2019 saw the State of Idaho attempting to introduce a new bill that would change how evictions are conducted, essentially speeding them up by combining the requirement of two lawsuits into a single lawsuit and substantially shortening the time for a tenant to react. The debate over HB138 continues and a recent op-ed in the Idaho Statesmen has reignited the conversation. Laws governing tenant screening, specifically the reports used as part of a tenant background check package, can change very quickly and a best practice remains to work with a well-qualified third-party tenant screening agency in order to remain fully compliant with existing and potential law.
HB 138 in Idaho remains contentious.
From the Idaho Statesmen opinion page on January 23, 2020:
Fair housing advocates are concerned that a bill that would have sped up the process for evictions in Idaho and narrowly failed in the House of Representatives last year will make a return this session.
The bill’s sponsors last year said it would have simplified the eviction process for landlords and added some new protections for renters.
Opponents of the bill, including the ACLU, see the legislation as simply giving landlords more leverage over renters in a state that some see as already one of the most landlord-friendly in the country. idahostatesman.com/opinion/from-the-opinion-editor/article239531633.html
With the rental values in Idaho spiking, especially around the Boise area, perception is that landlords are trying to evict lower value renters in order to obtain higher value renters. Some suggest that the new law may allow the opportunity for expedited evictions.
From the Idaho Statesmen from March 4, 2019:
The bill, HB 138, was introduced by the Idaho Apartment Association and would have changed the way landlords act against tenants who violate the terms of their lease or fail to pay rent. Current law forces a landlord to file two lawsuits to evict a tenant — one forcing the tenant to return the property to the landlord, the other to seek monetary damages.
The bill would have combined those lawsuits into one and reduce the maximum time for the eviction process to a month or less. Courts would be forced to schedule trials within 12 days. idahostatesman.com/news/politics-government/state-politics/article227098164.html
Idaho shouldn’t be making it easier to evict people right now
Preventing eviction may be more cost effective than actual eviction. According to the Idaho Statesmen Opinion piece from January 23, 2019:
Preventing homelessness costs on average about $800 per client, Rabe said, but once a family becomes homeless, it costs up to $10,000 to re-house them, and each person experiencing homelessness costs over $53,000 annually in supportive and emergency services. , according to a study by Boise State University researcher Vanessa Fry. So an $800 investment in prevention pays off. idahostatesman.com/opinion/from-the-opinion-editor/article239531633.html
Rental housing will continue to be a challenge and tenant screening will always be a part of that conversation. A best practice remains for landlord and property managers to work with a well-qualified third-party tenant screening agency, in order to remain fully compliant with new and existing laws.
To learn more about the proposed expedited eviction law in Idaho and whether or not this gives too much power to landlords and if such a law was enacted would it increase homelessness read recent TenantScreeningUSA.com press release: Potential Idaho Law Expediting Evictions Could Become a Test Case for Other Areas of the Country; Opines TenantScreeningUSA.com