Adds provisions relating to a landlord failing to remedy a condition that would materially affect the health and safety of a tenant

SECOND REGULAR SESSION
HOUSE BILL NO. 1954
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BOSLEY .
4941H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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 cockr oaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes, and
4 wasps;
5 (2) Member of the phylum Arthropod a 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 pro vision of law , a landlord of a pr emises shall
10 be liable for damages to a tenant of such premis es if, thr ough no fault of the tenant, the
11 pr emises contain conditions that would materially affect the health and safety of the
12 tenant and the landlord fails to begin rem ediation 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, ro tting or deteriorating floors, sewage backup, roof leaks, or
16 infestation of pests.
EXPLANA TION — 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.
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 rem edy a condition that
19 would materially affect the health and safety of the tenant.
20 3. After the landlord completes the r emediation requi red under subsection 2 of
21 this section, the landlord shall have the premis es 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 corr ected.
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HB 1954 2