OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 143 Bill Analysis
135th General Assembly
Click here for H.B. 143’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Grim
Effective Date:
Austin C. Strohacker, Attorney
SUMMARY
Allows a tenant who is a victim of rape, attempted rape, domestic violence, dating
violence, abuse, or a sexually oriented offense to change the locks on the premises or
terminate a rental agreement without liability for early termination.
Requires the tenant to provide the landlord a notice of termination and a copy of a
protection order or a written report of the alleged crime by a police officer, health care
professional, court employee, mental health professional, or victim advocate.
Requires the tenant to vacate the property within 30 days of delivering notice of
termination to the landlord and requires the tenant to continue paying rent until
vacating the property.
Prohibits the landlord from taking any retaliatory action toward the tenant, including
eviction, if the tenant terminates the rental agreement or changes the locks as allowed
under the bill.
Permits a tenant to sue a landlord that takes retaliatory action for damages and
reasonable attorney fees.
Specifies that if the tenant terminates a rental agreement under the bill, the agreement
remains in effect with regard to any other tenant under the agreement.
Authorizes a nonrefundable income tax credit for a landlord whose tenant has
terminated the tenant’s rental agreement pursuant to the bill.
Explicitly excludes from the General Nuisance Law any call to law enforcement related
to rape, attempted rape, domestic violence, dating violence, abuse, or a sexually
oriented offense.
Names the bill the Ohio Safe Homes Act.
May 16, 2023
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
General overview
Under the bill, a tenant who is an alleged victim of rape, attempted rape, domestic
violence, dating violence, abuse, or a sexually oriented offense (“victim”) may terminate their
rental agreement early or change the locks on the premises, without a penalty, regardless of
what the lease says, so long as the victim follows certain procedures outlined in the bill. The bill
authorizes an income tax credit for landlords that rent to a tenant who terminates their rental
agreement for this reason. Also, under the bill, calls to law enforcement related to rape,
attempted rape, domestic violence, dating violence, abuse, or a sexually oriented offense
cannot be considered a nuisance.
Terminating a rental agreement or changing locks
The bill permits a tenant who is a victim of an alleged rape, attempted rape, domestic
violence, dating violence, abuse, or a sexually oriented offense to terminate the victim’s rental
agreement or install new locks on the premises covered by the agreement if either (1) a
qualifying protection order is issued, or (2) the victim reports the alleged incident to a qualified
third party and the qualified third party provides the tenant a written record of the report.1 A
“qualified third party” is defined in the bill as a law enforcement officer, health care
professional, an employee of an Ohio court, a mental health professional, or a victim advocate.
A “written record of the report” is defined as a written document produced, signed, and dated
by a qualified third party that includes the tenant’s name, the qualified third party’s name, a
declaration that the qualified third party meets the definition of a qualified third party, and a
statement that the tenant has made a credible report to a qualified third party of a rape,
attempted rape, domestic violence, dating violence, abuse, or a sexually oriented offense.2
The bill prohibits a landlord from retaliating against a tenant, such as by increasing the
tenant’s rent, decreasing services that are due to the tenant, or bringing or threatening to bring
an eviction action, because the tenant provided a notice of termination, indicated that the
tenant might provide a notice of termination, installed a new lock or locks, or provided notice
of the intention to install a new lock or locks.3
Terminating a rental agreement
The tenant must take the following two steps prior to terminating the rental agreement:
1. Provide the landlord with a written notice that the rental agreement will terminate and
the date the tenant will move out, which must be within 30 days of delivering the
notice.
1 R.C. 5321.172(B).
2 R.C. 5321.172(A)(7) and (12).
3 R.C. 5321.02.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
2. Provide the landlord with a copy of either the qualifying protection order or, within 30
days of being signed by a qualified third party, a written record of a report signed by a
qualified third party.4
When terminating the rental agreement, the tenant remains responsible for rent and
any other amounts due until the tenant vacates the property.5 The landlord is required to give
the tenant up to 30 days to vacate the property and cannot pursue an eviction or charge a fee
for early termination, regardless of any contrary provision of the rental agreement. The
landlord is prohibited from changing the locks or otherwise preventing the tenant from
retrieving the tenant’s possessions. The landlord must also return the security deposit to the
tenant after the tenant vacates the property unless the landlord is entitled to keep a portion or
all of the deposit in accordance with Ohio Landlord and Tenant Law. If a landlord violates these
provisions, the tenant may bring a civil action against the landlord for all damages caused to the
tenant, together with reasonable attorney’s fees.6
Changing locks
If the tenant intends to change the locks on the premises, the tenant must provide the
landlord with a notice of that intention and provide the landlord a certified copy of the
qualifying protection order or a copy of the written record signed by the qualified third party.
When changing the locks, the tenant can either rekey the existing lock, if it is in good working
condition, or replace the entire locking mechanism with a locking mechanism of equal or better
quality. Upon request, the tenant must provide a new key to the landlord. Under the bill, the
landlord may refuse to give the new key to the “named individual,” defined in the bill as the
person identified in a qualifying protection order as restrained from contact with the victim,
even if the named individual is a party to the rental agreement. However, the named individual
who has been excluded from the residential rental property is still liable for rent under the
rental agreement, whether the locks have been changed or the lease has been terminated by
the victim.7
Confidentiality
The landlord is prohibited from disclosing a forwarding address, contact information, or
any other information that could be used to identify or locate the victim to the named
individual, or an individual the landlord believes to be a relative of the named individual, or a
person acting on behalf of the named individual, unless the person acting on behalf of the
named individual is the named individual’s attorney.8
4 R.C. 5321.172(C)(1).
5 R.C. 5321.172(E).
6 R.C. 5321.172(F).
7 R.C. 5321.172(A)(6) and (C)(2) through (6).
8 R.C. 5321.172(D).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Other parties to the rental agreement
If the victim terminates a rental agreement, the rental agreement continues in effect
with regard to any co-tenant under the rental agreement. A “co-tenant” is defined in the bill as
an individual, who is not a named individual, who is a party to a rental agreement with a victim
seeking protection. The co-tenant is not responsible for any action or inaction by any other
person on the rental agreement. Any co-tenant that is in this situation can do any of the
following:
1. Terminate the rental agreement at the same time as the protected tenant;
2. Procure a new tenant within 30 days of the notice provided to the landlord by the
victim;
3. Assume the entire lease.9
Rental applicant protection
The bill prohibits a landlord from refusing to enter into a rental agreement with an
otherwise qualified applicant for tenancy if the applicant chooses to, or chooses not to disclose
that the applicant was a victim of rape, attempted rape, domestic violence, dating violence,
abuse, or a sexually oriented offense, or if the landlord has suspicions that the applicant may be
a future victim of rape, attempted rape, domestic violence, dating violence, abuse, or a sexually
oriented offense.10
Landlord income tax credit
The bill authorizes a nonrefundable income tax credit for a landlord whose tenant has
terminated the tenant’s rental agreement under the circumstances prescribed by the bill. The
credit equals $200 for each rental agreement that is so terminated during taxable years ending
on or after the bill’s 90-day effective date.
If the credit exceeds the taxpayer’s income tax liability for a year, the taxpayer may
carry forward the excess for up to two additional years. Additionally, if the landlord is a pass-
through entity, each taxpayer that holds a direct or indirect equity interest in that pass-through
entity may claim the taxpayer’s distributive or proportionate share of the credit.11
Nuisance Law exception
Under continuing law, the General Nuisance Law provides for a civil action in the court
of common pleas, or possibly a municipal or county court, to enjoin and abate anything defined
as a “nuisance” anywhere in the Revised Code. These actions must be set for trial at the earliest
9 R.C. 5321.172(G).
10 R.C. 5321.172(H).
11 R.C. 5747.35 and 5747.98; Section 4.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
possible time and take precedence over all other cases (other than crimes, election contests, or
injunctions).
The bill explicitly excludes under the General Nuisance Law any call to law enforcement
related to rape, attempted rape, domestic violence, dating violence, abuse, or a sexually
oriented offense.12 Therefore, under the bill, such a call could not be considered a nuisance.
HISTORY
Action Date
Introduced 03-29-23
ANHB0143IN-135/ks
12 R.C. 3767.01(C)(2) and conforming changes in R.C. 3767.05 and 4301.74.
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As Introduced
Statutes affected: As Introduced: 3767.01, 3767.05, 4301.74, 5321.02, 5747.98