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Nebraska Legislature Bill LB 92

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About LB 92:

As the property owner you cannot ask about evictions covered by the Residential Tenant Clean Slate Act

“A tenant shall not be questioned with respect to any eviction…”

 

The potential tenant does not have to disclose an eviction if covered by the Residential Tenant Clean Slate Act “If an inquiry is made in violation of this subsection, the tenant may respond as if the eviction proceeding never occurred.”

 

Additionally, you cannot legally deny housing because of an eviction covered by the Residential Tenant Clean Slate Act “In any application for housing, a landlord shall not consider a tenant's prior eviction if clean slate relief has been granted for such eviction”

Public Hearing:

Thursday, January 30th, 2025 at 1:30PM

Room 1525

What Can You Do?

Please use the following link to SUBMIT COMMENTS ONLINE FOR LB 92 and leave your comment for the Judicial Committee to express your OPPOSITION for LB 92 (see below for link)

*MUST SUBMIT BY THURSDAY, JANUARY 30th BY 8:00am*

Suggested Text:

You can copy and edit the below text.

"Senators, LB 92 by expunging a tenant’s eviction record after 3 years impairs a landlord’s ability to discern whether a prospective tenant is a bad risk. One of the things that is vital in the rental business is to be able to determine if a prospective tenant is going to cause a problem in the rental property either through bad behavior toward other tenants or neighbors or by not paying the rent. If for some reason they’ve had a previous eviction the landlord can discuss the situation with them and can always go ahead and rent to them anyway if they think the reason for the prior eviction has cleared up and unlikely to recur. By denying the landlord of the knowledge of a prior eviction you take away their ability to make a reasoned judgement and make them much more likely to demand a high credit score to try to weed out anyone who may have had a prior eviction. This would therefore exclude someone who may have marginal credit scores but still a good tenant. If a person declares Chapter 13 bankruptcy it stays on their credit report for 7 years and Chapter 7 bankruptcy for 10 years. These reports are necessary for banks and car dealerships to determine the risk that someone will default on their loan. Likewise an eviction history is needed by a landlord to evaluate risk. Why should a landlord’s ability to determine risk be valued less than a bank or car dealer? This bill will result in changing landlord’s behavior to be more restrictive in their rental practices and make affordable housing less available to tenants. Senators, please reject LB 92. Thank you."



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2 Comments


If this is correct, then any criminal or civil action of bankruptcy should be expunged after 3 years. They are all part of a formula used to determine the viability of a potential resident to pay for and return in acceptable condition a residence. To prevent this inquiry prevents an owner/landlord from knowing the history of a resident and puts them in a position of potentially contracting with someone under misrepresented circumstances. This is not helpful for investors in Nebraska and in fact would drive investors providing reasonable priced rental properties to stay away from Nebraska for investments.

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Senators, LB 92 by expunging a tenant’s eviction record after 3 years impairs a landlord’s ability to discern whether a prospective tenant is a bad risk. One of the things that is vital in the rental business is to be able to determine if a prospective tenant is going to cause a problem in the rental property either through bad behavior toward other tenants or neighbors or by not paying the rent. If for some reason they’ve had a previous eviction the landlord can discuss the situation with them and can always go ahead and rent to them anyway if they think the reason for the prior eviction has cleared up and unlikely to recur. By denying the landlord of…

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