No reason to rush enacting provision to push evictions

Toledo Blade: Who needs a Christmas present more than Ohio’s landlords in this holy season?

No one, apparently, judging from the meanspirited provision stuck into an unrelated bill by state Rep. Derek Merrin, R-Monclova Township.

Under Mr. Merrin’s proposal, tenants served with eviction notices by their landlords would have three calendar days rather than the three business days now allowed to react before the eviction goes to court.

And if the landlord subsequently attains an eviction order from a court, the 10-day period during which law enforcement or a court official must have the tenant removed would also be counted in calendar days as opposed to business days.

The bill changes existing law which does not count as business days Sundays when they fall on the last day of the three-day period.

This is the type of legalistic pettiness that would resonate with a character in one of this holiday season’s most beloved movies, It’s a Wonderful Life – Mr. Potter.

The provision was taken from House Bill 390, sponsored by Mr. Merrin. That bill is not likely to be acted on, with the 132nd General Assembly rapidly winding to a close.

Hedging his bets

The Senate bill has already passed the Senate, so it has a better chance of being enacted before Dec. 31 than does Mr. Merrin’s stand-alone bill.

The sponsor of the Senate bill, Sen. Bob Hackett, R-London, did not appreciate Mr. Merrin’s attempt to stick this chunk of coal into his insurance rating bill.

“Why are we doing this around Christmas?” Mr. Hackett asked.

Mr. Merrin, who owns rental property, is in a hurry to get into the law something that would benefit him personally. Legislation that falls into that category especially requires due diligence because of the sponsor’s personal business involvement. He points out that he is a tenant himself.

Landlords perform a valuable service and are entitled to a prompt and fair procedure to remove bad tenants. But this bill needs more examination and hearings. It is not so urgent that it can’t wait for the next General Assembly.

The provision was properly evicted from Mr. Hackett’s bill by the House leadership, and without three days of notice – calendar or business.