Judiciary Committee
January 30, 2025
Committee Chair: Sen. Senator Carolyn Bosn | Bills Heard: 5 | Full Transcript (PDF)
LB235: Amends the Uniform Residential Landlord and Tenant Act relating to trial for possession timelines
Introduced by: Sen. Senator Danielle Conrad | Testimony: 4 proponents, 7 opponents, 0 neutral | Read bill text (PDF)
Conrad seeks 10-day minimum for eviction trials, citing constitutional concerns and practical hardship. The bill would amend Nebraska's Uniform Residential Landlord and Tenant Act to require trials for possession occur not less than 10 days after summons issuance, allowing judges discretion to extend beyond that timeframe for good cause. Why it matters: Eviction records can permanently damage tenants' housing prospects, and the current law allows same-day execution of writs in some jurisdictions, giving tenants minimal time to arrange alternative housing or gather belongings. What they're saying: Proponents argue the bill prevents abrupt displacement and allows tenants to exercise legal defenses. Legal Aid testified a single mother was evicted in her absence despite arriving 25 minutes late. Opponents countered that writs are rarely executed same-day in practice—Lincoln landlords testified typical execution takes several days to a week due to notice and scheduling requirements. By the numbers: Opponents calculated a 10-day delay costs landlords $400,000 statewide daily based on median rent figures. Proponents noted 8 states explicitly ban jury trials in evictions, while most allow 10+ days. What's next: No vote was taken. The bill had 10 proponent comments and 58 opponent comments submitted for the record.
Committee sentiment: Supportive: Sen. DeBoer Skeptical: Sen. Hallstrom Unclear: Sen. Bosn
Sentiment estimated from questions and comments — not stated positions.
LB223: Prohibits discrimination based on source of income under the Fair Housing Act
Introduced by: Sen. Senator Dunixi Guereca | Testimony: 8 proponents, 10 opponents, 1 neutral | Read bill text (PDF)
Guereca seeks to ban housing discrimination based on source of income, targeting barriers faced by Section 8 voucher holders. LB223 would add source of income as a protected class under Nebraska's Fair Housing Act, prohibiting landlords from refusing to rent based on Housing Choice Vouchers or other lawful assistance programs. Why it matters: Voucher holders—disproportionately women, people of color, and disabled individuals—face widespread discrimination that perpetuates segregation and homelessness. In Lincoln, 37% of vouchers expire unused because landlords refuse to accept them. What they're saying: Proponents cited 17 states with similar protections where voucher success rates nearly double. Women's Fund testified 77% of HUD assistance recipients are women, and homelessness among women increased 24% despite overall veteran homelessness declining. Opponents countered that 100% of vouchers are already used in Lincoln and Omaha, and that the real problem is housing shortage, not discrimination. Landlords raised concerns about complex Section 8 paperwork, housing authority payment delays, and a New York court ruling that source of income protections may violate Fourth Amendment rights. By the numbers: Urban Institute study found 78% of Fort Worth landlords and 76% of LA landlords refuse vouchers. Nearly 60% of all voucher holders nationwide live in jurisdictions with protections. What's next: No vote was taken. The bill had 44 proponent comments and 56 opponent comments submitted for the record.
Committee sentiment: Supportive: Sen. McKinney Skeptical: Sen. Hallstrom Unclear: Sen. Bosn, Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
LB101: Restores right to jury trial in eviction proceedings under the Uniform Residential Landlord and Tenant Act
Introduced by: Sen. Senator George Dungan | Testimony: 3 proponents, 8 opponents, 0 neutral | Read bill text (PDF)
Dungan revives jury trial right in evictions, citing constitutional concerns and Supreme Court concurrence. LB101 would allow defendants to request jury trials in eviction proceedings, striking current law that requires bench trials. The bill responds to a 2023 Nebraska Supreme Court concurring opinion arguing that actions for possession are legal actions entitled to jury trial protection under the state constitution. Why it matters: If the Supreme Court ultimately rules the current ban unconstitutional, the Legislature would face a crisis—either the entire Landlord-Tenant Act could be struck down, or jury trials would be required anyway but under current expedited timelines, creating chaos. What they're saying: Proponents cited Nebraska Supreme Court precedent dating to 1872 holding that actions for possession are legal, not equitable, and thus entitled to jury trials. Legal Aid testified the constitutional issue will continue being raised in cases. Opponents warned jury trials would overwhelm courts handling 10,000 evictions annually, especially in Douglas County. They argued tenants would use jury trial demands as leverage to delay evictions for months, then vacate before trial, leaving landlords unable to recover attorney fees. By the numbers: Only 8 states currently ban jury trials in evictions. Until 1995, Nebraska allowed them. What's next: No vote was taken. The bill had 27 proponent comments and 59 opponent comments submitted for the record. Dungan indicated openness to amendments addressing procedural concerns.
Committee sentiment: Supportive: Sen. Dungan, Sen. DeBoer, Sen. McKinney Skeptical: Sen. Hallstrom, Sen. Storer
Sentiment estimated from questions and comments — not stated positions.
LB185: Allows electronic notification in landlord-tenant communications
Introduced by: Sen. Senator Dover | Testimony: 6 proponents, 0 opponents, 1 neutral | Read bill text (PDF)
Dover's electronic notification bill draws support from landlords and tenants, with minor concerns about complexity. LB185 would allow landlords and tenants to opt in to electronic notice delivery (email, text, or other agreed methods) under the Landlord-Tenant Act, replacing current mail-only requirement. Why it matters: Most landlord-tenant communication already happens electronically—rent payments via ACH, work orders via text, leases signed online—yet formal notices still require postal mail, which is slow and unreliable. What they're saying: Proponents noted the bill mirrors successful insurance industry electronic notification law already in Nebraska. Landlords testified electronic communication improves efficiency and workflow. Opponents raised no substantive objections but urged simplification of the 15-page bill, noting that tracking opt-in/opt-out status for hundreds of units creates administrative burden. Women's Fund testified it worked with Dover on amendments and has no issues with the bill. By the numbers: 50 proponent comments, 2 opponent comments, 0 neutral comments submitted. What's next: No vote was taken. Dover indicated willingness to make amendments clarifying that tenants face no conditions or consequences for withdrawing consent.
Committee sentiment: Supportive: Sen. Dover Unclear: Sen. McKinney, Sen. Rountree, Sen. Storm
Sentiment estimated from questions and comments — not stated positions.
LB92: Residential Tenant Clean Slate Act - allows sealing of certain eviction records
Introduced by: Sen. Senator Terrell McKinney | Testimony: 10 proponents, 10 opponents, 1 neutral | Read bill text (PDF)
McKinney seeks to seal eviction records after three years, citing permanent damage to housing prospects. LB92 would allow tenants to petition courts to seal eviction records if cases were dismissed, reversed, occurred during COVID-19, or after three years have passed. The bill aims to prevent eviction filings from permanently blocking access to housing. Why it matters: Eviction records remain publicly accessible indefinitely through third-party screening reports, even when cases are dismissed. Tenant screening reports frequently contain errors and are unregulated, unlike credit reports. Women are overrepresented in eviction court and homelessness, with eviction records preventing survivors of domestic violence from securing safe housing. What they're saying: Proponents testified that most evictions end in settlement or dismissal, yet filings remain on records. Legal Aid cited example of client evicted for breach despite having moved out over a year prior. Opponents countered that mechanisms already exist to vacate judgments when tenants comply with agreements, and that removing eviction history will force stricter income requirements, reducing affordable housing. Landlords testified they routinely work with tenants and vacate judgments when payment plans are met. By the numbers: Eviction filings rose from 6,200 annually (2016-2019) to 9,725 in 2024. Women comprise 90% of families in homeless shelters. What's next: No vote was taken. The bill had 26 proponent comments and 60 opponent comments submitted. McKinney expressed openness to amendments on minor child provisions and RentWise education requirements.
Committee sentiment: Supportive: Sen. McKinney Skeptical: Sen. Bosn, Sen. Hallstrom, Sen. Holdcroft, Sen. Storer Unclear: Sen. DeBoer
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The Judiciary Committee hearing on January 30, 2025, lasted approximately 8 hours, from approximately 1:00 p.m. to 9:00 p.m., with a 15-minute break at 6:45 p.m. The committee heard testimony on five bills: LB235 (eviction trial timelines), LB223 (source of income discrimination), LB101 (jury trials in evictions), LB185 (electronic notification), and LB92 (clean slate for eviction records). No votes were taken on any bills during the hearing. Committee Chair Bosn noted at the beginning that the committee would be working until 9 p.m. and encouraged testifiers to be concise. Senator Dover waived his closing statement on LB185 to leave early for a 6:00 p.m. appointment. The hearing reflected significant tension between landlord and tenant advocacy groups, with landlords expressing concerns about increased costs and operational burdens, while tenant advocates emphasized housing instability, homelessness, and the need for fair housing practices. Multiple testifiers referenced a Forbes article ranking Lincoln #1 and Omaha #2 among U.S. cities for tenant-friendly rental markets.
Generated by NE Wire Service | Source: Nebraska Legislature Transcribers Office This is an AI-generated summary. Verify all claims against the official transcript.