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HomeMy WebLinkAbout10.09.19 Minutes 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. .1.. I 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. 2 I " age 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 comer 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 Farmer's Markets that Rental Housing Advisory Board was able to attend this summer. The others were cancelled due to weather. 3IIPa 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. 4IPa 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 5II Pa