Nebraska Legislature Bill LB270
- sarahcooper402
- Mar 3, 2023
- 2 min read
READ NOW:
About LB 270:
"Change provisions relating to the Uniform Residential Landlord and Tenant Act and rental registration ordinances" - This bill will require you as the property owner to replace any lead water line that may run to your property. Also, you would not be able to evict any tenant from your property if you are not registered with the city and in compliance with the Registration and Inspection program.
Public Hearing:
Wednesday, March 8th, 2023 at 1:30pm
Room 1113
What Can You Do?
Please use the following link to SUBMIT COMMENTS ONLINE FOR LB270 and leave your comment for the Judiciary Committee to express your OPPOSITION for LB 270 (see below for link)
*MUST SUBMIT BY TUESDAY, MARCH 7th BY 12:00pm*
Suggested Text:
You can copy and edit the below text.
"Senators LB 270 is unconstitutional. It violates the 5th and 14th Amendment rights of a property owner and potentially their 4th amendment rights. The 5th Amendment states “ No person shall be deprived of life, liberty or property without due process of law" and the 14th Amendment states “ Nor shall any State deprive any person of life, liberty or property without due process of law”. The only real control a landlord has over his/her property when a tenant violates the legal contract called a lease is in a court of law by evicting a tenant and obtaining a writ of restitution so that they may repossess that property. This bill states that if a rental property owner forgets to register his/her property under a rental registration ordinance that property owner automatically and arbitrarily loses his/her right to possess that property. It is therefore illegal taking of the landlord’s property by the tenant sanctioned by the State without due process. Do you really think that if an investor buys a new rental property and inadvertently forgets to register it that he/she should be deprived of their constitutional rights to due process regarding that property? It also doesn’t make clear what “comply with any rental registration ordinances” on line 19 entails. Does it mean that if a landlord registers a property but exerts his/her 4th Amendment right to withhold consent to a warrantless inspection that the landlord is deprived of their right to possess their property? If that is the case this bill flouts the US 8th Circuit ruling of 3/15/2021 that clearly states a landlord has the right withhold such consent without penalty and cannot be prohibited from renting their property. If a landlord cannot possess their property they can't rent it. Senators this is a bad law, flagrantly unconstitutional and I urge you to reject it. Thank you."
Senators LB 270 is unconstitutional. It violates the 5th and 14th Amendment rights of a property owner and potentially their 4th amendment rights. The 5th Amendment states “ No person shall be deprived of life, liberty or property without due process of law" and the 14th Amendment states “ Nor shall any State deprive any person of life, liberty or property without due process of law”. The only real control a landlord has over his/her property when a tenant violates the legal contract called a lease is in a court of law by evicting a tenant and obtaining a writ of restitution so that they may repossess that property. This bill states that if a rental property owner forgets to…