SECOND REGULAR SESSION

HOUSE BILL NO. 1954 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE BOSLEY.

4941H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To amend chapter 441, RSMo, by adding thereto one new section relating to the habitability of the premises of a tenant.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 441, RSMo, is amended by adding thereto one new section, to be 2 known as section 441.237, to read as follows: 441.237. 1. As used in this section, the word "pests" means any unwanted: 2 (1) Member of the class Insecta including, but not limited to, houseflies, bees, 3 cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes, and 4 wasps; 5 (2) Member of the phylum Arthropoda including, but not limited to, spiders, 6 mites, ticks, centipedes, and wood lice; and 7 (3) Member of the order Rodentia including, but not limited to, mice and 8 Norway rats. 9 2. (1) Notwithstanding any other provision of law, a landlord of a premises shall 10 be liable for damages to a tenant of such premises if, through no fault of the tenant, the 11 premises contain conditions that would materially affect the health and safety of the 12 tenant and the landlord fails to begin remediation of such conditions within thirty days 13 after the tenant notifies the landlord in writing of such conditions. Conditions that 14 would materially affect the health and safety of the tenant include, but are not limited 15 to, hazardous mold, rotting or deteriorating floors, sewage backup, roof leaks, or 16 infestation of pests.

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1954 2

17 (2) Damages under subdivision (1) of this subsection shall include, but are not 18 limited to, any health care costs associated with the failure to remedy a condition that 19 would materially affect the health and safety of the tenant. 20 3. After the landlord completes the remediation required under subsection 2 of 21 this section, the landlord shall have the premises inspected by a licensed inspector, and 22 the inspector shall determine whether the conditions that materially affected the health 23 and safety of the tenant have been corrected. ✔

Statutes affected:
Introduced (4941H.01): 441.237