On Friday, March 1, 2024, the Alaska House of Representatives House Labor & Commerce Committee had a first hearing for HB262. What is HB262, and why post about it on BP? HB262 states:
"An Act relating to increases in rent for dwelling units; and providing for an effective date."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1. AS 34.03.020 is amended by adding a new subsection to read:
(f) While rent for a dwelling unit is current, a landlord may not increase rent for the dwelling unit unless the landlord gives written notice to the tenant at least 90 days before the date of the increase specified in the notice. Upon termination, either by a landlord or by the expiration of the term, of a rental agreement or month to month tenancy for a dwelling unit whose rent is current,
(1) if notice has been given to the tenant under this subsection, the rent for the dwelling unit in a subsequent rental agreement or month to month tenancy may not exceed the amount charged under the terminated or expired rental agreement or month to month tenancy until after the date of the increase specified in the notice; or
(2) if notice has not been given to the tenant under this subsection, the rent for the dwelling unit in a subsequent rental agreement or month to month tenancy may not exceed the amount charged under the terminated or expired rental agreement or month to month tenancy until 90 days after the date the rental agreement was terminated or expired.
* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read:
APPLICABILITY. This Act applies to a rental agreement that is entered into on or after the effective date of this Act.
* Sec. 3. This Act takes effect immediately under AS 01.10.070(c)."
Analysis:
Sect (f) - Right now only a 30 day notice is required by policy (not statute) in Alaska to raise rent on a month to month rental or end of lease agreement. Alaska Housing Finance Corporation (AHFC - AK sect 8 provider) requires a 60 day notice for increase in rent. The low income population the drafters are trying to help are already, in large, being given 60 day notices as most utilize the AK sect 8 voucher system. Why is this needed?
Sect (f)(1) - This would require Landlords to keep rent at the current, lower rate for 90 days even if the current Tenant does not accept the increase and decides to move. Landlords would be required to rent to a new Tenant at the current, lower rent for 90 days, then an increase could be established. What if the new Tenant also decides the new, higher rent is too much? Do Landlords have to wait another 90 days? How would this work for AHFC (sect 8) voucher Tenants if the program requires a 12 month lease at move-in?
Sect (f)(2) - The drafters are doubling-down by adding that Landlords would not be able to raise rent until 90 days after any termination of tenancy or expired agreement if notice had not been previously given. This would also include any new Tenants just as above in sect (f)(1). They are calling this a "Rent Stabilization Bill", but I hear RENT CONTROL.
If you live in and/or invest in Alaska please consider contacting your state legislators to let them know how this will not only negatively affect you, but how it will adversely affect Tenants. Rents will be higher (unless they set some rent cap) because Landlords will raise rents when possible to prolong the need for any increases on current Tenants to avoid the 90 day rule. Less sect 8 Tenants will be rented to because Landlords will not be willing to wait 90 days to get a higher rent or to sign a year lease at the current, lower rent amount when costs continue to rise. This legislation will not accomplish the desired outcome of less homelessness in Alaska as stated by Rep Andy Josephson (Anchorage - D) staffer during the hearing. This bill will actually harm our most vulnerable, those disabled and elderly, by discouraging Landlords from signing 12 month leases with Tenants who utilize the AHFC (sect 8) programs.
Alaska House Bill 262