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TAA monitors current legislation that affects the multi-family housing industry.

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Latest TAA Legislative Update

Non-Smoker Protection Act

Tennesse General Assembly Information

House Committee Assignments

Senate Committee Assignments

Tennessee Real Estate Commission opinion on licensing for our industry

Uniform Residential Landlord Tenant Act

TAA Tracker

TAA is currently monitoring the following proposed legislation. Updated daily.

SB 0036
HB 0369

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Bill Text

BANKING & CREDIT: Delaying of foreclosure proceedings and eviction of tenant. Delays foreclosure proceedings and the eviction of a tenant residing in a single-family residence as long as the tenant is current on the lease payments. (S: Kyle; H: Odom)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 04/21/2009.
House Status: Referred to House Commerce Utilities & Banking Subcommittee.

HB 2090

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Bill Text

BANKING & CREDIT: Prohibiting seizures on bank accounts by debtors.
Prohibits execution, seizure, or attachment on personal bank account of debtor if attempted by any business entity. Makes withdrawal of funds by a business from a personal bank account resulting from delinquency or non-payment an unfair or deceptive act under Consumer Protection Act. (Broadly captioned.) (H: Towns)
House Status: Referred to House Judiciary Civil Practice Subcommittee.

SB 1423
HB 1719

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bill text

CAMPAIGNS & LOBBYING: Allows trade and professional association to fund PACs. Permits qualifying trade and professional associations to contribute money to association PACs as long as the association has been in existence in TN for at least 5 years and has regular dues-paying members. (S: Stanley; H: McCormick)
Senate Status: Referred to Senate State & Local Government.
House Status: Failed in House Elections Subcommittee 04/08/2009.

SB 1674
HB 1916

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bill text

CAMPAIGNS & LOBBYING: Secret Ballot Protection Act of 2009.
Enacts the Secret Ballot Protecti
on Act of 2009 to ensure employees' right to free choice in deciding employment-related matters. (S: Johnson J.; H: Lynn)
Senate Status: Senate deferred to first available calendar of 2010.
House Status: Taken off notice in House Employee Affairs Subcommittee 04/21/2009.

SB 2283
HB 2328

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Bill Text

CONSTRUCTION: Energy efficiency - building construction standards.
Requires the state fire marshal to include provisions relative to energy efficiency in statewide building construction safety standards. Deletes exemption from such standards for one-family and two-family dwellings (Part of Administration Package). (S: Kyle; H: Turner M.)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Commerce Industrial Impact Subcommittee.

SB 0066
HB 0516

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Bill Text

CRIMINAL LAW: False information provided to housing projects made theft.
Enacted as Public Chapter 0325 (effective 07/01/2009).
Creates an offense of theft for a person who applies for or receives accommodations in a housing project using false information and grades such offense by its severity. (S: Bunch; H: Matheny) Amendment: House amendment 2, Senate amendment 1 makes the bill. Creates a new offense for a person who receives or attempts to receive accommodation in a housing project by using false documentation or information if the person qualifies for such housing or a lower lease rate than he should have. Specifies that this offense is punishable by a Class A misdemeanor with a fine only and utilizes the grading provision for punishment currently in the code.
Senate Status: Senate passed 05/18/2009.
House Status: House 05/11/2009 passed with amendment 2, which makes the bill. Creates a new offense for a person who receives or attempts to receive accommodation in a housing project by using false documentation or information if the person qualifies for such housing or a lower lease rate than he should have. Specifies that this offense is punishable by a Class A misdemeanor with a fine only and utilizes the grading provision for punishment currently in the code.
Other Status: Signed by governor 05/29/2009.

SB 0729
HB 0275

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Bill Text

CRIMINAL LAW: Theft designation for false information about housing.
Specifies that making false statement or concealment of material fact for purpose of obtaining accommodation in housing project of a housing authority or paying less rent than required for such dwelling is considered as an offense of theft. Also specifies that in grading of the offense, the amount taken shall be considered the value of the benefit the defendant derived from the offense. (S: Watson; H: Dean)
Senate Status:
Referred to Senate Judiciary.
House Status: Taken off notice in House Criminal Practice Subcommittee 03/25/2009.

SB 1799
HB 0017

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Bill Text

CRIMINAL LAW: Changes to the Non-Smoker Protection Act.
Removes exception for age-restricted venues from Non-Smoker Protection Act. Revises posting requirements to require "no smoking" signs at only the main entrance. (S: Herron; H: Swafford)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Agriculture.

SB 0888
HB 0846


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Bill Text

ENVIRONMENT & NATURE: Requirements for public swimming pools. Requires public swimming pools to have certain devices or systems designed to avoid entrapment by suction of users of such swimming pools. (S: Ketron; H: Mumpower)
Fiscal Note: Dated: February 26, 2009 Increase State Expenditures = Not Significant
Senate Status: Taken off notice in Senate Environment, Conservation & Tourism 03/03/2009.
House Status: Referred to House Public Health and Family Assistance Subcommittee.

SB 0984
HB 0458

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Bill Text

ENVIRONMENT & NATURE: Drinking Water Access and Resources Planning Act of 2009. Enacts the "Drinking Water Access and Resources Planning Act of 2009." Requires community public water systems, except those serving rental units with fewer than 100 persons, to prepare and submit to the department of environment and conservation a water supply plan, an emergency preparedness plan and a water conservation plan for the departments review and approval. Specifies that a water supply plan includes maps and descriptions of the water system, date on usage in the area of the water system and future estimates of the water system's supply. Establishes a drinking water access and resources fund to be administered by the department of environment and conservation. (S: Berke; H: McDonald)
Senate Status: Referred to Senate Environment, Conservation & Tourism.
House Status: Referred to House Conservation & Environment. House Government Operations will review if recommended.

SB 0159

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Bill Text

PROPERTY & HOUSING: Payment of rent by two or more tenants.
Allows two or more tenants to pay rent as either a single payment from all tenants or as multiple payments from all tenants if the total payment equals the amount of rent in the rental agreement. (S: Ketron)
Senate Status: Withdrawn in Senate 02/26/2009.

SB 0247
HB 0128

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Bill Text

PROPERTY & HOUSING: Seller of real property to provide buyer with energy audit. Requires seller of real property to provide an energy audit estimating the energy usage required at the property to the potential buyer prior to the sale. Also requires such audit to be included in the deed of conveyance. (S: Marrero; H: Hardaway)
Fiscal Note: Dated: February 9, 2009 Increase State Expenditures - Not Significant Increase Local Revenue - $849,600 Increase Local Expenditures - Not Significant
Senate Status: Senate Commerce, Labor & Agriculture deferred.
House Status: House Commerce Industrial Impact Subcommittee deferred to 1st calendar of 2010.

SB 0249
HB 0126

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Bill Text

PROPERTY & HOUSING: Rental agreement to include energy audit.
Requires rental agreement under Uniform Residential Landlord and Tenant Act to include, as an addendum, energy audit of estimated energy usage at dwelling unit. (S: Marrero; H: Hardaway)
Fiscal Note: Dated: January 22, 2009 Increase Local Expenditures - Not Significant
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Civil Practice Subcommittee deferred to the second calendar of 2010.

SB 0250
HB 0130

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Bill Text

PROPERTY & HOUSING: Residential property for rent - energy audit required.
Requires landlord of residential property to provide an energy audit to tenants before entering into a rental agreement. Specifies that failure of landlord to provide energy audit will bind both parties in a month-to-month tenancy. (S: Marrero; H: Hardaway)
Fiscal Note: Dated: January 22, 2009 Increase Local Expenditures - Not Significant
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Civil Practice Subcommittee deferred to the last calendar of 2010.

SB 0789
HB 2040

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Bill Text

PROPERTY & HOUSING: Rented premises unfit for habitation.
State Summary: Public Health - As introduced, deletes the July 1, 2009, repeal of the codified provisions of 2008 Public Chapter 1027 for certain provisions dealing with rented premises unfit for habitation. - Amends TCA Title 68, Chapter 111. (S: Overbey, H: McCord)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Public Health and Family Assistance Subcommittee.

SB 0902
HB 0323

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Bill Text

PROPERTY & HOUSING: Victims of domestic abuse - termination of rental agreement. Allows a tenant who is the victim of domestic abuse, sexual assault, or stalking to terminate lease agreement for person's primary residence upon submitting certain evidence to the landlord in writing and vacating the premises. - Amends TCA Title 66, Chapter 7, Part 1. (S: Burks;
H: Jones S.)

Senate Status: Taken off notice in Senate Judiciary 05/13/2009.
House Status: Taken off notice in House Criminal Practice Subcommittee 04/22/2009.

SB 1258
HB 0801

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Bill Text

PROPERTY & HOUSING: Housing authority redevelopment - blighted property. Redefines "blighted area" for purposes of housing authority redevelopment as a single parcel of land the condition of which causes the risk of immediate physical harm to people or other property. Clarifies that immediate physical harm does not include a loss of property value to surrounding parcels of land. (S: Bunch; H: Campfield)
Senate Status: Senate Judiciary deferred.
House Status: House State Government Subcommittee deferred to 2010.

SB 1351
HB 0057

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Bill Text

PROPERTY & HOUSING: Requires energy audit for commercial buildings.
Requires each owner of an existing commercial building to have a comprehensive energy audit conducted. Specifies that audit must identify building's energy consumption and conservation procedures, and indicate if there is need for energy conservation measures. Requires that each owner must display notice containing energy audit results by January 1, 2010 to all tenants and potential tenants of the building. - Amends TCA Title 13. (S: Tate; H: Hardaway)
Fiscal Note: Dated: January 23, 2009 Increase local revenue - not significant. Increase local expenditures - not significant.
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: House Commerce Utilities & Banking Subcommittee deferred to first calendar of 2010.

SB 1434
HB 2080

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Bill Text

PROPERTY & HOUSING: Requirements for owners of former meth houses.
Prohibits the selling of any residence where a clandestine methamphetamine laboratory is known by the seller of such property to have been operated until the property has been properly decontaminated and cleaned by a certified CML cleanup contractor and certified that such property is safe for human use by a certified industrial hygienist. Requires the seller of such property to provide any prospective buyers with notice that a CML has been operated at the residence and certification of the required cleanup. Creates a Class A misdemeanor for such violation. (S: Stanley; H: Towns)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Criminal Practice Subcommittee 03/25/2009.
SB 1475
HB 0737

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Bill Text
PROPERTY & HOUSING: Davidson County - notification of tenant disorderly conduct. Requires law enforcement officers in Davidson County to notify the landlord in certain circumstances if such officers are dispatched to investigate complaints of disorderly conduct or to serve warrants for the arrest of tenants of residential rental property. (S: Henry; H: Odom)
Senate Status: Referred to Senate Judiciary.
House Status: Caption bill held on House clerk's desk.

SB 1576
HB 1394

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Bill Text

PROPERTY & HOUSING: Notice to terminate tenancy - foreclosure. Requires any person or entity that acquires a residential property to provide 30 days' written notice prior to terminating the tenancy of a residential tenant who occupies the residential property at the time of the state. Establishes that this section applies to all residential rental property including, without limitation, residential rental properties located in any county governed by the Uniform Residential Landlord and Tenant Act. (S: Crowe; H: Johnson P.)
Senate Status: Taken off notice in Senate Commerce, Labor & Agriculture 05/05/2009.
House Status: House Judiciary Committee deferred to summer study.

SB 2008
HB 1812

 

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Bill Text

PROPERTY & HOUSING: Leases for residential rental property in Davidson County. Requires any lease entered into for residential rental property in Davidson County to contain a provision requiring the tenant to pay to the county clerk the amount of the rent due under the lease if the owner of the property fails to pay such costs within 30 days of such a hearing. Specifies that the clerk must notify the tenant in any month that the rent is to be paid to the clerk to be used to cover the costs assessed against the owner of the property. Clarifies that the rent will be paid into the court until the assessed costs have been fully satisfied. (S: Harper; H: Pruitt)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Taken off notice in House Civil Practice Subcommittee 04/22/2009.

SB 2113
HB 2041

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Bill Text

PROPERTY & HOUSING: Rented premises unfit for habitation.
Enacted as Public Chapter 0237 (effective 05/20/2009).
Provides for the continuation of present law pertaining to rented premises unfit for habitation until later amended or repealed. (S: Overbey; H: McCord)
Senate Status: Senate passed 05/04/2009.
House Status: House passed 04/16/2009.
Other Status: Signed by the Governor 5/20/2009.

SB 0704
HB 1734

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Bill Text

TAXES BUSINESS: TN Employer Privilege Tax Act.
Enacts Tennessee Employer Privilege Tax, a 3% tax on compensation. Tax is on employer, but employer may withhold tax from employee wages. Broadly captioned. (S: Tate; H: Camper)
Senate Status: Referred to Senate Finance Tax Subcommittee.
House Status: Caption bill held on House clerk's desk.

SB 2290
HB 2264

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Bill Text

TAXES BUSINESS: Revises excise tax exemption for FONCEs.
Revises the excise tax exemption for certain family-owned non-corporate entities (FONCEs). Includes rents from residential or farm property but not commercial or industrial property and not including golf course playing hole improvements. (Part of Administration Package) (S: Kyle; H: Turner M.)
Senate Status: This bill was merged into the Technical Corrections Bill. The Bill passed the Senate Finance Committee to the Full Senate and passed the Full Senate with no amendment for an exemption floor. The elimination of the FONCE will raise an estimated $25,000,000.00 according to the Fiscal Note from the Finance Department.
House Status: This bill was merged into the Technical Corrections Bill which passed  in the House Budget Subcommittee meeting to the Full Committee and passed the Full Committee to be heard today in The Calendar and Rules Committee and later this week in the Full House. Representative Charles Sargent proposed an amendment to exempt entities that have less than $500,000 in assets. The amendment would cause the loss of $4,000,000 in revenue. The amendment failed by a voice vote. All Family owned Limited Liability Partnerships and Companies will no longer be exempt from Franchise and Excise Taxes on property and earnings if this Bill passes in its present form.

HJR0003

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Bill Text

TAXES GENERAL: Constitutional amendment - prohibition on income tax.
Proposes an amendment to Article II, Section 28 of the state constitution to clarify language that currently prohibits the levying of a tax on any class of income, other than income derived from stocks and bonds, and to prohibit any tax levied on or measured by employer payrolls. (H: Kelsey)Amendment: House Budget Subcommittee amendment 1 deletes section relative to electronic publication and notification.
Fiscal Note: Dated: January 5, 2009 Increase state expenditures - not significant
House Status: Set for House Finance Budget Subcommittee Behind the Budget Calendar 06/15/2009.

SB 0279
HB 0382

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Bill Text

TAXES PROPERTY: Classification for affordable housing rental property.
Provides for the classification of certain property as affordable housing rental property. Provides for assessment of tax based on present use value, which is defined as gross revenue from restricted rents times 6.0. Allows any owner to file an application for such classification with the assessor of property of such county on or before March 31 on the first year for which the classification is sought. (S: Haynes J.; H: Sargent)
Senate Status: Senate Commerce, Labor & Agriculture deferred.
House Status: Taken off notice in House State Government Subcommittee 05/06/2009.

SB 1691
HB 2084

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Bill Text

TRANSPORTATION GENERAL: Private parking services - device for immobilization. Adds to the list of unfair or deceptive acts considered to be unlawful under the Consumer Protection Act of 1977 the offense of engaging in the business of operating private parking services and committing the following: using any device to immobilize a motor vehicle for unauthorized parking on property; charging a fee to remove such immobilizing device; or refusing to allow the owner to pay such fee by such cash, credit card or personal check. (S: Marrero; H: Towns)
Senate Status: Referred to Senate Commerce, Labor & Agriculture.
House Status: Referred to House Consumer Affairs Subcommittee.

SB 1340
HB 1632

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Bill Text

TRANSPORTATION VEHICLES: Owner's agent - approval for towing vehicle from property. Specifies that the owner of private property cannot designate garage keeper or towing firm, or an employee of either, as owner's agent to approve towing of a vehicle from private property. (S: Tate; H: Richardson)
Senate Status: Senate passed 05/04/2009.
House Status: Held on House clerk's desk.

SB 1678
HB 1561

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Bill Text

TRANSPORTATION VEHICLES: Notice of tow of an abandoned or unclaimed vehicle. Increases to 30 days, from 15 days, when notice of tow of an abandoned or unclaimed vehicle must be given to last registered owner. (S: Haynes J.; H: West)
Senate Status: Referred to Senate Transportation.
House Status: Caption bill held on House clerk's desk.

Legislative Alerts & News

CARD CHECK

The following links open attachments which will demonstrate the National Apartment Association Position on Card Check, also known as the Employee Free Choice and provide a list of bullet points that you can use as a quick summary to the legislation.  In addition, attached please find a PowerPoint that was presented to the NAA Board of Directors a couple of weeks ago. And most importantly, a chart that gives the differences between current NRLA standards/law and the Card Check if it passes.  NAA will be holding a webinar on January 19th at 1 p.m. CST to discuss the legalities of Card Check.

National Apartment Association Position on Card Check

Summary of Card Check Legislation

Power Point Presentation on Card Check

Comparison between NRLA and EFCA/Card Check

MEMPHIS ENERGY EFFICIENCY ORDINANCE

An ordinance passed by the Memphis City Council provides that all residential rental units maintain a prescribed level of “energy efficiency.”  The Ordinance is attached for your reference.  The Apartment Association of Greater Memphis notified its’ members regarding the MLGW Ordinance.  The Tennessee Apartment Association discussed the proposed ordinance during its last meeting. 

 

We are accepting donations to the TN Apartment PAC fund and the NAA PAC fund.  We need your support to protect the multi-family industry.  As you know, corporate funds can not be accepted.  Checks or credit cards can only be accepted from individuals, LLCs or LPs. Please email info@tnaptassoc.org if you would like to contribute.

TAA Notes

2008/2009 Officers are John Barger (Memphis) is the TAA President, Anna L. Ridley (Knoxville) is President-Elect, Linda Page, Edwin B. Raskin Co., (Nashville) is Vice President, and Theresa Biggs (Chattanooga) is Secretary/Treasurer.  Linda Page is also the NAA Regional Vice President for our region.  Other TAA Board Members who will be representing GNAA are Brad Cather of Lighthouse Residential Group, Woody McLaughlin of Parthenon Properties, and Wes Hall of Law Office of Hall & Sitler. 

Please contact the TAA office for a complimentary copy of the TAA Resource Book. This resource contains Tennessee laws, federal Laws, frequently asked legal questions and sample forms as it relates to our industry.  There is also a sample Blue Moon lease.  Thank you to the following advertisers:  Atlanta’s Reliable Roofing; Contractors, Inc.; American Style Renovations; Law Office of Hall & Sitler; Richey Restoration; King & Ballow Law Offices; For Rent Media Solutions; Schulman, Leroy & Bennett; Weathershield Construction; Reliable Roofing, Construction and Repair; Action Collection Agency; Crawford, Smith & Sharp General Contractors; and Law Office of V.A. (Bo) Melton, Jr.

Several members across the state have received audits arriving at varying results and interpretations of the License Act by auditors from the Tennessee Real Estate Commission. In an effort to address this issue and clarify the Commission’s interpretation this Act regarding multi-family property management; members of TAA met with Eve Maxwell, Executive Director of the TREC, to clarify the Tennessee Real Estate Commission’s position as it applies to our industry.  TAA was pleased that the TREC was in agreement that the License Act exempts resident managers and that a real estate broker is not required to be on-site at a property

Ms Maxwell issued the following statement:  I enjoyed the opportunity to meet with the multi family representatives to discuss some of the problems which arise when the TREC auditors conduct  audits of multi family properties. I fully understand the concerns and I believe that we all left the meeting with a common interpretation of the Tennessee Real Estate Broker License Act of 1973 (the "License Act"), as it relates to multifamily properties. Under certain conditions, a resident property manager will be exempt from the License Act.

       TCA 62-13-104 establishes certain exemptions from the License Act.  TCA 62-13-104(a)(5) specifically states:
[A] resident manager for a broker or an owner, or an employee of a broker, who manages an apartment building, duplex or residential complex where such a person's duties are limited to supervision, exhibition of residential units, leasing and/or collection of security deposits and rentals from such property.  The resident manager or employee shall not negotiate the amounts of security deposits and rentals from such property.  The resident manager or employee shall not negotiate the amounts of security deposits or rentals and shall not negotiate any leases on behalf of the broker...." 

         This section of the License Act would apply in situations in which an employee of the owner or broker is assigned to one specific multifamily complex; however, the individual does not have to actually live on the premises.  In order to fall within this exemption and therefore, not be required to have a real estate license, the employee must  perform duties which are limited in scope, such as exhibiting units to prospective tenants, providing prospective tenants with prepared information about the lease of the units, accepting applications on preprinted form leases for lease of the units (but not making final decisions on any such applications) and accepting security deposits and rental payments which are made payable to the owner or broker employed by the owner. This employee may not negotiate the amount of the security deposit or rental payments and shall not negotiate leases or rental agreements on behalf of the owner or broker. The broker is still responsible for the actions of this employee and needs to make certain that the employee's duties do not expand to include acts that would fall within the definition of broker under TCA 62-13-102(4)(A)(B).  The broker must also make sure that procedures are in place to ensure compliance with applicable escrow and trust account statutes and rules.”


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