Judiciary Committee
February 20, 2025
Committee Chair: Sen. Senator Carolyn Bosn | Bills Heard: 5 | Full Transcript (PDF)
LB17: Prohibits hidden and predatory fees under the Uniform Residential Landlord and Tenant Act
Introduced by: Sen. Senator John Cavanaugh | Testimony: 10 proponents, 8 opponents, 0 neutral | Read bill text (PDF)
Senator Cavanaugh's LB17 would cap late fees and require upfront disclosure of all rental costs, but landlords warn it could drive up rents. The bill limits late fees to 5% of past due rent or $50 (whichever is less), requires application fees to reflect actual costs, and mandates landlords disclose all fees before tenants apply. Why it matters: Tenants testifying described late fees exceeding 30% of monthly rent and hidden fees that made supposedly affordable units unaffordable after signing. For low-income renters and those exiting incarceration, these fees create barriers to housing stability. What they're saying: Proponents cited cases of $10/day late fees and month-to-month charges that increased rent 40%. Opponents countered that $50 caps are insufficient incentive for timely payment and that labor costs far exceed direct costs. One landlord testified he charges $65 per adult for applications. By the numbers: Legal Aid Nebraska closed 3,687 housing cases in 2024; 57 proponent letters vs. 44 opponent letters submitted. What's next: No vote taken. Senator Cavanaugh indicated willingness to work on amendments clarifying language around actual costs and multiple applicants.
Committee sentiment: Supportive: Sen. DeBoer, Sen. Storer, Sen. Rountree Unclear: Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB469: Requires Nebraska Judiciary to compile a publicly accessible list of tenant resources attached to residential eviction notices
Introduced by: Sen. Senator Machaela Cavanaugh | Testimony: 3 proponents, 4 opponents, 0 neutral | Read bill text (PDF)
LB469 would attach a list of legal resources to eviction summonses, but opponents worry it will encourage bad faith discrimination claims. The bill requires the State Court Administrator to compile and include with eviction summonses information about legal assistance and housing discrimination reporting. The amendment removes financial resources due to their fluctuating availability. Why it matters: Only 23% of tenants have lawyers in eviction cases vs. 76% of landlords. Evictions move fast—tenants often have less than a week's notice before trial, unlike other civil cases. Early legal intervention can prevent homelessness. What they're saying: Proponents noted the Court Administrator already does this for protection order summonses with no fiscal impact. Opponents argued it will spawn bad faith discrimination claims to delay evictions and that maintaining accurate county-specific resource lists is impossible. By the numbers: 20 proponent letters, 46 opponent letters, 1 neutral. Black renters are 51% of those threatened with eviction despite being 18% of renters. What's next: No vote taken. Senator Cavanaugh indicated willingness to clarify language and work with committee on whether to include housing discrimination information.
Committee sentiment: Supportive: Sen. DeBoer, Sen. Storer, Sen. McKinney Skeptical: Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB506: Landlord and Tenant Radon Awareness Act
Introduced by: Sen. Senator Megan Hunt | Testimony: 0 proponents, 6 opponents, 0 neutral | Read bill text (PDF)
LB506 would require landlords to disclose radon hazards to tenants, but opponents dispute the health threat and worry about litigation. The bill requires landlords to distribute a standardized radon disclosure form and disclose known elevated radon levels. Tenants can test units and terminate leases within 90 days if elevated radon is found. Landlords can dispute results with professional testing. Why it matters: Nebraska ranks third nationally for radon levels. Radon is the leading cause of lung cancer among nonsmokers. Homebuyers already have disclosure requirements; renters lack similar protections. What they're saying: Opponents challenged EPA death statistics, citing National Safety Council data and arguing 86% of radon deaths occur in smokers. They worry about tenants conducting inaccurate at-home tests and using them to exit leases. One property manager described litigation over tenant's emergency room bills allegedly caused by radon. By the numbers: 13 proponent letters, 35 opponent letters. Professional radon testing costs $150-$300; mitigation costs $2,500-$10,000. What's next: No vote taken. Senator Hunt indicated openness to requiring professional testing for both parties and clarifying that landlord consent is needed before tenant hires mitigation specialist.
Committee sentiment: Supportive: Sen. DeBoer, Sen. McKinney Skeptical: Sen. Storer
Sentiment estimated from questions and comments — not stated positions.
LB587: Strengthens tenant protections for habitability and essential services
Introduced by: Sen. Senator Ashleigh Spivey | Testimony: 3 proponents, 8 opponents, 0 neutral | Read bill text (PDF)
LB587 would cut the time landlords have to fix serious habitability issues from 14 to 7 days, but opponents warn it's impossible for complex repairs. The bill reduces cure periods for essential services (heat, water) and expands protections to include mold and pest infestations. Tenants can deduct remediation costs from rent if landlords don't act. Why it matters: Evictions disproportionately affect low-income households and communities of color. Nearly 40% of people entering Omaha shelters were evicted within the past year. Tenants currently must endure unsafe conditions for 30 days before terminating leases. What they're saying: Proponents cited City View Apartments with 55 units having code violations since February 2024. Opponents testified that bedbug treatment requires one week prep plus multiple treatments spaced days apart—impossible in 7 days. One landlord described 30-day mold remediation requiring plumbers, specialists, and drywall work. By the numbers: 24 proponent letters, 33 opponent letters. What's next: No vote taken. Senator Spivey indicated willingness to amend language to clarify that 'action' must start within 7 days for mold/pest (not necessarily complete), and to require certified professionals for remediation.
Committee sentiment: Supportive: Sen. McKinney, Sen. DeBoer Skeptical: Sen. Storer, Sen. Hallstrom
Sentiment estimated from questions and comments — not stated positions.
LB267: Protections for survivors of domestic violence in rental housing
Introduced by: Sen. Senator Victor Rountree | Testimony: 3 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
LB267 would let domestic violence survivors stay in their homes by removing perpetrators from leases, but one landlord worried about filing responsibility. The bill allows survivors to provide documentation (protection order or DV certification) and have landlords serve notice on perpetrators. If perpetrators don't vacate within 5 days, landlords file for restitution. For non-cohabiting perpetrators, survivors can request lock changes within 24 hours. Why it matters: 38% of DV victims become homeless. Housing crisis makes finding new rentals nearly impossible for survivors with ruined credit and eviction histories. Financial abuse occurs in 99% of DV cases. What they're saying: Survivor testified she waited 2+ years for Section 8 housing while enduring abuse because her credit score was 476 and she had eviction history. Proponents noted certification process already exists from LB320. Opponent testified landlords shouldn't file evictions; judges or agencies should. By the numbers: 70 proponent letters, 23 opponent letters. 38% of DV victims become homeless; 99% experience financial abuse. What's next: No vote taken. Senator Rountree indicated willingness to tighten language addressing competing protection orders and clarify landlord's role.
Committee sentiment: Supportive: Sen. DeBoer, Sen. Bosn, Sen. Storer
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The Judiciary Committee held a full day of hearings on five landlord-tenant bills on February 20, 2025. The hearing began at 1:30 p.m. and continued past 7:00 p.m. with a brief 10-minute break before the final bill. Committee Chair Bosn enforced a strict three-minute time limit for testifiers using a light system. The committee received 57 proponent and 44 opponent letters on LB17; 20 proponent and 46 opponent letters on LB469; 13 proponent and 35 opponent letters on LB506; 24 proponent and 33 opponent letters on LB587; and 70 proponent and 23 opponent letters on LB267. No votes were taken on any bills during the hearing. Multiple testifiers and senators indicated willingness to work on amendments to clarify language and address concerns raised during testimony.
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