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HomeMy WebLinkAboutRHAB Agenda 10.9.19 r c4 Oshkosh RENTAL HOUSING ADVISORY BOARD October 9,2019 3:30 PM To Whom It May Concern: Please note the City of Oshkosh Rental Housing Advisory Board will meet on WEDNESDAY, October 9,2019 at 3:30 PM in Room 406(Council Chambers)at Oshkosh City Hall,215 Church Avenue to consider the following agenda: A. CALL TO ORDER (3:30 p.m.) B. ROLL CALL D. CITIZEN STATEMENTS (Citizen statements are limited to three (3) minutes, must address items that are not listed on the Rental Housing Advisory Board (RHAB) meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the RHAB may address at a future meeting, and must not include endorsements of any candidates or other electioneering). E. APPROVAL OF MINUTES —August 12,2019 F. TENANT LANDLORD LAW—CITY ATTORNEY LORENSON 1. Tenant 2 Month Notice G. UW-O STUDENT MOVE-IN INSPECTIONS H. INSPECTION UPDATE-21 Inspections 131 Violations 6.2 violations per inspection I. ADA COMPLIANCE I. OSHKOSH SATURDAY FARMERS MARKET UPDATE J. SOCIAL/TRADITIONAL MEDIA UPDATE -Winnebago Apartment Association Meeting K. RENTAL HOUSING ADVISORY BOARD 2019 ACTION PLAN AND STRATEGIC PLAN L. FUTURE AGENDA ITEMS-DECEMBER 11th M. ADJOURN City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us RENTAL HOUSING ADVISORY BOARD MINUTES August 14, 2019 PRESENT: Danny Garcia, Katrina DeGroot, Steve Herman, Todd Hutchison, Timothy Ernst, Linda Jevaltas,Margy Davey STAFF: Allen Davis, Community Development Director, John Zarate, Chief Building Inspector, Andrew Prickett, Housing Inspector, Casey Koelbl, Housing Inspector, Andrea Flanigan, Recording Secretary CALL TO ORDER Mr. Ernst called the meeting to order at 3:30 p.m. CITIZEN STATEMENTS Merton Wall 170 D Cimmaron Ct. stated he moved into his apartment and there were numerous things not done. There are health hazards throughout the apartment. Landlord has threatened to evict him and feels the tenants are harassed by maintenance. He stated it will not stop until something is done. Todd Hutchison and Danny Garcia arrived at 3:35 PM. Mr. Ernst stated the board will continue to work to make meaningful changes to address the issues that Mr. Wall has faced and others in the community face when renting. He encouraged Mr. Wall to continue to stay in contact with the inspectors and consumer protection. APPROVAL OF MINUTES -June 12,2019 Ms. Davey asked for the June 12t1, minutes to include October 5t1' as a date Rental Housing Board would be at the Oshkosh Saturday Farmers Market. The minutes of the June 12, 2019 meeting were approved as amended. (Davey/Jevaltas) UWO COMMUNICATIONS CLUB -Move in Inspections Gaby Newman,president of the University of Wisconsin-Oshkosh Communications Club asked if the City logo could be added to the letter being e-mailed out. Mr. Davis stated he would check with media services since the logo is copyrighted. Ms. Davey asked when the e-mail would be sent out. Ms. Newman stated school starts on September 4th and she would like to send it out the week before to give students time to look it over before moving in and set up an inspection. The Student Association and Communications Department has approved the e-mail to send when it is ready. The board discussed the attachments in the e-mail,made suggestions for minor changes, and discussed the logistics of sending the e-mail. Mr. Herman suggested adding contact information for the City Inspector under Renter Resources. Mr. Ernst stated to send any further comments on the e-mail to Andrea in Community Development. Mr. Ernst suggested sending out the e-mail several times throughout the school year. Ms.Jevaltas asked how the board would get feedback if the students were responsive or not to the e-mail. Ms. Newman stated she would follow up with Mr. Koelbl to see if students were utilizing City Inspectors after they move in. Mr. Hutchison suggested landlords be notified when the inspections are taking place to save time and have a better understanding of what needs to be fixed. The board discussed whether or not to include a line in the e-mail stating tenants may invite landlords to the inspection and it was determined they would remove the line. Mr. Ernst questioned what the target date was for sending out the e-mail. Ms. Newman stated she would aim to send out August 28t"or August 29th. VACANT BUILDING REGISTRY AND INSPECTIONS PROGRAM Mr. Davis stated staff has been working on a vacant building registry program and has gathered codes from other communities already implementing the program that could be applied to the City's Municipal Code. Mr. Prickett has drafted the ordinance and can explain any of the detail regarding the code. Mr. Prickett stated the ordinance is geared toward foreclosure properties, "zombie" houses where there are issues trying to track down ownership to maintain the property. This ordinance covers commercial properties as well as residential. He stated there are numerous exemptions including seasonal or vacation homes,homes under rehabilitation or construction etc. Mr. Hutchison questioned why there needs to be a separate program for vacant buildings. Inspections can write up violations for nuisance properties and fine them if they do not comply. Mr. Davis stated it is difficult to track down who is actually responsible for these properties and when police and fire respond to a call at one of these properties they want to know if it is a vacant property. Mr. Hutchison stated the owner definitions should be clarified further and questioned if there is a way to force the lender to maintain the property. 2 1 111 e Mr. Prickett stated there are terms of the framework for the mortgage which talks about the bank's ability to maintain the property.He stated the ordinance is drafted after Kenosha's vacant building registry which has been used since 2011 and have not had any issues with the bank not up keeping the foreclosures. Mr. Davis stated the Buckstaff property is a good example where the owner and bank were involved and the city sued the bank for maintenance obligations and the court agreed the bank was responsible. There was no further discussion. Ms. Davey motioned to accept the vacant building registry ordinance as written. /seconded by Herman. Motion carried 6-1 (Nay,Hutchison). INSPECTION UPDATE Mr. Koelbl reported he had completed 2 voluntary inspections last month which had a total of 9 code violations. There will be 99 letters sent out for the voluntary inspections. OSHKOSH SATURDAY FARMERS MARKET Ms. Davey stated the July 20th Farmers Market was rained out so there was nothing to report. She stated there is now a tent available for Rental Housing Advisory board to use at the Farmers Market. Andrea in Community Development will keep it in her office along with the brochures and posters.There is nothing to weigh down the tent, so next time it is used they will need to find a way to anchor it. Ms. Davey and Mr. Ernst offered to attend the October 511, Farmer's Market. Ms. DeGroot stated she was tentative for October 5t". The board discussed who could attend those dates. August 1TIA:Jevaltas and Ernst September 14,11: Ernst and Hutchison October 5t": Davey and DeGroot SOCIAL MEDIA UPDATE Mr. Koelbl stated he will repost dates the board will be at the Oshkosh Farmers Market. A map of the district that will be receiving letters will also be posted to the Facebook page. Mr. Koelbl will be meeting with the Winnebago Apartment Association in September. He will bring in examples and pictures of violations found as well as the inspections checklist. Mr. Ernst suggested Mr. Koelbl bring in Attorney Forsgren letters regarding the lease agreement. He would like to know what the Apartment Association's stance on the letter would be. Mr. Hutchison questioned what the lease agreement was about. 3 1 li u Mr. Ernst stated it was a lease agreement that threatened retaliation if the tenant agreed to a City inspection. Ms. Davey asked if the City attorney was able to look at the lease agreement. Mr. Davis stated he was waiting for the October meeting when Attorney Forsgren could attend. Mr. Ernst suggested adding the lease agreement for a future agenda item. RENTAL HOUSING ADVISORY BOARD 2019 ACTION PLAN AND STRATEGIC PLAN Mr. Garcia stated he would be interested in looking at the policy and code changes and trainings for landlords and tenants on compliance. Mr. Ernst stated there is a website that identifies evictions and code violations for the City of Milwaukee and is going to reach out to the creators of the website to get more details on it and determine if it is effective. FUTURE AGENDA ITEMS Attorney Lynn Lorenson and UWO Campus Attorney Forsgren Discussion on Lease Agreement Required 2 Month Notice for Tenants to Move Out ADA Compliance Parking for Tenants UWO Student Move-in Inspections Inspection Update Social/Traditional Media Update Rental Housing Advisory Board 2019 Action Plan and Strategic Plan ADJOURNMENT There being no further business, the meeting adjourned at 4:25 p.m. (Davey/Herman) Respectfully submitted, Allen Davis Community Development Director 41 111 e ZTY Obtp� r OSHKOSH Mr. Andrew Prickett April 25, 2019 City of Oshkosh Housing Inspector PO Box 1128 Oshkosh, WI 54903-1128 Re; Star Properties, LLC Dear Mr. Prickett, I am dealing with a parking situation involving Star Properties. I will call your office to discuss that with you. However, during the course of my gathering information about Start Properties, I was provided with a copy of their lease agreement as well as a"notice"that Mr. Staerkel apparently provides to all of his tenants. I believe you may have previously received a copy of the "notice." Mr. Staerkel's characterization of the inspection program as being "simply an act of revenge" is at best ridiculous! It pales in comparison to the hypocrisy evidenced by Mr. Staerkel in claiming to defend the constitutional rights of tenants. Of significantly more importance is the language that appears in paragraph 40 of the Star Properties lease. The chilling effect of the language is inconceivable. The terms of paragraph 40 make the tenants responsible for cost associated with inspections, ie the landlord's time billed at $35.00 per hour, even if the code violation is something that the tenant was not responsible for or aware of prior to the inspection. I look forward to discussing this further with you. I will contact your office. Sincerely, Erik R. Forsgren STUDENT LEGAL SERVICES UNIVERSITY OF WISCONSIN OSHKOSH • 800 ALGOMA BLVD • OSHKOSH WI 54901-3512 (920)424-3202 - FAX(920) 424-3204 An Equal Opportunity/Affirmative Action Institution •www.uwosh.edu Tenants, VERY IMPORTANT PLEASE HAVE ALL TENANT'S OF HOUSE REAS The City of Oshkosh will be sending out letters soon asking that all tenants participate In a voluntary . inspection of their property, which will include all areas of the house or apartment. This is an aftem t bV the cit fo continue a pro-gram that was ahead tossed out b he court s stem. It's simaly an act of reven e a ainst the local landlords that roved their ori inal Ins ection.program viotated constitutional ri hts of our tenants.Allowin this to continue will only drive up property taxes and increase rents in Oshkosh. If you decide not to allow the inspection to take place, (per your Constitutional rights), please simply throw the letter in the garbage, THEY CAN'T COME IN UNLESS YOU INVITE THEM IN. If you decide to allow the inspection to take place, Which is within your rights as Well, please note that the inspectors will be looking at all areas of the property, including bedrooms and non-common areas.Any defects and/or damage that is the responsibility of the tenant or the result of the tenant could result in those fees and/or fines to be invoiced back to the tenant for payment. Examples of this include missing smoke detectors, missing carbon monoxide detectors, holes in walls, holes in screens or missing screens, missing or damaged handralls, broken lights, use of extension cords, basement bedrooms, etc. If you allow them in let me know the day and time so I can be present for the inspection. Contrary to what the City of Oshkosh claims, the city can and WILL also fine any tenants for drug usage, underage drinking, string lights on walls, extension cord usage, unlicensed pets, and ANY other law they see or think is broken[!. The city has many rules that they can fine student's for and will once they are in, this is just an attempt at a clever way to get into the houses and make money. )Lou are not mandated to allow the in ectors into our ro perty.The prngrnm is VOLUNTARY. Simply tossing any letter received from the city into the garbage will stop them from entering your house. We are always available for any maintenance. Please continue to contact me as needed so any maintenance can be scheduled for your property. Let me know if you have any questions. Thanks, Kent 920-277-4600 STAR PROPERTIES OF OSHKOSH LLC NON STANDARD RENTAL PROVISION aa� �s ,=r � I,Lessee agrees that rent is due according to rent schedule on the rent Payment Addendum The Lessor doesn't agree to pick up the rent .'tL late charge of 5%will apply to rent received or postmarked after the specified due date and$5.00 per day thereafter. THIS POLICY WILL BE STRICTLY ENFORCED] nls`2,Rent may be paid with a personal check,however once a check doesn't clear or bounces,you will no longer be allowed to pay ybur-rent with a personal check. Rent then must be paid with a cashier's check or cash(if rent is paid in cash a receipt will be given upon request). A$50.00 bounced check fee will be assessed on all returned checks that do not clear. „ .Lessee agrees that if Lessee doesn't voluntarily pay extra fees(i.e.late charge,returned check fees,etc)owed to Lessor as set forth ii f iii ase and Non Standard Rental provision,Lessor reserves the right to deduct these fees from the security deposit and turn over the amount due in excess of the security deposit for collection by an attorney or agency. Lessee may be responsible for any cost incurred by Lessor as a result of placing a delinquent account with an attorney or agency for collection, m'VIR, V.d Lessee is responsible to notify Lessor within 48 hours of water leaks and toilets that run constantly, If Lessee fails to notify Lessor, then Lessee will be charged for additional usage on all water bills,based on the previous month's aniount. A.Cleaning: The Lessee is encouraged to report any problems with the cleanliness of the unit or damages within 7 days of the lease start date. When the tenancy is ended the Lessees will leave the premise in a clean condition. This includes appliances,cupboards,baseboards, bathrooms,all floors and walls.The apartment should be ready for the next tenants. If this is not adequately done the premise will be cleaned and billed at a rate of$4.0.00 per hour,or the current rate from Service Master,Merry Maids,or the cleaning service that is hired. The charges will be deducted from the security deposit and any additional amounts billed to the Lessees for immediate payment. 5-13,Carpets: The Lessee is responsible for having the catpets professionally cleaned(must provide landlord with a receipt from the p@ftsnonal carpet cleaner. Rug doctors,ect are not acceptable)Lessee must use one of the following: Service Master 233-6699 or Stanley Steamer 231-2242 or any professional service, 6.Lessee agrees that Lessoi assumes no liability for Lessee's personal belongings or inconvenience due to fire,water,storms, flooding or any other catastrophe. We strongly recommend Lessee to carry renter insurance,Star Properties isnot responsible for any items in the basement,do not store valuables in the basemcn�basements do leak. �3R �...�.. '�7. Lessee agrees that NO PETS ARE ALLOWED ON THE PREMISI~S PERMANENTLY QR TEMPORARILY. Even a"visitor"is TAV,Wiatipn of this stipulation,.Under no circumstances may pets be acquired after occupancy. jr-an unauthorized pet is found on the premise, ALL Lessees who are on the lease will automatically forfeit their entries security deposit that was paid when you sighed the lease,plus cleaning expenses and damage that has occurred, -A.Lessee agrees to follow all trash&recycling guidelines established by the City of Oshkosh. If trash and recyclables are not taken out weekly we hold the right to take it out for you and haul it away and you will be charged aminimum fee Of$50-00 per occurrence. It is the tenant's responsibility to pay all trach&recycling fees charged by the City of Oshkosh to Star Properties for tenants who do not recycle or separate trash by the Cities guidelines.It is the tenant's responsibility to follow the guidelines set by the City of Oshkosh. "3 „8-B.GARBAGE CONTARCM OR CAN&RECYCLING CONTAINERS OR CANS Each unit has one(I)BLACK garbage 0F � - container or can and one(1)BLUE Recycling Container or can.If either Garbage container is Iost,stolen,broken,or missing,the following tenants will be billed for the cost of ordering a new container or can from the City Of Oshkosh.When the tenants lease ends if one or both cans are missing the cost of replacing the cans will be deducted from the tenant's security deposit,It is the tenant's responsibility to store the garbage Containers or Cans properly to the City of Oshkosh's guidelines,or behind the house.Any fines occurred for improperly storing garbage cans will be billed back to the tenants. Parking areas provided for operable licensed tenant vehicles only. These areas may not be used for storage of other vehicles,boats 'or car'parts. Parking is for tenant vehicles only and vehicles cannot be parked on an and towed at the expense of the owner(per city code$225.00 fine), p Y part of the lawn, Any offending vehicles will be ticketed' Q 10.See attached p smoke alarm sheet All required smoke detectors are properly installed in each unit for the rotection of the Occupants. It is a violation of Wisconsin State law and this lease to remove the batteries or tamper with time smolce detectors.Please notify Lessor immediately if you suspect any failure or problem with the smoke detectors. 4 �t';76. Any unit not vacated by noon on the last day of the lease will be charged$100.00 per day until all tenants property is removed from the premises. Lessee agrees that ifthe Lessee doesn't voluntarily pay era fees owed to Lessor. Lessor reserves the right to deduct these fees from the security deposit. xr. 27.All security deposits are due within 10 days of date of lease signing, Lessees agree to pay$100.00 per month per air condition unit,.if electric is in Star Properties name.If amount of electric increases ntnre than$100.00 per month„than tenants will be billed tlae difference.If tenant doesn't notify Lessor of air conditioner units and still rases one, Lessor will assume units were in place from May through September and bill tenants. Tenants agree to remove all units by October 151s or a bill will be assessed of$75.00 per unit. 39.Tenants are responsible for all.BROICsN WINDOWS and screens during lease tents,including vandalism to house or windows. 1 r `W1 30.Replace your light bulbs;Landlord does not supply window treatments,shades,curtains,curtain rods,shower curtains or rods,or light bulbs„ All work performed on behave of Landlord due to tenant waste or neglect will be billed as follows:Electrical(market Rate),Plunibin'g (Market Rate),Carpentry/Drywall(Market Rate),all others$40.00 per hour. 32„There is no smoking allowed in any Units,/louses,or Basements owned by Star Properties. { 'r33.Once the lease is signed for your rental unit,Star:properties does not take signed tenants back through the mental unit to measure rooms or to see the rental unit again.This is an inconvenience to current tenants. Any personal property lett on premise after the lease has expired,after the premises have been abandoned,„or after the tenant has complied with a legal notice to leave the premises,shall be thrown out or sold at the tenant's expense in accordance with state law. Tenants are obligated to notify the landlord of any situation or condition that exists that may result in damagos to the premise,You must notify us should any windows in basement areas or other areas be broken,particularly in winter months which may result in pipe freezing. Should we discover a situation existed which jeopardized the condition of the building and that you did not notify us of such condition,in writing, we will hold you responsible for any damages that resulted. 36,Lessee agrees that all minor repairs such as broken windows,holes in the walls or ceiling,loose items,plugged drains and minor plumbing leaks,broken locks,faucets.and other minor repairs are to be taken care of by the tenants at the tenant's expense. 37.Tenants agree that the security deposit paid to Star Properties will be returned in one chock made payable to one tenant that they appoink,If the lessees do not choose one person to receive the security deposit.Star Properties will choose a tenant,This allows lessees to mediate any disputes among the tenants and does not require the landlord to make any judgements regarding issues between the tenants, :3$. Any fines or citations that Star Properties receive because of Lessee's breaking the law,not following tine law,or not listening to what the©'shkosh Police Department or Oshkosh Fire Department are trying to enforce will be billed the amount of the fine or citation back and are responsible for payment of the citation.This includes the charge or enforcement of Abatement(continuing charges or being charged for the same offences of the law over and over), 11,099. Tenants herby do not give the landlord Star Properties of�Oshkosh,LLC permission to grant access to a gavernin offs (such 0as an inspector from the City of Oshkosh,a Police Officer,an employee from the University or Uw0 Police Officer)for any reason,other than authorized by State or Federal Law or in an eviction or emergency situations,Furthcrulore,this statement cannot be revolted except by a written notice from the tenant to the landlord Star Properties of Oshkosh,LLC and served per 704.21(21). i N u tl.If tenants contact or tenants are contacted and/or allows an Inspector from The City of Oshkosh to enter the property,AND any code violations that are found that were caused by actions or inactions ofthe"tonants and/or other family members or guests,the tenant shall pay for the cost of the INSPECTION(as imposed by the City of Oshkosh),the time of the property owner or their representative to attend tire inspection(s), and the costs of the repair(s).Should any code violations be identified that the tenant failed to notify the landlord of(in writing),and give a reasonable time for the landlord to have repaired,which are not the direct result of the tenant's actions or inactions,the tenant shall be responsible for the costs of the inspection(s)and the landlord's or their representative's time to attend the inspection(s).'chis time for the landlord or their representative shall be at$35.00 per hour or the present going rate.The City of Oshkosh will contact The City of Oshkosh Police if they see anything illegal,whether Drugs,Drug Paraphernalia,underage drinking or alcohol,houses that have been throwing parties in the basement will be watched or,contacted,or any illegal matters that are occurring or that have occurred.The Police will then contact the University of Oshkosh . who will then have any and all students involved thrown out of School.DO NOT LETT ANYONE IN YOUR HOUSE OTHER THAN ANYONE FROM STAR PROPERTIES OF OSHLCOSH'S wORJC11RS OR OWNERS.