APARTMENT ADVOCATE
Business Liability Protections Grow Amongst States
More and more states are adopting a broad
framework of protections that shield businesses from civil liability claims resulting from customer or employee exposure to COVID-19 . Since May , more than 15 states have enacted statutory language which exempts businesses that follow federal , state and local health and safety guidelines , while properly keeping the focus on gross negligence or willful misconduct and holding businesses to account for these actions .
Business liability protections will help to maintain the viability of the rental housing industry during these difficult times . Litigation can be a long and costly process and place greater financial strain on housing providers , who are already inundated with emergency mandates that have increased demands on their operational capacity and could jeopardize their financial solvency .
Many housing providers already operate on slim margins and cannot withstand the high costs to defend against unfounded litigation . The fact remains that housing providers have little control over their residents ’ behavior , and particularly in high density apartments and cities , it would be difficult to pinpoint the exact source of an incident of exposure . This makes the task to defend against a complaint more arduous .
While the National Apartment Association ( NAA ) is encouraged by the work of state lawmakers to support the revitalization of America ’ s economy and promote certainty , more can and should be done to protect businesses nationwide . NAA continues to advocate for a federal standard as outlined in the SAFE TO WORK Act and urges Congress to include language in its next relief package . We remain hopeful for a federal solution even as liability protections have emerged as a hotly contested partisan issue .
Since the beginning of the COVID-19 pandemic , housing providers have faced duel operational challenges : maintain business continuity and provide safe and healthy communities for residents . Liability protections for businesses are a useful tool for addressing both priorities .
To learn more , please visit the Business Liability Protections Policy Issues page or contact Sam Gilboard , Manager of Public Policy at NAA .
38 | TRENDS JANUARY 2021 www . aamdhq . org