"An Act providing that the University of Alaska may evict a tenant from student housing that is exempt from the provisions of the Uniform Residential Landlord and Tenant Act without resorting to court proceedings under AS 09.45.060 - 09.45.160. "
Currently the University of Alaska does not have the ability to evict problem students out of University residences. In order to remove a student from a University residence, the University must obtain a court order. Thousands of dollars of public funds and numerous hours have been spent litigating with students who have succeeded in convincing the court that they cannot be removed from student housing without a court order.
Alaska Statute 34.03.330(b) exempts certain types of institutions from the Uniform Residential Landlord and Tenant Act. The Landlord Tenant Act was designed to alleviate injustices inflicted on residential renters by unscrupulous private landlords. Public service institutional entities such as hospitals, schools, nursing homes, educational establishments, church housing, and counseling centers are not compatible with the heightened protections designed for residential renters under ULTA. AS 34.03.330(b)(1) recognizes this, and lists different types of organizations where the ULTA should not be applied.
A hospital should not be required to obtain a court order to remove a patient who no longer needs its services. A student expelled from school, should not be able to insist on remaining in student housing until a court order is obtained removing the former student. Counseling agencies dealing with individuals with problems shouldn't have to get a court order to evict or remove disruptive patients after their course of treatment has been completed.
SB 137 adds a new section to title nine under, actions relating to real property. It provides institutions listed under, AS 34.03.330, would no longer require a court action to recover possession of a residence.