pilot county established under the provisions of §37-6-5a, the recovery residence is required to comply with the provisions of this article, and if the recovery residence’s noncompliance is willful or not in good faith, the court shall also award reasonable attorney’s fees.
(b) Jurisdiction for any civil action brought pursuant to
this article shall be in magistrate court or circuit court in the county
where the residential rental premises or units are located.
(c) This section does not limit rights or remedies available to a landlord or tenant under any other law.
chapter 55. actions, suits, and arbitration; judicial sale.
article 3a. remedies for wrongful occupation of residential rental property.
§55-3A-1. Petition for summary relief for wrongful occupation of residential rental property.
(a) A person desiring to remove a tenant, including
a resident of a recovery residence in the pilot county established under the
provisions of §37-6-5a who is discharged for a reason other than those
enumerated in §37-6-5a(c)(1) through (5) of this code, from residential
rental property may apply for such relief to the magistrate court
or the circuit court of the county in which such the
property is located, by verified petition, setting forth the following:
(1) That he or she is the owner or agent of the owner and as such has a right to recover possession of the property;
(2) A brief description of the property sufficient to identify it;
(3) That the tenant is wrongfully occupying such
the property in that the tenant is in arrears in the payment of rent,
has breached a warranty or a leasehold covenant, or has deliberately or
negligently damaged the property or knowingly permitted another person to do
so, and describing such arrearage, breach, or act or omission; and
(4) A prayer for possession of the property.
(b) Previous to the filing of the petition the person
shall request from the court the time and place at which the petitioner shall
be heard. The court shall fix a time for such the hearing, which
time shall not be less than five nor more than 10 judicial days following such
the request.
(c) Immediately upon being apprised of the time and
place for the hearing, the petitioner shall cause have a
notice of the same to be hearing served upon the tenant in
accordance with the provisions of Rule 4 of the West Virginia Rules of Civil
Procedure or by certified mail, return receipt requested. Such The
notice shall inform the tenant that any defense to the petition must shall
be submitted in writing to the petitioner within five days of the receipt by
the tenant of the notice, and in no case later than the fifth day next
preceding the date of hearing. Upon receipt of the return of service or the
return receipt as the case may be, evidencing service upon the tenant, the
petitioner shall file with the court his or her petition and such proof
of service.
Adopted
Rejected