H. B. No. 161 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 161

Representative Raussen

Cosponsors: Representatives McGregor, J., Setzer, White, Collier, Fessler, Williams, S., Bubp, DeGeeter, Domenick, Fende, Budish

A BILL

To enact section 5321.171 of the Revised Code to 1
permit a tenant to terminate a residential rental 2
agreement without penalty if the tenant or the 3
tenant's spouse is 62 years of age or older and, 4
for medical reasons, enters a nursing home or 5
other specified care facility. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 5321.171 of the Revised Code be 7
enacted to read as follows: 8

       Sec. 5321.171. (A) As used in this section: 9

       (1) "Adult care facility" has the same meaning as in section 10
3722.01 of the Revised Code except that it includes a nursing 11
home, residential care facility, or home for the aging. 12

       (2) "Family member" means an individual who is related by 13
blood or marriage to a tenant or to the spouse of a tenant. 14

       (3) "Home for the aging," "nursing home," and "residential 15
care facility" have the same meanings as in section 3721.01 of the 16
Revised Code. 17

       (B) A tenant may terminate a rental agreement for the use and 18
occupancy of residential premises pursuant to this section if all 19
of the following apply: 20

       (1) The tenant or the spouse of the tenant is sixty-two years 21
of age or older. 22

       (2) The tenant or the spouse of the tenant, for medical 23
reasons, no longer is able to live independently in the 24
residential premises that is the subject of the rental agreement 25
and requires assistance with the instrumental activities of daily 26
living or the personal activities of daily living. 27

       (3) The tenant or the spouse of the tenant is moving into any 28
of the following: 29

       (a) A nursing home, residential care facility, or home for 30
the aging; 31

       (b) A facility authorized to provide extended care services 32
under Title XVIII of the "Social Security Act," 49 Stat. 620 33
(1935), 42 U.S.C. 301, as amended; 34

       (c) A county home or district home operated pursuant to 35
Chapter 5155. of the Revised Code; 36

       (d) An adult care facility; 37

       (e) A community residential care facility approved by the 38
secretary of the department of veterans affairs under section 39
104(a) of the "Veterans Health Care Amendments of 1983," 97 Stat. 40
993, 38 U.S.C. 1730, as amended, and used exclusively for the 41
placement and care of veterans; 42

       (f) An adult foster home certified under section 173.36 of 43
the Revised Code; 44

       (g) The home of a family member of the tenant who is not the 45
spouse of the tenant or the home of a family member of the spouse 46
of the tenant, if the move is expected to be for a period of six 47
months or more. 48

       (C) In order to terminate a rental agreement pursuant to this 49
section, subject to division (F) of this section, the tenant shall 50
provide a written notice of termination to the person to whom the 51
tenant normally pays the rent under the rental agreement or to the 52
place where the tenant normally pays or sends that rent. The 53
tenant shall attach the following to the notice of termination: 54

       (1) A certification by a physician certifying that the tenant 55
or the spouse of the tenant is sixty-two years of age or older and 56
the tenant or the spouse of the tenant, for medical reasons, no 57
longer is able to live independently in the residential premises 58
that is the subject of the rental agreement and requires 59
assistance with the instrumental activities of daily living or the 60
personal activities of daily living; 61

       (2) If the tenant or the spouse of the tenant is moving into 62
a home or facility described in divisions (B)(3)(a) to (f) of this 63
section, evidence of admission or pending admission to that home 64
or facility. That evidence may be a letter of admission or pending 65
admission to the home or facility signed by the administrator of 66
the home or facility or a copy of a lease or other contract 67
entered into by the tenant or the spouse of the tenant evidencing 68
the tenant's or spouse's admission or pending admission to the 69
home or facility. 70

       (3) If the tenant or the spouse of the tenant is moving into 71
the home of a family member as described in division (B)(3)(g) of 72
this section, a notarized statement of the family member stating 73
that the tenant or the spouse of the tenant is related by blood or 74
marriage to the family member and will be moving into the home of 75
the family member for a period of not less than six months. 76

       (D)(1) The termination date of a rental agreement that is 77
terminated pursuant to this section shall be the next date on 78
which the rent under the rental agreement is due that is at least 79
thirty days subsequent to the receipt of the written notice of 80
termination described in division (C) of this section. The notice 81
of termination is considered received five days after the notice 82
is mailed or upon personal delivery of the notice. 83

       (2) The landlord under the rental agreement that is 84
terminated pursuant to this section is responsible for complying 85
with the obligations of a landlord related to the termination of a 86
rental agreement under this chapter, including, but not limited 87
to, the return of any security deposit pursuant to section 5321.16 88
of the Revised Code. 89

       (3) The tenant under the rental agreement that is terminated 90
pursuant to this section is not responsible for any rent or fees 91
that accrue on or after the termination date of the rental 92
agreement described in division (D)(1) of this section. 93

        (E)(1) Each written rental agreement shall contain an 94
addendum notice of the tenant's right to terminate the existing 95
rental agreement pursuant to this section. In the case of an oral 96
rental agreement, the landlord shall deliver to the tenant at the 97
time of the tenant's initial occupancy of the residential premises 98
that is the subject of the oral rental agreement a written notice 99
of the tenant's right to terminate the existing rental agreement 100
pursuant to this section. 101

       (2) The addendum notice and the written notice described in 102
division (E)(1) of this section shall be printed or typed in 103
capital letters and not less than fourteen-point type and shall be 104
substantially in the following form: 105

"Notice to senior citizens 106

Termination of residential rental agreement 107

       1. You may terminate this rental agreement early without 108
penalty if you or your spouse is sixty-two (62) years of age or 109
older and, for medical reasons, is moving into any of the 110
following: 111

       a. A "nursing home," "residential care facility," or "home 112
for the aging" as defined in section 3721.01 of the Revised Code; 113

       b. A facility authorized to provide extended care services 114
under Title XVIII of the "Social Security Act," 42 U.S. Code 301; 115

       c. A county home or district home operated pursuant to 116
Chapter 5155. of the Revised Code; 117

       d. An "adult care facility" as defined in section 3722.01 of 118
the Revised Code; 119

       e. A community residential care facility approved by the 120
secretary of the department of veterans affairs under section 121
104(a) of the "Veterans Health Care Amendments of 1983," 38 U.S. 122
Code 1730, and used exclusively for the placement and care of 123
veterans; 124

       f. An adult foster home certified under section 173.36 of the 125
Revised Code; 126

       g. The home of a family member, other than your spouse, who 127
is related to you or your spouse by blood or marriage, if the move 128
is expected to be for a period of six (6) months or more. 129

       2. To terminate the rental agreement, send a written notice 130
to the person to whom you normally pay your rent or to the place 131
where you normally pay or send your rent, stating that you are 132
terminating the rental agreement because you or your spouse must 133
move due to medical reasons. Attach the following to that notice: 134

       a. A statement of a physician certifying that the person 135
moving into a home or facility described in paragraphs 1.a. to f., 136
above, or into a family member's home as described in paragraph 137
1.g., above, is sixty-two (62) years of age or older and, for 138
medical reasons, no longer is able to live independently in the 139
residential premises covered by the rental agreement and requires 140
assistance with the instrumental activities or personal activities 141
of daily living; 142

       b. If the move is into a home or facility described in 143
paragraphs 1.a. to f., above, documentation evidencing admission 144
or pending admission to the home or facility. This documentation 145
may be a letter signed by the administrator of the home or 146
facility or a copy of a lease or other contract with the home or 147
facility. 148

       c. If the move is into the home of a family member described 149
in paragraph 1.g., above, a notarized statement of the family 150
member stating that you or your spouse is related by blood or 151
marriage to the family member and will be moving into the family 152
member's home for a period of not less than six (6) months. 153

       3. Your rental agreement will terminate on the next date upon 154
which rent is due that is at least thirty (30) days after your 155
notice of termination is received. Your notice of termination will 156
be considered received when personally delivered or five (5) days 157
after mailing." 158

       (F) If a written rental agreement does not contain an 159
addendum notice required under division (E)(1) of this section or 160
if, in the case of an oral rental agreement, the landlord does not 161
deliver to the tenant the written notice required under that 162
division, notwithstanding any provision of the rental agreement or 163
any provision in this chapter, a tenant may terminate the rental 164
agreement under the circumstances described in division (B) of 165
this section without providing the written notice of termination 166
and attachments under division (C) of this section. 167

Section 1. That section 5321.171 of the Revised Code be	7
enacted to read as follows:	8

(1) "Adult care facility" has the same meaning as in section	10
3722.01 of the Revised Code except that it includes a nursing	11
home, residential care facility, or home for the aging.	12

(2) "Family member" means an individual who is related by	13
blood or marriage to a tenant or to the spouse of a tenant.	14

(3) "Home for the aging," "nursing home," and "residential	15
care facility" have the same meanings as in section 3721.01 of the	16
Revised Code.	17

(B) A tenant may terminate a rental agreement for the use and	18
occupancy of residential premises pursuant to this section if all	19
of the following apply:	20

(1) The tenant or the spouse of the tenant is sixty-two years	21
of age or older.	22

(2) The tenant or the spouse of the tenant, for medical	23
reasons, no longer is able to live independently in the	24
residential premises that is the subject of the rental agreement	25
and requires assistance with the instrumental activities of daily	26
living or the personal activities of daily living.	27

(3) The tenant or the spouse of the tenant is moving into any	28
of the following:	29

(a) A nursing home, residential care facility, or home for	30
the aging;	31

(b) A facility authorized to provide extended care services	32
under Title XVIII of the "Social Security Act," 49 Stat. 620	33
(1935), 42 U.S.C. 301, as amended;	34

(c) A county home or district home operated pursuant to	35
Chapter 5155. of the Revised Code;	36

(e) A community residential care facility approved by the	38
secretary of the department of veterans affairs under section	39
104(a) of the "Veterans Health Care Amendments of 1983," 97 Stat.	40
993, 38 U.S.C. 1730, as amended, and used exclusively for the	41
placement and care of veterans;	42

(f) An adult foster home certified under section 173.36 of	43
the Revised Code;	44

(g) The home of a family member of the tenant who is not the	45
spouse of the tenant or the home of a family member of the spouse	46
of the tenant, if the move is expected to be for a period of six	47
months or more.	48

(C) In order to terminate a rental agreement pursuant to this	49
section, subject to division (F) of this section, the tenant shall	50
provide a written notice of termination to the person to whom the	51
tenant normally pays the rent under the rental agreement or to the	52
place where the tenant normally pays or sends that rent. The	53
tenant shall attach the following to the notice of termination:	54

(1) A certification by a physician certifying that the tenant	55
or the spouse of the tenant is sixty-two years of age or older and	56
the tenant or the spouse of the tenant, for medical reasons, no	57
longer is able to live independently in the residential premises	58
that is the subject of the rental agreement and requires	59
assistance with the instrumental activities of daily living or the	60
personal activities of daily living;	61

(2) If the tenant or the spouse of the tenant is moving into	62
a home or facility described in divisions (B)(3)(a) to (f) of this	63
section, evidence of admission or pending admission to that home	64
or facility. That evidence may be a letter of admission or pending	65
admission to the home or facility signed by the administrator of	66
the home or facility or a copy of a lease or other contract	67
entered into by the tenant or the spouse of the tenant evidencing	68
the tenant's or spouse's admission or pending admission to the	69
home or facility.	70

(3) If the tenant or the spouse of the tenant is moving into	71
the home of a family member as described in division (B)(3)(g) of	72
this section, a notarized statement of the family member stating	73
that the tenant or the spouse of the tenant is related by blood or	74
marriage to the family member and will be moving into the home of	75
the family member for a period of not less than six months.	76

(D)(1) The termination date of a rental agreement that is	77
terminated pursuant to this section shall be the next date on	78
which the rent under the rental agreement is due that is at least	79
thirty days subsequent to the receipt of the written notice of	80
termination described in division (C) of this section. The notice	81
of termination is considered received five days after the notice	82
is mailed or upon personal delivery of the notice.	83

(2) The landlord under the rental agreement that is	84
terminated pursuant to this section is responsible for complying	85
with the obligations of a landlord related to the termination of a	86
rental agreement under this chapter, including, but not limited	87
to, the return of any security deposit pursuant to section 5321.16	88
of the Revised Code.	89

(3) The tenant under the rental agreement that is terminated	90
pursuant to this section is not responsible for any rent or fees	91
that accrue on or after the termination date of the rental	92
agreement described in division (D)(1) of this section.	93

(E)(1) Each written rental agreement shall contain an	94
addendum notice of the tenant's right to terminate the existing	95
rental agreement pursuant to this section. In the case of an oral	96
rental agreement, the landlord shall deliver to the tenant at the	97
time of the tenant's initial occupancy of the residential premises	98
that is the subject of the oral rental agreement a written notice	99
of the tenant's right to terminate the existing rental agreement	100
pursuant to this section.	101

(2) The addendum notice and the written notice described in	102
division (E)(1) of this section shall be printed or typed in	103
capital letters and not less than fourteen-point type and shall be	104
substantially in the following form:	105

1. You may terminate this rental agreement early without	108
penalty if you or your spouse is sixty-two (62) years of age or	109
older and, for medical reasons, is moving into any of the	110
following:	111

a. A "nursing home," "residential care facility," or "home	112
for the aging" as defined in section 3721.01 of the Revised Code;	113

b. A facility authorized to provide extended care services	114
under Title XVIII of the "Social Security Act," 42 U.S. Code 301;	115

c. A county home or district home operated pursuant to	116
Chapter 5155. of the Revised Code;	117

d. An "adult care facility" as defined in section 3722.01 of	118
the Revised Code;	119

e. A community residential care facility approved by the	120
secretary of the department of veterans affairs under section	121
104(a) of the "Veterans Health Care Amendments of 1983," 38 U.S.	122
Code 1730, and used exclusively for the placement and care of	123
veterans;	124

f. An adult foster home certified under section 173.36 of the	125
Revised Code;	126