§6030-F. Firearms in federally subsidized housing
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Firearm" has the same meaning as in Title 12, section 10001, subsection 21. [PL 2015, c. 455, §1 (NEW).]
B. "Rental agreement" means an agreement, written or oral, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. [PL 2015, c. 455, §1 (NEW).]
C. "Subsidized apartment" means a rental unit for which the landlord receives rental assistance payments under a rental assistance agreement administered by the United States Department of Agriculture under the multifamily housing rental assistance program under Title V of the federal Housing Act of 1949 or receives housing assistance payments under a housing assistance payment contract administered by the United States Department of Housing and Urban Development under the housing choice voucher program, the new construction program, the substantial rehabilitation program or the moderate rehabilitation program under Section 8 of the United States Housing Act of 1937. "Subsidized apartment" does not include owner-occupied housing accommodations of 4 units or fewer. [PL 2015, c. 455, §1 (NEW).]
[PL 2015, c. 455, §1 (NEW).]
2. Prohibition or restriction on firearms prohibited. A rental agreement for a subsidized apartment may not contain a provision or impose a rule that requires a person to agree, as a condition of tenancy, to a prohibition or restriction on the lawful ownership, use or possession of a firearm, a firearm component or ammunition within the tenant's specific rental unit. A landlord may impose reasonable restrictions related to the possession, use or transport of a firearm, a firearm component or ammunition within common areas as long as those restrictions do not circumvent the purpose of this subsection. A tenant shall exercise reasonable care in the storage of a firearm, a firearm component or ammunition.
[PL 2015, c. 455, §1 (NEW).]
3. Damages; attorney's fees. If a landlord brings an action to enforce a provision or rule prohibited under subsection 2, a tenant, tenant's household member or guest may recover actual damages sustained by that tenant, tenant's household member or guest and reasonable attorney's fees.
[PL 2015, c. 455, §1 (NEW).]
4. Immunity. Except in cases of willful, reckless or gross negligence, a landlord is not liable in a civil action for personal injury, death, property damage or other damages resulting from or arising out of an occurrence involving a firearm, a firearm component or ammunition that the landlord is required to allow on the property under this section.
[PL 2015, c. 455, §1 (NEW).]
5. Exception. This section does not apply to any prohibition or restriction that is required by federal or state law, rule or regulation.
[PL 2015, c. 455, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 455, §1 (NEW). RR 2017, c. 1, §8 (COR).