An act TO PROVIDE THAT LOCAL GOVERNMENTAL UNITS SHALL 10 HAVE NO AUTHORITY TO REGULATE OR CONTROL THE AMOUNT 11 CHARGED FOR A RENTAL APPLICATION FEE OR RENTAL 12 DEPOSIT FOR PRIVATE RESIDENTIAL OR COMMERCIAL 13 PROPERTY, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                     As Engrossed: S2/17/25
2 95th General Assembly
                                              A Bill

3 Regular Session, 2025                                            SENATE BILL 91

4

5 By: Senators C. Penzo, J. Bryant

6 By: Representatives Ray, B. McKenzie

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8                                   For An Act To Be Entitled

9   AN ACT TO PROVIDE THAT LOCAL GOVERNMENTAL UNITS SHALL

10  HAVE NO AUTHORITY TO REGULATE OR CONTROL THE AMOUNT

11  CHARGED FOR A RENTAL APPLICATION FEE OR RENTAL

12  DEPOSIT FOR PRIVATE RESIDENTIAL OR COMMERCIAL

13  PROPERTY; AND FOR OTHER PURPOSES.

14

15

16                                      Subtitle

17                       TO PROVIDE THAT LOCAL GOVERNMENTAL UNITS

18                       SHALL HAVE NO AUTHORITY TO REGULATE OR

19                       CONTROL THE AMOUNT CHARGED FOR A RENTAL

20                       APPLICATION FEE OR RENTAL DEPOSIT FOR

21                       PRIVATE RESIDENTIAL OR COMMERCIAL

22                       PROPERTY.

23

24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

25

26  SECTION 1. Arkansas Code � 14-16-601 is amended to read as follows:

27  14-16-601. Rent, rental application fee, and rental deposit control

28 preemption -- Definition.

29  (a) As used in this section, "local governmental unit" means a

30 political subdivision of this state, including, but not limited to, without

31 limitation a county, city, village, or township, if the political subdivision

32 provides local government services for residents in a geographically limited

33 area of this state as its primary purpose and has the power to act primarily

34 on behalf of that area.

35  (b)(1) A As to leasing private residential or commercial property, and

36 except as provided under � 18-16-304, a local governmental unit shall not

    *LJH008*                                                       02-17-2025 11:10:20 LJH008
    As Engrossed: S2/17/25                                                    SB91

1 enact, maintain, or enforce an ordinance or resolution that would have the

2 effect of controlling the amount of rent charged for: leasing private

3 residential or commercial property

4                           (A) Rent;

5                           (B) Rental application fees; or

6                           (C) Rental deposits.

7   (2) The preemption against rent, rental application fees, and

8 rental deposit control in subdivision (b)(1) of this section applies to all:

9                           (A) Landlords;

10                          (B) Property owners;

11                          (C) Property managers;

12                          (D) Tenants;

13                          (E) Prospective tenants; and

14                          (F) Real estate companies doing business in the

15 State of Arkansas.

16  (c) This section does not impair the right of any local governmental

17 unit to manage and control residential property in which the local

18 governmental unit has a property interest.

19

20  SECTION 2. Arkansas Code � 14-54-1409 is amended to read as follows:

21  14-54-1409. Rent, rental application fee, and rental deposit control

22 preemption -- Definition.

23  (a) As used in this section, "local governmental unit" means a

24 political subdivision of this state, including, but not limited to, without

25 limitation a county, city, village, or township, if the political subdivision

26 provides local government services for residents in a geographically limited

27 area of this state as its primary purpose and has the power to act primarily

28 on behalf of that area.

29  (b)(1) A As to leasing private residential or commercial property, and

30 except as provided under � 18-16-304, a local governmental unit shall not

31 enact, maintain, or enforce an ordinance or resolution that would have the

32 effect of controlling the amount of rent charged for: leasing private

33 residential or commercial property

34                          (A) Rent;

35                          (B) Rental application fees; or

36                          (C) Rental deposits.

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    As Engrossed: S2/17/25                                                   SB91

1   (2) The preemption against rent, rental application fees, and

2 rental deposit control in subdivision (b)(1) of this section applies to all:

3                           (A) Landlords;

4                           (B) Property owners;

5                           (C) Property managers;

6                           (D) Tenants;

7                           (E) Prospective tenants; and

8                           (F) Real estate companies doing business in the

9 State of Arkansas.

10  (c) This section does not impair the right of any local governmental

11 unit to manage and control residential property in which the local

12 governmental unit has a property interest.

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14                          /s/C. Penzo

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