Arkansas 2025 Regular Session

Arkansas Senate Bill SB91

Introduced
1/23/25  
Refer
1/23/25  
Refer
2/17/25  
Report Pass
2/27/25  
Engrossed
3/4/25  
Refer
3/4/25  
Report Pass
3/19/25  
Enrolled
4/1/25  
Chaptered
4/7/25  

Caption

To Provide That Local Governmental Units Shall Have No Authority To Regulate Or Control The Amount Charged For A Rental Application Fee Or Rental Deposit For Private Residential Or Commercial Property.

Impact

The implications of SB91 are significant in terms of local governance and property management. It establishes a clear preemption against local ordinances that would otherwise restrict the amounts charged for rental applications and deposits. As such, it affects landlords, property owners, property managers, tenants, and real estate companies operating within Arkansas. The bill permits local governments to continue managing their properties but restricts their authority to impose additional regulations on rental pricing, thereby centralizing control at the state level.

Summary

Senate Bill 91 aims to prevent local governmental units in Arkansas from regulating or controlling the amount charged for rental application fees and rental deposits on private residential and commercial properties. By amending existing laws, this bill establishes a statewide standard that effectively limits local authorities' ability to impose restrictions on these fees, promoting a more uniform approach across the state. This change is positioned to simplify rental processes for landlords and property managers while offering a clearer financial framework for tenants and prospective renters.

Sentiment

The sentiment around SB91 appears to be mixed. Supporters argue that the bill promotes greater market consistency, removes bureaucratic hurdles for landlords, and encourages a business-friendly environment that may stimulate property investment and development. Conversely, opponents of the bill express concerns that it undermines local autonomy and the ability of municipalities to address specific housing market issues that may arise in their areas. This division is reflective of broader tensions between state authority and local control in policymaking.

Contention

Notable points of contention include the potential negative impact on renters who may find themselves subject to the unregulated market dynamics, leading to higher costs without any local protective measures. Critics argue that without the ability to regulate these fees, local governments cannot effectively respond to the unique economic pressures facing their communities, particularly in areas with high demand for rentals. The bill's passage suggests a shift toward a more laissez-faire approach to rental pricing, which could exacerbate affordability issues for certain groups.

Companion Bills

No companion bills found.

Previously Filed As

AR SB197

To Prohibit Certain Restrictions On The Regulation Of Short-term Rentals; And To Declare An Emergency.

AR HB1234

To Amend The Used Tire Recycling And Accountability Act; To Commercialize The Used Tire Recycling And Accountability Program; To Create The Arkansas Commerce Tire Program Act; And To Declare An Emergency.

AR HB1588

To Amend The Uniform Commercial Code.

AR SB547

To Permit A Property Owner To Choose The Municipal Development Regulations For Certain Property That Is Located Within More Than One Municipality.

AR SB341

To Amend The Commercial Driver Alcohol And Drug Testing Act To Comply With Federal Motor Carrier Safety Administration Regulations.

AR HB1605

To Provide Regulation Of Hemp-derived Products By The Arkansas Tobacco Control Board.

AR HB1807

To Amend The Law Concerning The Revenues Deposited Into The Crime Information System Fund; And To Increase The Amount Of Revenue From Solid Waste Management Fees That Is Deposited Into The Crime Information System Fund.

AR HB1573

To Amend The Law Concerning The Arkansas Real Estate Commission; To Create A Property Management Broker And Property Management Associate License; And To Amend The Real Estate License Law.

AR HB1446

To Provide State Oversight Of Quality Of Care Provided To Children In Psychiatric Residential Treatment Facilities And Other Regulated Facilities.

AR SJR12

A Constitutional Amendment To Create An Implied Warranty Of Habitability And Provide Protections To Arkansas Tenants.

Similar Bills

LA HB625

Limits certain actions taken by governmental entities on private property owners

CO SB233

Property Tax

CA AB1317

Asset forfeiture: human trafficking.

CO HB1001

Property Tax

CA SB716

Land use: habitat restoration and enhancement: mitigation lands.

CA SB522

West Contra Costa Healthcare District.

CA AB2847

Commercial real property: tenancy: abandonment.

TX SB360

Relating to regulatory takings.