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An ordinance amending Chapter 11.22 of the Metropolitan Code of Laws to require landlords to provide to certain older persons sixty-days' notice of termination of tenancy for purposes of eviction to make way for new property development.
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BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: That Chapter 11.22 of the Metropolitan Code of Laws is hereby amended by creating the following new sections:
11.22.035. Required notice for termination of tenancy for purposes of eviction ("Norma Jean Upshaw Act")
A. As used in this section:
a. "Facility" means a facility that:
i. Provides housing for older persons, as defined in 42 U.S.C. ?3607(b)(2)(C); and
ii. Receives federal financial assistance that subjects it to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. ? 794);
b. "New property development" means:
i. Razing a facility to use the real property on which the facility is located for purposes other than to provide housing for older persons, as defined in 42 U.S.C. ? 3607(b)(2)(C); or
ii. Renovating a facility in a manner that requires the tenants of the facility to vacate the facility in order to turn the facility into residential housing offered at a market rate; and
c. "Residential tenant" means a residential tenant who has a lease or other agreement to live in a facility and who is fifty-five (55) years of age or older.
B. A landlord shall provide sixty (60) days' notice of termination of tenancy for the purpose of eviction of a residential tenant of a facility if:
a. The tenant has paid the tenant's rent due and is not in arrears on rent payments; and
b. The termination and eviction are to allow for new property development.
C. This section does not abrogate a landlord's right to terminate a tenancy pursuant to other provisions in state law.
D. This section shall apply to agreements entered into, amended, or renewed on or after July 1, 2023.
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