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Sunday, April 20, 2025

Rep. Loudermilk reintroduces bill on state control over eviction laws

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Representative Barry Loudermilk, US Representative for Georgia's 11th District | Official website

Representative Barry Loudermilk, US Representative for Georgia's 11th District | Official website

Rep. Barry Loudermilk of Georgia has reintroduced the Respect State Housing Laws Act in the 119th Congress, aiming to address a provision from the Coronavirus Aid, Relief, and Economic Security (CARES) Act that affects eviction notice requirements. The provision mandates landlords to give tenants a 30-day notice before initiating eviction proceedings, a measure originally intended as temporary but inadvertently made permanent due to a drafting error.

Loudermilk expressed concerns about this federal requirement overriding state laws, which typically require an average of eight days' notice. He stated, "This federal overreach in the eviction process has caused immeasurable suffering for veterans, retirees, and families who depend on rental income to make ends meet." He emphasized the need to return housing policy control back to states.

The bill is supported by Rep. Tracey Mann of Kansas, who remarked on the temporary nature of pandemic-related measures: "Emergency measures taken during the pandemic were always meant to be temporary, not permanent." Mann supports returning jurisdiction over eviction notices back to states.

Robert Pinnegar from the National Apartment Association highlighted challenges faced by housing providers due to federal regulations: "Unnecessary and duplicative federal intrusion into complex state and local law amplifies the financial and operational challenges housing providers across our country continue to face."

Gail Phillips from the National Association of Residential Property Managers added that evictions are a last resort for professional housing providers. Sharon Wilson Géno from the National Multifamily Housing Council noted that federal oversight complicates established legal processes at state levels.

The bill's original co-sponsors include several representatives from various states such as Texas, Florida, Kentucky, South Carolina, Georgia, Tennessee, North Carolina, Wisconsin, Arizona, Arkansas, and Minnesota.

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