A bill that would require landlords to conduct methamphetamine testing if they have a reasonable hunch their units have been contaminated met with fierce opposition from Utah's Realtor and apartment associations.
HB190, sponsored by Rep. Steve Mascaro, R-West Jordan, barely survived the extended debate that dominated the House Law Enforcement Committee Wednesday -- in spite of one woman's woeful account of how living in a contaminated apartment had impacted her family.
"My husband broke out in hives and we had a cold that never seemed to go away," Rachel Spencer said, relating that she also suffered a miscarriage and later gave birth to a daughter born with only half a heart.
"What we're asking is for people to just be reasonable," Spencer told lawmakers.
Current law requires action if property owners have "actual knowledge" of methamphetamine use or production in the home. That certainty usually comes when a tenant is either arrested or convicted on drug charges.
Mascaro's measure would require testing -- at a cost of $45 to $125 -- if a "reasonable" person suspected contamination.
"Every manager of every unit would have to test for meth to meet that standard" -- to avoid potential lawsuits, said Kirk Cullimore, a Sandy attorney who specializes in landlord law.
Craig Hawker of the Utah Association of Realtors argued that current law provides sufficient protection for sellers and buyers.
"Each seller is required by law to disclose property defects," Hawker said. "We can't guarantee they don't lie, but if they do, that's a criminal problem that we can't control."
Rep. Jen Seelig, D-Salt Lake City -- who said she owns rental property -- took Hawker to task.
"It seems to me that it's in the best interest of the property owner not to be aware of this and not to test," Seelig said. "If they're aware, they must disclose, so there's a financial incentive not to know."
Mascaro said he would not compromise the bill's language to the point of letting his constituents down.
Committee members voted to bring HB190 back for further discussion at a later date.
Trent Lowe contributed to this report.
