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| To amend section 5321.04 and to enact section 5321.20 | 1 |
| of the Revised Code to require a landlord who has | 2 |
| been served with notice of a foreclosure action to | 3 |
| disclose to a prospective tenant of the property | 4 |
| subject to that action of the action and to | 5 |
| terminate the provisions of this act on January 1, | 6 |
| 2018, by repealing section 5321.20 of the Revised | 7 |
| Code on that date. | 8 |
| Section 1. That section 5321.04 be amended and section | 9 |
| 5321.20 of the Revised Code be enacted to read as follows: | 10 |
| Sec. 5321.04. (A) A landlord who is a party to a rental | 11 |
| agreement shall do all of the following: | 12 |
| (1) Comply with the requirements of all applicable building, | 13 |
| housing, health, and safety codes that materially affect health | 14 |
| and safety; | 15 |
| (2) Make all repairs and do whatever is reasonably necessary | 16 |
| to put and keep the premises in a fit and habitable condition; | 17 |
| (3) Keep all common areas of the premises in a safe and | 18 |
| sanitary condition; | 19 |
| (4) Maintain in good and safe working order and condition all | 20 |
| electrical, plumbing, sanitary, heating, ventilating, and air | 21 |
| conditioning fixtures and appliances, and elevators, supplied or | 22 |
| required to be supplied by the landlord; | 23 |
| (5) When the landlord is a party to any rental agreements | 24 |
| that cover four or more dwelling units in the same structure, | 25 |
| provide and maintain appropriate receptacles for the removal of | 26 |
| ashes, garbage, rubbish, and other waste incidental to the | 27 |
| occupancy of a dwelling unit, and arrange for their removal; | 28 |
| (6) Supply running water, reasonable amounts of hot water, | 29 |
| and reasonable heat at all times, except where the building that | 30 |
| includes the dwelling unit is not required by law to be equipped | 31 |
| for that purpose, or the dwelling unit is so constructed that heat | 32 |
| or hot water is generated by an installation within the exclusive | 33 |
| control of the tenant and supplied by a direct public utility | 34 |
| connection; | 35 |
| (7) Not abuse the right of access conferred by division (B) | 36 |
| of section 5321.05 of the Revised Code; | 37 |
| (8) Except in the case of emergency or if it is impracticable | 38 |
| to do so, give the tenant reasonable notice of the landlord's | 39 |
| intent to enter and enter only at reasonable times. Twenty-four | 40 |
| hours is presumed to be a reasonable notice in the absence of | 41 |
| evidence to the contrary. | 42 |
| (9) Promptly commence an action under Chapter 1923. of the | 43 |
| Revised Code, after complying with division (C) of section 5321.17 | 44 |
| of the Revised Code, to remove a tenant from particular | 45 |
| residential premises, if the tenant fails to vacate the premises | 46 |
| within three days after the giving of the notice required by that | 47 |
| division and if the landlord has actual knowledge of or has | 48 |
| reasonable cause to believe that the tenant, any person in the | 49 |
| tenant's household, or any person on the premises with the consent | 50 |
| of the tenant previously has or presently is engaged in a | 51 |
| violation as described in division (A)(6)(a)(i) of section 1923.02 | 52 |
| of the Revised Code, whether or not the tenant or other person has | 53 |
| been charged with, has pleaded guilty to or been convicted of, or | 54 |
| has been determined to be a delinquent child for an act that, if | 55 |
| committed by an adult, would be a violation as described in that | 56 |
| division. Such actual knowledge or reasonable cause to believe | 57 |
| shall be determined in accordance with that division. | 58 |
| (10) Comply with the rights of tenants under the | 59 |
| Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App. | 60 |
| 501; | 61 |
| (11) When the landlord is party to any rental agreements that | 62 |
| cover a property with one to four dwelling units in the same | 63 |
| structure and are entered into before January 1, 2018, comply with | 64 |
| section 5321.20 of the Revised Code. | 65 |
| (B) If the landlord makes an entry in violation of division | 66 |
| (A)(8) of this section, makes a lawful entry in an unreasonable | 67 |
| manner, or makes repeated demands for entry otherwise lawful that | 68 |
| have the effect of harassing the tenant, the tenant may recover | 69 |
| actual damages resulting from the entry or demands, obtain | 70 |
| injunctive relief to prevent the recurrence of the conduct, and | 71 |
| obtain a judgment for reasonable attorney's fees, or may terminate | 72 |
| the rental agreement. | 73 |
| Sec. 5321.20. (A) A landlord of a property with one to four | 74 |
| single-family dwelling units in the same structure, who has been | 75 |
| served notice of a foreclosure action against that property, which | 76 |
| action has not been dismissed, shall provide a written disclosure | 77 |
| of the foreclosure action to any prospective tenant of the | 78 |
| property prior to executing a lease agreement for the property. | 79 |
| (B) The written disclosure required pursuant to division (A) | 80 |
| of this section shall be provided to the prospective tenant in the | 81 |
| following substantial form: | 82 |
| "THE FORECLOSURE PROCESS HAS BEGUN ON THIS PROPERTY, AND THIS | 83 |
| PROPERTY MAY BE SOLD AT A FORECLOSURE SALE. IF YOU RENT THIS | 84 |
| PROPERTY, AND A FORECLOSURE SALE OCCURS, THE SALE MAY AFFECT YOUR | 85 |
| RIGHT TO CONTINUE TO LIVE IN THIS PROPERTY IN THE FUTURE. YOUR | 86 |
| TENANCY MAY CONTINUE AFTER THE SALE. THE NEW OWNER MUST HONOR THE | 87 |
| LEASE UNLESS THE NEW OWNER WILL OCCUPY THE PROPERTY AS A PRIMARY | 88 |
| RESIDENCE, OR IN OTHER LIMITED CIRCUMSTANCES AS PROVIDED IN THE | 89 |
| FEDERAL PROTECTING TENANTS AT FORECLOSURE ACT. IN ORDER FOR THE | 90 |
| NEW OWNER TO EVICT YOU, THE NEW OWNER MUST PROVIDE YOU WITH AT | 91 |
| LEAST 90 DAYS WRITTEN EVICTION NOTICE IN MOST CASES." | 92 |
| (C) If a landlord violates division (A) of this section, the | 93 |
| affected tenant may do one of the following: | 94 |
| (1) Void the lease, which shall entitle the tenant to recover | 95 |
| from the landlord who was served notice one month's rent or twice | 96 |
| the actual damages, whichever is greater, and all prepaid rent; | 97 |
| (2) If the foreclosure sale has not occurred and the tenant | 98 |
| has not voided the lease, deduct a total amount equal to one | 99 |
| month's rent from future rent obligations owed to the landlord who | 100 |
| was served notice. | 101 |
| (D) A property manager shall not be liable under this section | 102 |
| for failure to provide the written disclosure required pursuant to | 103 |
| division (A) of this section unless the landlord has notified the | 104 |
| property manager of the notice of the foreclosure action and | 105 |
| directed the property manager, in writing, to deliver the written | 106 |
| disclosure to the prospective tenant. If a landlord has directed | 107 |
| the property manager to deliver the disclosure in accordance with | 108 |
| this division, and the property manager fails to do so, the tenant | 109 |
| is entitled to void the lease and to recover from the property | 110 |
| manager one month's rent or twice the actual damages, whichever is | 111 |
| greater, and all prepaid rent. This division does not preclude a | 112 |
| landlord from being held liable when a tenant does not receive the | 113 |
| written disclosure described in division (B) of this section. | 114 |
| (E) The rights and remedies provided in this section are in | 115 |
| addition to any other rights and remedies available under law. | 116 |
| Nothing in this section shall be construed to alter, limit, or | 117 |
| negate any other rights and remedies. | 118 |
| Section 2. That existing section 5321.04 of the Revised Code | 119 |
| is hereby repealed. | 120 |
| Section 3. Section 5321.20 of the Revised Code is hereby | 121 |
| repealed, effective January 1, 2018. Any right to recover that | 122 |
| accrues prior to that date continues in effect. The right to | 123 |
| recover accrues upon the violation of division (A) of section | 124 |
| 5321.20 of the Revised Code, even if the foreclosure action | 125 |
| continues after that date or the foreclosure sale occurs after | 126 |
| that date. | 127 |