by: Barbara Hoberock
A measure aimed at cracking down on landlords who don’t address drug and gang activity involving their properties is making its way through the Oklahoma Legislature.
Senate Bill 2089 by Sen. Brian Crain, R-Tulsa, would allow civil action to be taken against landlords of multifamily dwellings with more than four families where habitual gang or drug activity occurs. Habitual would be defined as three or more criminal acts involving the arrest of any person engaged in gang or drug activity.
The measure, which would allow a tenant or district attorney to file suit, recently passed the Senate and now heads to the House. The Senate vote was 36-6.
A tenant would be allowed to recover “the cumulative amount of rent due from the time that the landlord knew or should have known of habitual gang or drug activity until the time such breach was cured,” according to the bill.
Crain, who is running for Tulsa County district attorney, said landlords of large complexes have a duty to their tenants to prevent drug and gang activity on their properties.
“We have some large apartment complexes in Tulsa County that are known for their gang and drug activities,” Crain said, adding that often the property owners live out of state.
“They get to see the rent checks,” he said. “They don’t get to see the harm being committed.”
The person suing would have the burden of showing that the landlord knew or should have known gang and/or drug activity was taking place, Crain said.
Senate Minority Leader Sean Burrage, D-Claremore, voted against the bill, saying some of the language was unclear.
“It may create lots of new causes of action in civil court,” Burrage said. “I don’t think it was clear what it was intending to do and could cause confusion in the courts and a potential to create what could be unnecessary and frivolous lawsuits.”
Tulsa Police Chief Chuck Jordan welcomed the measure.
Gang and drug activity at large Tulsa apartment complexes has been a growing problem, Jordan said.
“All too often, we in law enforcement encounter landlords who make little effort to provide a safe and secure environment for their tenants, and all too often criminal activity thrives in such an atmosphere,” he said. “Legislation that holds landlords accountable will be a valuable tool for the police.”
Source: tulsaworld
