ORDINANCE NO. ______
CITY OF NORTH LITTLE ROCK, ARKANSAS
AN ORDINANCE ESTABLISHING LANDLORD RESPONSIBILITIES AND TENANT
PROTECTIONS FOR RESIDENTIAL RENTAL PROPERTY; REQUIRING LOCAL CONTACT
INFORMATION; ESTABLISHING REQUIREMENTS FOR DISCLOSURE OF RENTAL FEES AND
RENT INCREASES; ESTABLISHING MINIMUM RESPONSE REQUIREMENTS FOR CERTAIN
HOUSING CONDITIONS; PROHIBITING RETALIATION AGAINST TENANTS; ESTABLISHING
A TENANT COMPLAINT AND ENFORCEMENT PROCESS; PROVIDING FOR
RECORDKEEPING AND ANNUAL PUBLIC REPORTING; PROVIDING FOR PENALTIES AND REMEDIES; AND FOR OTHER PURPOSES.
WHEREAS, the City of North Little Rock recognizes that safe, habitable, and properly maintained housing is
essential to the health, safety, stability, and welfare of residents;
WHEREAS, the City has an interest in ensuring that owners and operators of residential rental property
comply with applicable building, property-maintenance, nuisance-abatement, health, safety, and other laws;
WHEREAS, the City recognizes that tenants may experience difficulty obtaining timely responses from
property owners, landlords, managers, and out-of-area property representatives;
WHEREAS, the City desires to establish clear and predictable procedures for communication between
residential landlords and tenants and to improve the City & ability to identify, document, investigate, and
enforce violations involving residential rental property;
WHEREAS, the City recognizes the importance of protecting tenants who report unsafe or unlawful housing
conditions or otherwise exercise rights protected by law from retaliatory conduct;
WHEREAS, the City Council finds that establishing clear requirements for landlord contact information, fee
disclosures, rent-increase notices, repair responses, anti-retaliation protections, complaint tracking, and public
accountability serves the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH LITTLE
ROCK, ARKANSAS:
SECTION 1. PURPOSE AND INTENT
The purpose of this Ordinance is to promote safe, habitable, and properly maintained residential rental housing;
establish clear communication requirements between landlords and tenants; ensure that tenants and
the City can identify a responsible person for residential rental properties; require advance written disclosure
of rental-related fees and rent increases; establish reasonable response expectations for conditions that may
threaten health or safety; protect tenants from retaliation; establish a clear complaint and enforcement process;
and improve public accountability through annual reporting.
Nothing in this Ordinance shall be interpreted to diminish any right or remedy otherwise available to a
landlord or tenant under federal law, Arkansas law, an applicable lease, or another applicable City ordinance.
Safe and Habitable Housing Landlords shall maintain rental properties in compliance with applicable building codes and housing standards to ensure that rental units are safe and habitable. Essential services include: · Water
· Electricity
· Plumbing
· Heating and cooling systems
· Structural safety
· Mold-free living conditions
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Vermin free living conditions ( raccoons in roof etc.) in addition to Code Secs.54-39-54-65 Ratproofing.
SECTION 2. DEFINITIONS
“City” means the City of North Little Rock, Arkansas.
“Code Enforcement” means the City department or division designated by the Mayor or City Council to
administer and enforce applicable building, property-maintenance, nuisance-abatement, and rental-property
provisions.
“Dwelling Unit” means a room or group of rooms designed, intended, or used for residential occupancy.
“Landlord” means any person, corporation, partnership, limited liability company, trust, estate, or other legal
entity that owns, leases, rents, operates, manages, or otherwise has the right to control a residential rental
property.
“Property Manager” means a person or entity authorized by a landlord to manage, operate, lease, maintain, or
otherwise act on behalf of the landlord with respect to residential rental property.
“Residential Rental Property” means any dwelling unit, building, structure, or premises located within the City
that is offered or used as a residence in exchange for rent or other consideration.
“Tenant” means a person entitled under a rental agreement, lease, or other lawful arrangement to occupy a
residential rental property.
“Local Representative” means a person designated by a landlord to receive communications concerning a
residential rental property and who resides or maintains a regular place of business within seventy-five (75)
miles of North Little Rock.
“Emergency Condition” means a condition that presents an immediate threat to health, safety, or physical
security or an immediate risk of significant property damage, including active flooding, dangerous electrical
conditions, substantial sewage backup, suspected gas leak, immediate fire hazard, or another condition
determined by Code Enforcement to present an immediate threat.
“Serious Health or Safety Condition” means a condition that does not constitute an immediate emergency but
materially threatens the health or safety of an occupant if not promptly addressed.
“Retaliation” means an adverse action taken against a tenant because the tenant, in good faith, reports an
alleged housing violation; requests repairs or remediation; contacts or files a complaint with Code
Enforcement or another governmental agency; participates in lawful tenant advocacy; provides information to
a governmental investigator; exercises a right protected by law; or assists another tenant in exercising a
protected right. Retaliation includes unlawful termination, unlawful eviction proceedings, unlawful reduction
or denial of services, threats, harassment, intimidation, discriminatory treatment, or other materially adverse
action undertaken because of protected activity. A landlord may take an otherwise lawful action for a
legitimate reason unrelated to protected activity.
SECTION 3. APPLICABILITY
This Ordinance shall apply to residential rental property located within the corporate limits of the City.
A landlord who owns, operates, manages, or controls residential rental properties or
dwelling units within the City shall designate a Local Representative.
North Little Rock Landlord Responsibilities and Tenant Protections — Draft
A landlord owning, operating, managing, or controlling one (1) or two (2) residential rental properties shall
provide the City and tenants with a current mailing address, telephone number, and electronic mail address. If
such landlord& #39;s principal residence or principal place of business is more than seventy-five (75) miles from
North Little Rock, the landlord shall designate a Local Representative.
A property manager may satisfy the contact requirements when the property manager has written authority to
act on behalf of the landlord.
SECTION 4. LANDLORD AND LOCAL REPRESENTATIVE INFORMATION
Every landlord subject to this Ordinance shall provide current contact information to the City and each tenant,
including the landlord or legal entity name; property manager name, if applicable; Local Representative name,
when required; physical or mailing address; telephone number; electronic mail address; and a method for
reporting maintenance or health and safety concerns.
The information shall be provided before or at commencement of tenancy, whenever information changes, and
upon reasonable request by the tenant.
A landlord shall update the City's records within thirty (30) days after a change in required contact
information.
Enforcement of Sec. 18-481: Out-of-state owners of rental property.
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Privilege license required
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Registered agent certificate – required in present NLR City Codes.
SECTION 5. RESPONSIVENESS TO TENANTS
A landlord or designated representative shall maintain a reasonable method for receiving tenant
communications concerning maintenance, repairs, safety conditions, and other matters relating to the rental
property.
During regular business hours, the landlord or representative shall acknowledge or return a tenant's
maintenance-related communication within one (1) business day. This requirement does not require
completion of a repair within one business day unless another provision of this Ordinance or applicable law
requires it.
Emergency conditions shall be handled under Section 8.
SECTION 6. COMPLIANCE WITH CITY HOUSING CODES
All residential rental property shall comply with applicable provisions of the North Little Rock Building Code,
Nuisance Abatement Code, Property Maintenance Code, fire-safety requirements, and other applicable City
ordinances.
A landlord shall not knowingly maintain or permit a residential rental property to remain in violation of
applicable City housing and property-maintenance requirements.
Nothing in this Ordinance creates a defense to enforcement of an existing City code violation.
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Enforcement of : Secs.54-39—54-65.Reserved
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ARTICLE III.-RATPROOFING
SECTION 7. DISCLOSURE OF RENTAL FEES
Before requiring an applicant to pay an application fee, background-check fee, administrative fee, processing
fee, or other mandatory leasing-related charge, the landlord shall provide written disclosure of the amount,
purpose, refundability, and conditions under which the fee may be retained.
North Little Rock Landlord Responsibilities and Tenant Protections — Draft
A landlord shall not knowingly charge a mandatory rental-related fee that was not disclosed before payment.
This requirement does not prohibit a lawful fee otherwise permitted by federal or state law.
SECTION 8. REPAIRS AND RESPONSE TO HOUSING CONDITIONS
Upon receiving notice of an Emergency Condition, the landlord or representative shall acknowledge receipt as
soon as practicable and, when reasonably possible, within four (4) hours; take reasonable steps to protect
occupants from immediate danger; and commence appropriate corrective action within twenty-four (24) hours,
unless circumstances beyond the landlord's reasonable control make such action impossible.
Upon receiving written notice of a Serious Health or Safety Condition, the landlord shall acknowledge the
complaint within one (1) business day and commence reasonable corrective action within seventy-two (72)
hours.
For other conditions subject to correction under City housing or property-maintenance codes, the landlord
shall commence corrective action within fourteen (14) calendar days after written notice, unless a shorter
period is required by another applicable law or City code, Code Enforcement establishes a different deadline,
or the condition cannot reasonably be corrected within that period and the landlord is actively pursuing
correction.
Nothing in this Section limits Code Enforcement's authority to establish a different correction deadline when
authorized by law or necessary to protect public health or safety.
SECTION 9. WRITTEN NOTICE OF RENT INCREASES
Except where a different notice period is required by federal or state law, a landlord shall provide a tenant with
written notice of any increase in rent at least thirty (30) calendar days before the increased amount becomes
effective.
The notice shall state the current rental amount, new rental amount, effective date, and date notice was
provided.
Nothing in this Section establishes rent control, limits the amount of rent a landlord may lawfully charge, or
otherwise regulates rent except as expressly permitted by federal or state law. If Arkansas law establishes a
longer notice requirement, the longer requirement shall control.
SECTION 10. PROHIBITION AGAINST RETALIATION
A landlord shall not retaliate against a tenant for engaging in protected activity as defined by this Ordinance.
If a landlord takes an adverse action against a tenant within six (6) months after protected activity, a rebuttable
presumption of retaliation shall arise when the tenant establishes the protected activity and adverse action. The
landlord may rebut the presumption by demonstrating, by a preponderance of the evidence, that the action was
based upon a legitimate, non-retaliatory reason.
Prohibited retaliation includes increasing rent for a retaliatory purpose; terminating or attempting to terminate
tenancy for a retaliatory purpose; reducing services; threatening eviction; harassment or intimidation; refusing
otherwise required repairs; imposing discriminatory or selectively applied conditions; or reporting or
threatening to report a tenant to a governmental authority solely because the tenant exercised a protected right.
North Little Rock Landlord Responsibilities and Tenant Protections — Draft
This Section shall be interpreted consistently with applicable federal and Arkansas law.
SECTION 11. TENANT COMPLAINT PROCEDURE
The City shall establish a reasonably accessible process for submitting complaints concerning alleged
violations of this Ordinance or applicable City housing codes.
Complaints may be submitted through electronic, telephone, written, or other channels established by Code
Enforcement.
A complaint should include, when available, the property address; landlord or property manager name;
description of the alleged violation; relevant dates; photographs or documentation; communications with the
landlord; and complainant contact information.
The City shall make reasonable efforts to protect complainant information to the extent permitted by the
Arkansas Freedom of Information Act and other applicable law.
SECTION 12. INVESTIGATION AND ENFORCEMENT
Code Enforcement shall be the primary City department responsible for receiving, documenting, and referring
complaints arising under this Ordinance, unless another department is designated by the Mayor or City
Council.
Physical housing-condition violations shall be investigated and enforced under applicable City housing,
building, nuisance-abatement, or property-maintenance provisions.
Failure to provide required contact information, maintain current contact information, disclose required fees,
provide required rent-increase notice, or comply with another administrative requirement may constitute a
violation subject to Section 13.
Retaliation complaints shall be received and investigated through a written procedure addressing intake,
documentation of protected activity and alleged adverse action, relevant records, landlord response,
determination of City ordinance violations, and referral of matters outside City jurisdiction.
City investigation shall not prevent a tenant from pursuing an independent remedy under state or federal law.
SECTION 13. ENFORCEMENT AND PENALTIES
A violation may be enforced through any remedy authorized by applicable Arkansas law and City ordinance.
For a first administrative violation not involving an immediate health or safety threat, a written warning or
notice of violation may be issued.
A subsequent administrative violation occurring within twelve (12) months may be subject to a civil or
administrative penalty of up to $250 per violation, to the extent permitted by law.
A violation involving an Emergency Condition, intentional retaliation, repeated failure to correct a violation,
or knowing refusal to comply may be subject to a penalty of up to $500 per violation, to the extent permitted
by law.
Each day of a continuing violation may constitute a separate violation when authorized by applicable law.
North Little Rock Landlord Responsibilities and Tenant Protections — Draft
The City may pursue other remedies authorized by law, including administrative enforcement, civil action,
injunctive relief, abatement, or referral to another governmental authority.
Nothing in this Section authorizes a penalty exceeding the City's authority under Arkansas law.
SECTION 14. TENANT REMEDIES
Nothing in this Ordinance creates an exclusive remedy. A tenant may continue to exercise rights available
under federal law, Arkansas law – Arkansas 1874 Constitution , a lease, existing City ordinances, or other applicable authority.
Where authorized by law, evidence of an ordinance violation may be considered in determining whether
another lawful remedy or enforcement action is appropriate.
SECTION 15. RECORDKEEPING
The City shall maintain records of complaints and enforcement activity in accordance with applicable records-
retention requirements.
Records should identify, to the extent available, the property address; complaint nature; date received;
inspection or investigation date; violations; notices; corrective action; compliance date; enforcement action;
and final disposition.
Personally identifying information concerning tenants shall not be included in public reports except as
permitted or required by applicable law.
SECTION 16. ANNUAL PUBLIC ACCOUNTABILITY REPORT
Code Enforcement shall submit an annual report to the City Council concerning implementation of this
Ordinance.
The report shall include, to the extent available: rental-property complaints; inspections; categories of
violations; Emergency Conditions; Serious Health or Safety Conditions; notices of violation; administrative
violations; retaliation complaints; substantiated complaints; referrals; properties brought into compliance;
penalties assessed or collected; and average time from complaint to inspection, enforcement action, and
resolution when reasonably available.
The report shall be presented at a regularly scheduled City Council meeting and made publicly available
through the City's normal public-information channels.
SECTION 17. TENANT EDUCATION
The City is encouraged to develop or make available plain-language educational materials explaining tenant
rights and responsibilities, landlord responsibilities, how to report housing-code violations, how to document
unsafe conditions, how to submit a complaint, what constitutes prohibited retaliation, and available tenant
resources.
Materials should, when practicable, be available electronically and in commonly used languages within the
City.
North Little Rock Landlord Responsibilities and Tenant Protections — Draft
SECTION 18. NOTICE OF RIGHTS
A landlord subject to this Ordinance shall provide tenants with written notice summarizing tenant rights under
this Ordinance, including landlord/property-manager contact information, the method for reporting
maintenance concerns, information regarding the City's complaint process, the prohibition against retaliation,
and required rent-increase and fee disclosures.
The City may develop a standard notice form for use by landlords.
SECTION 19. EXCEPTIONS AND CONFLICTS WITH OTHER LAW
This Ordinance shall be interpreted and enforced to the maximum extent permitted by federal and Arkansas
law.
If any provision conflicts with a mandatory federal or state provision, the controlling federal or state provision
shall govern and the remaining provisions shall remain effective to the fullest extent permitted by law.
Nothing in this Ordinance establishes rent control, impairs a lawful termination of tenancy, alters eviction
procedures, authorizes regulation preempted by state or federal law, or restricts rights protected by federal or
state law.
SECTION 20. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held invalid or
unconstitutional by a court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions.
SECTION 21. ADMINISTRATIVE RULES
The appropriate City department may promulgate reasonable administrative procedures, forms, and guidelines
necessary to implement this Ordinance, provided they are consistent with this Ordinance and applicable law.
SECTION 22. EFFECTIVE DATE
This Ordinance shall become effective upon passage, approval, and publication as required by law.
SECTION 23. CODIFICATION
The City Clerk and appropriate City officials are authorized and directed to incorporate this Ordinance into the
North Little Rock Municipal Code in the appropriate location and to make technical and nonsubstantive
changes necessary for codification.