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House Bill 45 — Rent control prohibition

House Bill 45 — Rent control prohibition

Parrish Miller
January 28, 2021

Bill Description: House Bill 45 expands the existing prohibition against local rent control to include fees and deposits. 

Rating: +2

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

Existing Idaho code prevents local governments from regulating rents. The code says, "A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential property."

In some cases, local governments have tried to circumvent the spirit of this prohibition by imposing regulations on the fees and deposits required by the owners of rental property.

House Bill 45 amends Section 55-307, Idaho Code, to clarify that local governments may not regulate "rent, fees, or deposits charged for leasing private residential property."

This change will reduce local government intervention in the rental market.


Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

In addition to reducing regulations, House Bill 45 serves to protect property rights and the right to contract. Government should not limit the terms or scope of a contract to which all involved parties voluntarily agree. 


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