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HomeMy WebLinkAboutRHAB Agenda 12.11.19 RENTAL HOUSING ADVISORY BOARD MINUTES October 9, 2019 PRESENT: Danny Garcia, Katrina DeGroot, Todd Hutchison, Timothy Ernst, Linda Jevaltas, Margy Davey ABSENT: Steve Herman STAFF: Allen Davis, Community Development Director, John Zarate, Chief Building Inspector, Lynn Lorenson, City Attorney,Andrea Flanigan,Recording Secretary CALL TO ORDER Mr. Ernst called the meeting to order at 3:30 p.m. CITIZEN STATEMENTS No one appeared for citizen statements. APPROVAL OF MINUTES-August 12,2019 The minutes of the August 12,2019 meeting were approved as distributed. (Davey/Hutchison) TENANT LANDLORD LAW Mr.Davis stated Attorney Lorenson is present today to discuss the City's role in the letter that was brought forward in late spring, early summer. The board had concerns about the letter and wanted to know what type of responsibility or abilities the board would have. Ms. Lorenson stated although the letter is concerning, the letter does not violate any ordinance under the City of Oshkosh and the City would not have a role in enforcing. Landlord tenant law is regulated under the Division of Consumer Protection,however it does not fit neatly into any one law. It would be best for a tenant to start with the Division of Consumer Protection and file a complaint. Ms. Davey asked if there was anything the board could do as far as outreach and education to potential tenants. Ms.Lorenson stated the board can provide factual information to students and renters and let them know the resources available such as Consumer Protection. Ms.Jevaltas inquired who brought the letter forward. Mr. Davis stated Attorney Forsgren shared the letter with the board. 11 Page Ms.Davey stated this landlord that wrote the letters owns 106 properties in the University area and creates an impact on students not requesting inspections. The board further discussed contents of the letter. Mr. Ernst questioned if the board would be allowed to write a letter to the landlord stating they do not agree with language and terms used in the agreement. This could be given to staff to present to the City Manager. Ms. Lorenson agreed that would be an appropriate route. Mr. Hutchison stated it seems like the fastest course for change would be for Attorney Forsgren to take this case to Consumer Protection. They then could rule that this type of language in an agreement is not allowed. Mr. Ernst stated the student may be able to file on their own without legal representation. Mr. Garcia questioned if there could be an ordinance drafted that would prohibit landlords from interfering,prohibiting or discouraging rental inspections. Ms. Lorenson stated there are a lot restrictions as to what cities can regulate in regard to landlords and tenants. It would take some research to determine what could be done. Mr.Davis stated the two-month tenant notice was asked to be added to the agenda for discussion. Ms. Jevaltas questioned if there were any laws prohibiting two month tenant notice. When a tenant feels uncomfortable living at their residence this can be problematic if they choose to find a different apartment to live in while paying rent on the first apartment.Many may not be able to afford it. Ms. Davey stated this would likely fall under the tenant landlord agreement which is a private matter. Mr.Hutchison stated leases that are 60 days'notice, for both tenant and landlord, allows the tenant more time to look for a new place if the landlord chooses to raise the rent or change the terms of the agreement. Rather than a 30 day notice that would not allow much time to find a new place. Mr. Garcia stated the 60 day notice is contractual and can work to the benefit of both parties. Ms.Davey stated the board agrees this is outside our purview. UW-O STUDENT MOVE-IN INSPECTIONS Ms. Davey received an update from Gabby Newman which stated OSA has a new group called Rent Housing Pad that will be implemented in January.This is a housing website that both UW Milwaukee and UW LaCrosse use and there are some nice features that allow tenants to screen landlords and file complaints. OSA has tabled the e-mail blast until the group is formed. Gabby will continue to act as a liaison between the University and Rental Housing Advisory Board. 2Page Mr.Hutchison stated it seems like the group forming and e-mail being sent out would be a separate issue. Ms.Davis stated he would like to learn more about the software for Rent Housing Pad and what could be included for educational purposes. INSPECTION UPDATE Mr. Zarate reported there were over 200 letters sent out since last meeting and conducted 21 voluntary inspections which had a total of 131 code violations. This is an average of 6.2%. The area where letters were sent was outside of the University area. Mr.Hutchison questioned how it is decided which areas letters are sent out. Mr. Zarate stated they select a zone on the map and start in one corner and work their way around the zone with about 100 letters per mailing. Most of the letters mailed out were in the University area. This round of letters, staff decided to send the mailing outside the University area to see if there was a better response rate. Mr. Hutchison questioned if most violations are being corrected within the 30 days. Mr. Zarate stated there has been a very high compliance rate when violations are found. Ms. Davey questioned if repairs are minor. Mr. Zarate stated most of the violations are quick fixes. If it is a larger repair that needs to be done staff has worked with the owner. ADA COMPLIANCE Mr. Ernst stated last meeting a citizen had a lack of accessible parking at his apartment. He stated it is his understanding landlords must make reasonable accommodations for the tenant. Mr. Zarate responded that State Statues only require a commercial building to have a certain number of handicap accessible parking. Single family or duplex rentals would not be required to provide off street handicap parking.If an apartment complex has three or more units in the building,it would be regulated. This would also apply to ADA codes inside the building. When three or more unit buildings are constructed or has alterations done,it must be ADA compliant. Mr. Ernst questioned if someone has concerns about ADA compliance who can they call? Mr. Zarate stated Inspections Division would handle any complaints or questions. OSHKOSH SATURDAY FARMERS MARKET There were two Famer's Markets that Rental Housing Advisory Board was able to attend this summer. The others were cancelled due to weather. 31 Page Mr. Ernst and Mr. Hutchison attended a September Farmer's market and provided literature to several residents, especially the landlord/tenant guide from the state. Ms.Davey stated next year it would be beneficial to track the number of contacts at each Farmer's Market and suggested a better set up with easels and poster boards. Mr.Hutchison suggested getting some weights for the tents and a different set up with easels. Ms. Jevaltas stated there was interest in a tenant association and the Farmer's Market would be a good place for them to sign up. Mr. Hutchison stated a person from the Farmer's market brought up the issue of vacant/ zombie homes and was wondering what the City could do about them. Staff discussed the proposed vacant registry and how it might interact with the County and their foreclosure processes. The board thought it would be a good idea to reach out to the County to find out more information. SOCIAL MEDIA UPDATE Mr. Zarate stated he attended the Winnebago Apartment Association meeting with Housing Inspector, Koelbl. The group asked a lot of questions and staff was able to show examples of violations that would need to be corrected. Mr. Ernst questioned if Mr. Zarate brought the letter and lease agreement from Attorney Forsgren to the Apartment Association meeting. Mr. Zarate responded he did not bring the letter with him to the meeting and it was not discussed. Mr. Hutchison stated he was at the Winnebago Apartment Association meeting and agreed the meeting went well and appreciated the inspectors attending to build a good working relationship. He stated the Board for the Winnebago Apartment Association met before the Association meeting and the letter was shared with the group.Many of the board members were surprised by the lease agreement and felt it was not good marketing to tenants. Ms. Davey suggested designating different topics for different months such as fire prevention and landlord/tenant relations for the social media page. If the board is interested in doing this, it would be a good idea to set a schedule. Mr. Ernst suggested setting the schedule next meeting for 2020. RENTAL HOUSING ADVISORY BOARD 2019 ACTION PLAN AND STRATEGIC PLAN The board discussed bringing ideas to the next meeting for the 2020 Action and Strategic Plan. 4Page FUTURE AGENDA ITEMS Attorney Lynn Lorenson and UWO Campus Attorney Forsgren Discussion on Lease Agreement ADA Compliance UWO Student Move-in Inspections Inspection Update Social/Traditional Media Update and Set Schedule Rental Housing Advisory Board 2020 Action Plan and Strategic Plan ADJOURNMENT There being no further business,the meeting adjourned at 4:28 p.m. (Davey/Jevaltas) Respectfully submitted, Allen Davis Community Development Director 5 Page IT Y � o OSHKOSH Mr. Andrew Prickett April 25, 2019 City of Oshkosh Housing Inspector PO Boit 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 y r Tenants, VERY IMPORTANT PLEASE HAVE ALL TENANT'S OF HOSE 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 attempt bx the cit to continue a ro ram that was alread tossed out b he court system. It's Sim oly an act of raven e a ainst the local Landlords that roved their ori lnal fnsnectfon program violated constitutional rights o_ f our tenants,Allowing this to continue will only drive up araperfv taxes and increase renfe Ln 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 handrails, 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. You are not mandated to allow the in ecEors into our roperty.The program 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 0SHK0SHj LLC NON STANDARD ENTAL pR_gVISION vrvy Yn4 aE;stis, .� 1,Lessee agrees that rent is due according to rent schedule on file rent Payment Addendum. The Lessor doesn't agree to pick up the serif;'A late charge of 5%will apply to rent received or postmarked after the specified due date and$5.00 per day ere r. TffiS'POLICY WILL BE STRICTLY ENFORCEDI �� �;'2,Rent-may be paid with a personal check however once a check doesn't clear or baunees,you will no longer be allowed to pay your 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 tbat do not clear. r `�"r`'3.Lessee a r; grecs that if Lessee doesn't voluntarily pay extra fees(i,e.late charge,returned check fees,etc)owed to Lessor as set forth m ftte lease and Non Standard Rental Provision,Lessor reserves the right to deduct these fees from the security deposit and tum 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, 0u'- fly�'`i�� -1100 a0410s 4.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 amount, 05-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 donelite premise will be cleazied and billed at a rate of$40,00 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 carpets professionally cleaned(mustproyide landlord with a receipt from the prolessronat carpet cleaner. Rug doctors,ect are not acceptable)Lessee must use one of the folio-win Service Master 233-6699 or Stanley Steamer 231-2242 or any professional service. g: w ,b.Lessee agrees that Lessoi assumes no Iiability for Lessee's personal belongings or inconvenience due to fire,water,sto , flooding or any other catastrophe. We strongly recommend Lessee to carry renter insurance,Star Properties is not responsible for any items in rms the basement,do not stare valuables in the basement,basements do teak. Ix7. Lessee agrees that NO PETS ARE ALLOWED ON THE PREMISES pERMANEIVTLY OR.TEMPORARILY. Even a"visitor"is liiiiilafi"'on of this stipulation,.Under no circumstances may pets be acquired atter occupancy. If an unauthorized pet is found on the premise, ALL Lessees who are on the tease will automatically forfeit their entries security deposit that was paid when you signed the lease,plus cleaning expenses and damage that has occurred, 8-A.Lessee agrees to follow all trash&recycling guidelines established by the City of Oshkosh. If trash and recyciables ane not taken "d �•.•sav 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 occuen tenant's responsibility to pay all trash&recycling fees charged by the City of Oshkosh to Star Properties for tenants who do not recycle or rrcc. Itis the separate trash by the Cities guidelines.It is the tenant's responsibility to follow the guidelines set by the City of 0shkosh, cco 8 B,GARBAGE)B NTAI HERS OR CAN&RECYCLING CONTAINERS OR CANS Each unit has one(1)13LACK garbage ror n onfaitrer or can and one(I)BLUE Recycling Container or can.If either Garbage container is lost,stolen,broken,or missing,the following tenants will be billed for the cost of ordering a new container or can from the City of Osbkosh,When the tenants lease ends if one or both cans are missing the cost ofreplacing 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 Oshlcosh's guidelines,or behind the house.Any will be billed back to the tehants. fines occurred for improperly storing garbage cans 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 bearked on an and towed at the expense of the owner(per city code$225.00 fine), g y part of the lawn' Any offending vehicles will be ticketed 10.See attached smoke alarm sheet. All required smoke detectors occupants. It is a are properly installed in each unit for the protection of the suspie t of Wisconsin State law and this Lease to remove the batteries or tamper with the smoke detectors.Please notify Lessor immediately ifyou suspect anyfallure or problem with the smoke detectors, ' yF �26. 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 , promises. Lessee agrees that if the Lessee doesn't voluntarily pay extra fees owed to Lessor. Lessor reserves the right to deduct these fees from the security deposit. �N,t7.All security deposits are due within 10 days of data of lease signing, r 1I 28.Lessees agree to pay$100,00 per month per air condition unit,if electric is in Star Properties name,If amount of electric increases more than$100.00 per month,than tenants will be billed the difference.If tenant doesn'tnotify Lessor of air conditioner units and still uses one, Lessor will assume units were in place from May through September and bill tenants. Tenants agree to remove all units by October 1P or a bill will be assessed of$75.00 per unit, s ,trs 29,Tenants are responsible for all BROKEN WINDOWS and screens during lease term,including vandalism to house or windows. ::�� c `A'30.Replace your light bulbs;Landlord does not supply window treatments,shades,curtains,curtain rods,shower curtains or rods,or light bulbs. &xO%E-1, 1t ,Wk.All work performed on behave of Landlord due to tenant waste or neglect will be billed as follows:Electrical(market Rate),Plumbing (Market Rate),Carpentry t Drywall(Market Rate),all others$40.00 per hour. t32.There is no smoking allowed in any Units,Houses,or Basements owned by Star Properties. All— 3..Once the lease is signed for your rental unit,Star Properties does not take sighed tenants back through the rental unit to measure rooms or to seethe rental unit again.This is an inconvenience to current tenants, 34,Any personal property left on premise after the lease has expired,after the premises have been abandoned,or after the tenant has campiied with a legal notice to leave the premises,shall be thrown out or sold at the tenant's expense in accordance with state law, 11-NE'��1+35,Tenants are obligated to notify the landlord of any situation,or condition that exists that may result in damages 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. -f Lessee agrees that all minor repairs such as broken windows,holes in the walls of ceiling,loose items,plugged drains and minor plumbuig leaks,broken locks,faucets,and other minor repairs are to be taken care of by the tenants at the tenant's expense. °mak}37.Tenants agree that the security deposit paid to Star Properties will be returned in one check made payable to one tenant that they appoint: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, fines or citations that Star Properties receive because of Lessee's breaking the law,not following the law,or not listening to what the O'stnkosln Police Department or Osbkosh Fire Departmenit 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), ;± � `39. Tenants herby do not give the landlord Star Properties of Oshkosh,LLC permission to grant access to a government official(such as an inspector from the City of Oshkosh,a Police Officer,an employee from the University or UWO Police Officer)for anyreason,other than. authorized.by State or Federal Law or in an eviction or emergency situations.Furthermore,this statement cannot be revoked except by a written notice from the tenant to the iandtord Star Properties of Oshkosh,LLC and served per 704.21(21), �64 0,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 of the tenants 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 the 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 inaetions,'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),This time for the landlord or their representative shall beat$35.00 per hour or the present going irate.The City of Oshkosh will contact The City of Oshkosli Police if they see anything illegal,whether Drugs,Drug Paraphernalia,underagedrinking or alcohol,houses that have been throwing parties in the basement will be watched or contacted,or any illegid 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 LET ANYONE IN YOUR HOUSE OTHER THAN ANYONE FROM STAR PROPERTIES OF OSHKOSH'S WORKERS OR OWNERS. 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