Arkansas Statewide Rule
Arkansas Bans Local Rent Control
Key Facts
- Local rent control
- Banned (state-preempted)
- Statewide rent cap
- None
- Preemption statute
- Ark. Code § 14-16-601 (also § 14-54-1409)
- Cities with rent control
- None
Summary
Rent control is illegal at the local level in Arkansas. Ark. Code § 14-16-601 bars any local governmental unit, including a county, city, village, or township, from enacting, maintaining, or enforcing an ordinance that controls the rent charged for private property. There is no statewide rent cap, and no Arkansas city has rent control.
14-16-601. Rent, rental application fee, and rental deposit control preemption - Definition. (a) As used in this section, "local governmental unit" means a political subdivision of this state, including without limitation a county, city, village, or township, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area. (b) (1) As to leasing private residential or commercial property, and except as provided under § 18-16-304, a local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount charged for: (A) Rent; (B) Rental application fees; or (C) Rental deposits. (2) The preemption against rent, rental application fees, and rental deposit control in subdivision (b)(1) of this section applies to all: (A) Landlords; (B) Property owners; (C) Property managers; (D) Tenants; (E) Prospective tenants; and (F) Real estate companies doing business in the State of Arkansas. (c) This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
Full Breakdown
Arkansas is a rent-control-preemption state. Ark. Code § 14-16-601(b) provides that 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 or commercial property." Subsection (a) defines a local governmental unit broadly to include any political subdivision, such as a county, city, village, or township. A parallel municipal provision, Ark. Code § 14-54-1409, reaches cities and towns. The only carve-out preserves a local government's authority to manage property in which it holds a property interest. Because the legislature occupies this field, no Arkansas municipality may impose rent control or a rent-increase cap on private landlords, and the state sets no statewide ceiling on rent or rent increases.
Violations & Penalties
Any local rent-control ordinance or resolution is void and unenforceable as preempted by Ark. Code § 14-16-601. An affected landlord could challenge such a measure in court, where it would be struck down; the state provides no penalty mechanism because localities lack authority to enact rent control in the first place.
Frequently Asked Questions
Is rent control legal in Arkansas?
Can a city in Arkansas pass its own rent control?
Is there a limit on how much rent can increase in Arkansas?
Sources
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