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Fayetteville City Council votes to repeal ordinance that limits rental application fees
Fayetteville City Council votes to repeal ordinance that limits rental application fees

Yahoo

time05-03-2025

  • Business
  • Yahoo

Fayetteville City Council votes to repeal ordinance that limits rental application fees

FAYETTEVILLE, Ark. (KNWA/KFTA) — The Fayetteville City Council votes on March 4 to repeal its ordinance limiting rental application and background fees to $40. The city council voted 7-1 to repeal Ordinance 6800. Fayetteville city attorney Kit Williams and Arkansas Attorney General Tim Griffin said that the ordinance 'likely' violated state code. A bill filed in the Arkansas legislature on Jan. 23 by Sen. Clint Penzo (R-Springdale) aims to limit local governments' control over rent and rental deposit fees. The bill passed the Arkansas Senate and has been sent to the House. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Fayetteville City Council member sponsoring ‘Truth In Leasing' ordinance
Fayetteville City Council member sponsoring ‘Truth In Leasing' ordinance

Yahoo

time27-02-2025

  • Business
  • Yahoo

Fayetteville City Council member sponsoring ‘Truth In Leasing' ordinance

FAYETTEVILLE, Ark. (KNWA/KFTA) — Fayetteville City Council member Sarah Moore isn't giving up on getting an ordinance passed related to rental fees and costs. After Ordinance 6800 — which was passed by the council but is now in the process of getting repealed — Moore has sponsored the 'Truth in Leasing' ordinance, which would require disclosure of rental fees and costs for leased residential properties in the city of Fayetteville. Moore said this ordinance, among other things, would establish a good preliminary relationship between a landlord and tenant. 'Whenever we are providing all the monthly recurring charges up front, as well as any charges that might exist at the property, I think that it removes a lot of ambiguity,' Moore said. Fayetteville rental cap fee ordinance 'likely' violates state code The ordinance would require landlords to disclose the costs of the following, but not limited to rent, security deposit, application and background check fees, maintenance fees, utility costs, pet fees, parking fees, late fees and administrative, leasing or miscellaneous fees. The 'Truth in Leasing' ordinance was introduced in Tuesday's agenda session. It will be heard by the city council for the first time at the next meeting on March 4. Fayetteville city attorney Kit Williams said he is still reviewing the ordinance to make sure it doesn't break the law. He said the potential issues lie in 'compelled speech' — which is when governments require private entities to label their products — and the feasibility of listing out every single potential cost. Fayetteville city council tentative agenda, Feb. 25, 2025Download 'If you're advertising on an electronic forum that a lot of renters do now, that probably gives the landlord more free bandwidth to put that information in,' Williams said, 'as opposed to if they were having to pay for an advertisement in a newspaper.' Moore said this is just one step in trying to help tackle the ongoing housing crisis in Fayetteville, which was first declared in April 2024. She said the top priority is improving the 'quality of life for all of our residents' by having enough available units not only now but in the future, as well. She said this can be addressed by creating policies to help lower-income people find housing, while also giving seniors available options to downsize from their home as they age — the latter giving a 'different-sized family' the chance to move into the 'more appropriate' place. This ordinance, Moore said, would help potential renters properly budget during their hunt for housing. 'They get to make a decision about, 'I only have $100 extra this month that I can eke out of my budget, and these application fees are $50 each,'' Moore said. ''I need to apply for multiple properties.'' Moore said you can reach out to her, or any of the council members, at the provided contact information on the city of Fayetteville's website with questions or feedback regarding the ordinance or ongoing housing crisis. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

City attorney says Fayetteville rental fee cap ordinance ‘likely' violates state code
City attorney says Fayetteville rental fee cap ordinance ‘likely' violates state code

Yahoo

time29-01-2025

  • Business
  • Yahoo

City attorney says Fayetteville rental fee cap ordinance ‘likely' violates state code

FAYETTEVILLE, Ark. (KNWA/KFTA) — The Fayetteville City Council will likely have to repeal an ordinance it passed in October to help combat the ongoing housing crisis. Fayetteville city attorney Kit Williams and Arkansas Attorney General Tim Griffin agree that Ordinance 6800, which limits rental application and background check fees to $40, 'likely' violates Arkansas state code. Municipalities can't 'regulate prices for goods, rentals, or services sold or performed within the municipality by individuals or firms,' A.C.A. § 14-43-608 states. ''Services' is a very, very broad term,' Williams said. 'I believe that the courts would very likely say that reviewing an application is a service that the landlord's providing to the tenant, and, therefore, we cannot regulate the cost of that.' Fayetteville City Council cuts costs associated with renting The city could be sued if it doesn't repeal the rental application and background check fee ordinance, Williams said. State Sen. Clint Penzo of Springdale filed Senate Bill 91 that would prevent local governments from regulating or controlling 'the amount charged for a rental application fee or rental deposit for private residential or commercial property.' State Sen. Joshua Bryant is one of the bill's co-signers and said filing it was in response to Fayetteville's recently passed ordinance. 'While I applaud them for looking at the cost of housing, I'm just not a fan of getting in the relationship between private businesses,' Bryant said. 'I think those can be addressed through Deceptive Trade Practices and Consumer Protections, rather than just putting a blanket fee cap on that relationship.' If the bill is passed in the Senate, it will go to the Arkansas House of Representatives and then to Gov. Sarah Huckabee Sanders. Bryant said the Senate could hear the bill within 'the next couple weeks.' If you disagree with Fayetteville's Ordinance 6800 being repealed, Williams said to contact your local state representative. The ordinance repealing can be read here. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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