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Bill Summary · HB 855

Summary of HB 855 (Ohio Safe Homes Act)

Purpose and intent

  • Establishes the Ohio Safe Homes Act to protect tenants who are victims of specified crimes, by providing an option to terminate a rental agreement.
  • Seeks to incentivize landlords to rent to tenants who are crime victims by authorizing a state income tax credit to landlords who terminated a qualifying rental agreement under the Act.

Key provisions and changes

  • Termination rights for victims (Section 5321.172)

    • A tenant who is an alleged victim of rape, domestic violence, dating violence, abuse, or a sexually oriented offense may terminate the rental agreement or request replacement locks, or both, under certain conditions.
    • A qualifying protection order (or written record from a qualified third party) triggers the termination/right to replacement locks.
    • Written notice requirements: tenant must notify landlord of termination date and provide a certified copy of the protection order or written record within 30 days of the termination notice.
    • Replacement locks: tenant may request replacement locks at their expense; landlord may install within 24 hours of the request; landlord may charge up to $250 for installation.
    • Access to keys: landlord may refuse to provide keys to a named individual subject to the protection order.
    • Co-tenants: co-tenants may terminate, procure a new tenant within 30 days, or assume the lease; otherwise, the original tenant remains liable for early termination penalties unless the plan is a simultaneous termination.
    • Security deposits and possession: landlord must return security deposit consistent with existing law, subject to any applicable deductions; no early termination penalties or fee charges for the terminating tenant.
    • Privacy and disclosures: landlords cannot disclose relocation details or indicate that a tenant terminated for safety reasons except as required by law.

  • Protections against retaliation (Section 5321.02)

    • Prohibits retaliatory actions by landlords (e.g., raising rent, reducing services, or starting eviction proceedings) in response to a tenant’s complaint about building, housing, health, or safety code violations, or related to protective actions (e.g., reporting violations, joining tenant groups, or giving notice under the Act).
    • If retaliation occurs, tenants may use it as a defense to eviction, recover possession, or terminate the rental agreement, and may recover damages and attorney’s fees.

  • Tax credit for landlords (Section 5747.35)

    • Establishes a nonrefundable income tax credit for landlords who terminate a rental agreement under 5321.172.
    • Credit amount: the lesser of $2,000 or one month’s rent for each qualifying termination in a tax year.
    • For pass-through entities, distributive shares apply to the individual members.
    • The credit claims order follows existing Ohio tax credit sequencing; excess credits may be carried forward to subsequent years as allowed.

  • Administrative and sequencing provisions (Sections 5747.98, 5747.35)

    • Sets the order in which credits are applied against tax liability and clarifies carryforward rules for any excess credit.

Who would be affected

  • Tenants:

    • Victims of specified crimes (rape, domestic violence, dating violence, abuse, or sexually oriented offenses) who are renting from a landlord.
    • Eligible to terminate a lease with notice and provide required protective order or written record.
    • May request replacement locks and have protections around the confidentiality of safety-related information.

  • Landlords:

    • Potentially subject to termination requests under the Act and to the tax credit provision if they terminate a lease under the specified conditions.
    • Must comply with replacement-lock timelines and privacy requirements, and ensure safe handling of information related to the protected tenant.

  • Co-tenants:

    • May terminate or sub-tenant or assume the lease in coordination with the protected tenant, subject to the act’s terms.

Procedural and timeline aspects

  • Effective date: Tax credit provision (5747.35) applies to taxable years ending on or after the act’s effective date.
  • Termination procedure requires:
    • 30-day notice to vacate for the terminating tenant.
    • Certified protection order or a written record from a qualified third party delivered to the landlord.
  • Replacement-lock process:
    • Landlord must install replacement locks within 24 hours of request.
    • Installation cost capped at $250.
  • Privacy protections:
    • Landlords cannot disclose relocation details or termination reasons to third parties beyond what is required by law.

Overall assessment

HB 855 creates a legislative framework to support victims of certain crimes by enabling safe, interim housing protections through lease termination and security measures, while offering a monetary incentive to landlords via a tax credit to encourage compliance and continued housing availability for vulnerable tenants. The act balances tenant safety with landlord interests through defined procedures, timelines, and confidentiality safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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