Blog Ohio Real Estate Law / 09.14.2015

Recent Real Estate Legislation Introduced in the Ohio Legislature

Recent bills of the 131st General Assembly  (See https://www.legislature.ohio.gov/) pending in the Ohio House and Ohio Senate related to real property are as follows:

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HB 134 – https://www.legislature.ohio.gov/legislation/legislation-status?id=GA131-HB-134

To amend sections 323.47, 1901.18, 1901.185, 2303.26, 2329.01, 2329.02, 2329.20, 2329.21, 2329.23, 2329.26, 2329.30, 2329.31, 2329.33, 2329.52, and 2909.07 and to enact sections 2308.01 to 2308.04, 2329.211, and 2329.311 of the Revised Code to establish summary actions to foreclose mortgages on vacant and abandoned residential properties and to make other changes relative to residential foreclosure actions. Status- Referred to Local Government Committee. 

To amend sections 3745.13 and 4745.01 and to enact sections 3744.01, 3744.02, 3744.03, 3744.04, 3744.06, 3744.09, 3744.12, 3744.13, 3744.15, 3744.16, 3744.17, 3744.18, 3744.20, and 5302.31 of the Revised Code to provide for the remediation of real property on which an illegal methamphetamine manufacturing laboratory has been discovered. Status– Referred to Judiciary Committee.

HB 149 – https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-149

To amend sections 4112.02, 4112.05, 4112.08, and 4112.14 and to enact section 4112.024 of the Revised Code to make permissive actual damages and attorney’s fees, to limit certain civil penalties, to allow respondents to recover attorney’s fees in certain instances, and to exempt certain landlords from the housing provisions of the Ohio Civil Rights Law. Status– Referred to Financial Institutions, Housing, and Urban Development Committee. 

To amend sections 1509.02, 1509.071, 1509.11, 1509.34, 1509.50, 1513.08, 1513.182, 1514.11, 5747.98, 5749.01, 5749.02, 5749.06, 5749.11, and 5751.01 and to enact sections 164.29, 190.01, 190.02, 190.03, 190.04, 190.05, 321.50, 321.51, 505.96, 1509.075, 3737.15, 3745.50, 5501.37, 5747.56, 5747.63, and 5749.18 of the Revised Code to change the basis, rates, and revenue distribution of the severance tax on oil and gas, to create a grant program to encourage compressed natural gas as a motor vehicle fuel, to authorize an income tax credit for landowners holding an oil or gas royalty interest, and to exclude some oil and gas sale receipts from the commercial activity tax base. Status– Referred to Ways and Means Committee.

To amend sections 715.72, 715.79, 715.80, 715.81, 715.82, 715.83, 5709.61, 5709.62, 5709.63, 5709.632, 5709.82, 5733.06, 5733.41, 5747.02, and 5747.41 and to repeal sections 715.73, 715.74, 715.75, 715.76, 715.761, 715.77, 715.771, and 715.78 of the Revised Code to revise the law governing the creation and operation of joint economic development districts (JEDDs) and enterprise zones. Status– Referred to Economic and Workforce Development Committee.
To amend sections 5311.18 and 5312.12 of the Revised Code to provide that a portion of a condominium or planned community assessment is prior to other liens on condominium units and planned community lots and to provide that a condominium unit owner’s association lien is a continuing lien. Status– Referred to Commerce and Labor Committee. 

To amend section 5715.19 of the Revised Code to require counties, municipal corporations, townships, and school boards that file complaints against the valuation of property they do not own to pass a resolution approving the complaint and specifying the compensation paid to any person retained to represent the county, municipal corporation, township, or school board in the matter of the complaint. Status- Referred to Local Government Committee. 

To amend sections 133.04, 133.06, 709.024, 709.19, 3317.021, 5501.311, 5709.12, 5709.82, 5709.83, 5709.831, 5709.832, 5709.85, 5709.91, 5709.911, 5709.913, and 5715.27 and to enact sections 1710.14, 1724.12, 5709.45, 5709.46, and 5709.47 of the Revised Code to authorize municipal corporations to create downtown redevelopment districts and innovation districts for the purposes of promoting the rehabilitation of historic buildings, creating jobs, encouraging economic development in commercial and mixed-use areas, and supporting grants and loans to technology-oriented and other businesses. Status- Referred to Government Accountability and Oversight Committee.
To amend section 5120.092 and to enact section 5120.80 of the Revised Code to allow the Director of Budget and Management to transfer funds from the Adult and Juvenile Correctional Facilities Bond Retirement Fund to any fund created in the state treasury administered by the Department of Rehabilitation and Correction or the Department of Youth Services, to create the Community Programs Fund, and to authorize the conveyance of state-owned real property. Status- Referred to House Government and Accountability Committee.

HB-273 – https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-273

To amend sections 1923.12, 1923.13, and 1923.14 and to enact section 4781.56 of the Revised Code regarding the removal of abandoned or unoccupied manufactured homes, mobile homes, or recreational vehicles from manufactured home parks. Status- Legislation introduced.

 

To amend section 2323.13 of the Revised Code to require notice and an opportunity for a hearing to a defendant before entry of judgment pursuant to a confession of judgment. Status- Legislation introduced.
To amend sections 307.699, 3735.67, 5715.19, 5715.27, and 5717.01 of the Revised Code to limit the right to initiate most types of property tax complaints to the property owner and the county recorder of the county in which the property is located. “The board of county commissioners, the prosecuting attorney or treasurer of the county, the board of township trustees of any township with territory within the county, the board of education of any school district with any territory in the county, or the mayor or legislative authority of any municipal corporation with any territory in the county may file such a complaint only as a counterclaim to a complaint filed by the property owner, the property owner’s spouse, or an individual retained by the property owner or the property owner’s spouse who is authorized to file a complaint under this section.” Status- Referred to Ways and Means Committee.

SB 96 – https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-SB-96

To amend section 5715.39 of the Revised Code to waive any penalty due with respect to unpaid property taxes resulting when a mortgage lender fails to notify the county auditor of a satisfied mortgage. Status- Referred to State and Local Government Committee. 

SB 201- https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-SB-201

To amend section 3767.01 of the Revised Code to expand nuisance law to apply to any real property, including vacant land, on which an offense of violence has occurred or is occurring. Status– Legislation introduced.