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HomeMy WebLinkAboutRental Housing Board 06.03.20Rental Housing Advisory Board June 3, 2020 4:00 PM To Whom It May Concern: Please note the City of Oshkosh Rental Housing Advisory Board will meet on WEDNESDAY, June 3, 2020 at 4:00 in Room 406 (Council Chambers) at Oshkosh City Hall, 215 Church Avenue to consider the following agenda: A. Call to Order B. Roll Call C. Citizen Statements D. Approval of Minutes- February 12, 2020 F. Discussion Regarding Eviction Moratorium Ending May 26tn. E. Adjourn Rental Housing Advisory Board Meeting Minutes February 12, 2020 Present: Danny Garcia, Timothy Ernst, Steve Herman, Todd Hutchison Linda Jevaltas, Margy Davey Excused: Katrina DeGroot Staff: Allen Davis Community Development Director; John Zarate, Chief Building Inspector; Andrea Flanigan, Recording Secretary Call To Order Mr. Ernst Called the meeting to order at 3:30 PM. Citizen Statements No one appeared for citizen statements. Approval of Minutes- December 11, 2019 The minutes of the December 11, 2019 meeting were approved as distributed. (Davey/Herman) Attorney Forsgren Mr. Forsgren discussed with the board services he is able to provide to students regarding housing. He stated he supports the rental housing inspection program since it shows initiative by the City to keep tenants and students safe. Mr. Garcia asked Attorney Forsgren's opinion on an ordinance that would prohibit landlords from discouraging participation in the rental inspection program. Mr. Forsgren stated he would like to see something like that but believes it would be difficult to enforce. Mr. Ernst inquired if students are aware of the rental inspection program. Mr. Forsgren stated he believes some students are aware of it but it wouldn't hurt to send out an e-mail or more information to the students regarding the program. The board discussed different ways for outreach with Mr. Forsgren and how best to educate students about renting and information regarding the inspections program. New Tenant Law Mr. Garcia stated he would look at drafting language and bringing it forth to the City Manager and City Attorney. The ordinance would prohibit landlords from discouraging rental inspections. The board agreed to move ahead with it. Bill of Rights Mr. Ernst stated he has been working on a tenant bill of rights which lists 10 opportunities and rights tenants have while living in a property. In discussion with the City Manager, it was decided a resolution in support of the Bill of Rights for Tenants would be the best way to proceed. Code Compliance — Landlord Training Mr. Ernst is preparing a powerpoint presentation and breaking down the inspection checklist into interior and exterior. In the presentation there will be state and local laws and how the different items on that checklist fit into those laws. There will also be hints and tips to make corrections. Ms. Davey asked if this was targeted towards landlords. Mr. Ernst stated it would be geared towards landlords that have not been in compliance with the inspections or have not made the repairs. Social and Traditional Media Update Mr. Zarate stated the board has decided to have a theme or topic for each month. January was fire safety and February will be about the importance of renter's insurance. Mr. Ernst stated energy efficiency would be a good topic for March. Ms. Davey stated there is a program for landlords where they can benefit from improving their property. Mr. Zarate stated if there are anymore topics the board would like to have on social media to e-mail him. Inspections Update Mr. Zarate stated there was 1 inspection out of 200 letters that were sent out to tenants. There were two other inspections called in around the University that had just moved in and wanted an inspection. Staff did not consider this a complaint based call because the students had just moved in and were calling about the inspection program. The average number of violations per inspection was 7. Ms. Davey suggested the inspector could leave his card behind for the students to pass along to friends. Residency Requirements for Landlords Mr. Ernst stated there are several communities across the US which have residency requirements. The City does require a landlord or property agent to register with the City so there is a contact person if contact should need to be made. A variety of cities have taken it a step further and required the landlord or agent to live in the City or within a certain distance of the city. Various communities have found it helps deal with a lot of common problems such as mold and ensuring reliable maintenance. Mr. Enrst would like to amend part of the ordinance to include residency in the City along with registration. Mr. Herman stated Council struggled with requiring landlords to register and does not believe they would approve of requiring residency. Mr. Hutchison stated he does not understand what this would solve by approving a residency requirements. Mr. Hutchison has seen this in Milwaukee and it created issues when it comes to tracking and trying to verify that the agent or owner does in fact live in the City. There ends up being a lot of turn over and is extremely difficult to track. Mr. Garcia stated if these out of state landlords see there is a residency requirement, it could end up hindering development in the future. They may not be able to meet the requirement and go somewhere else. Mr. Herman stated the main reason for the registration of landlords was for the police department. If there was an issue at the property they could contact the owner. A majority of the board agreed action on this was not necessary at this time. Follow Up to January 28th Workshop This workshop discussed impediments to fair housing and the Community Development Block Grant program (CDBG). Mr. Ernst stated there was a lot of good information in the literature. Future Agenda Items- April 8th 2020 — New Tenant Law — Bill of Rights — Code Compliance — Social Media Updates — Inspection Update — Action Plan and Strategic Plan Adjournment There being no further business, the meeting adjourned at 4:18 (Davey/Jevaltas) Information Provided to Council from City Attorney Lorenson Municipal Options Pertaining to Potential Assistance for Landlords & Tenants During & After the COVID-19 Emergency 1. Current Status of Renter Protections a. WI Emergency Order #15 — Expires May 26, 2020 i. On March 27, 2020 an Emergency Order was issued putting a 60 day ban on the filing of rental eviction actions. ii. The emergency order expires at the end of the day on May 26, 2020. iii. Nothing in the order relieves an individual from paying their rent. b. Federal CARES Act— Expires July 25, 2020 i. On March 27, 2020 — Federal Gov. passed the CARES Act. ii. For 120 days, the Act prohibits evictions and the accrual of interest/penalties for renters living in properties that (1) are federally subsidized, or (2) have federally backed mortgages. Expires on July 25, 2020. iii. It's estimated this covers at least 25% of rental properties. iv. There are a few more nuances to this Act that may help certain renters, but the major benefit will be in sub (ii) above. 2. Municipal Options - Stopping Evictions/Reducing Rent Can't be done at City level 1. Wis. Stat. § 66.1010 prohibits the City from enacting an ordinance prohibiting a landlord from pursuing an eviction action. 2. Wis. Stat. § 66.1015 prohibits the City from regulating the amount of rent or fees charged for a residential tenancy. 3. Wis. Stat. § 704.07 prohibits City from abating (reducing) rent unless it is related to conditions that materially affect the health or safety of the tenant or substantially affect the use and occupancy (i.e. mold, hole in roof, etc.) 3. Possible Avenues for Relief a. Rental Relief Fund i. Other cities have done this. A few we have found are included below: 1. Orlando - allocated $1.8 million. Ran out of funds in one week. 2. Boston - $3 million. Had to shift to "lottery" based on number of applications. 3. Seattle/King County - allocated $5 million through United Way. Received 7,000 applications in two days. Shut down program until further funding is available. 4. LA County - Looking to implement in the next 30 days. 5. Chicago - Grant program. Forms are online. No report on effect of program yet. 6. San Antonio - Voluntary participation by landlords. They have to agree to forgive 25% of rent, and City would pay the remaining 75%. 7. Volusia County, FL - Forms online. 8. A brief internet search did not reveal any WI cities have started a rental assistance program yet ii. Issues to Consider: 1. How much money can be allocated? a. Potential Source(s) of Funding i. CDBG Funds ii. Healthy Neighborhoods b. What happens if applications exceed funding? 2. Criteria a. Proof that loss was attributable to COVID? b. Household income limitations? Consider # of occupants? Total income and expenses of living unit? Consideration of other sources of relief - unemployment compensation? UW programs? c. Do they need to have been current on rent at Declaration of Emergency? d. Does it actually stop the eviction? i. If this is the second time in the last twelve months that the tenant has received notice for non-payment, paying rent will NOT stop the eviction. e. Inspection requirement for rental properties? 3. Who will supervise administration of funds? 4. Would landlords be required to waive default in order to receive payment? Forgive a portion of the debt owed? 5. Cap the amounts given out (i.e. $500 per applicant). If we "cap" the amount, are we going to give funds even if it doesn't cure the default? 6. Are we going to help homeowners too? b. Informational Resources i. Leverage Existing Community Resources - for example: Legal Aid/Winnebago County Conflict Resolution Center; UWO; HUD/Sec. 8; etc... ii. Create Tenant Resource Center/Create a page on City website for renters with links to resources COVID 19 Tips/ Information for Landlords and Tenants on City of Oshkosh Website -a I 111nffl ta O,'I,u,KOSH TENANTS Let your landlord know if you or anyone else in your household experiences a loss of income. Remember —your landlord wants to avoid eviction as much as you do. Work out a payment plan as soon as possible with your landlord. GET TOUCH! Call 2-1-1 or Text Your Zip Code to 898211 Call Legal Action Toll Free: (855) 947-2529 oshkoshunitedway.org/housing Ailk WINI EBAG0 ESEi LlC] ,244 LEG'AL�Action FINDING THE KEY Get Help. Give Help. O F W I s c o r n IN To C ONS17NSUS Content updated as of May 15, 2020. Printing supported by the Oshkosh COVID-19 Relief Fund of the Oshkosh Area Community Foundation and Oshkosh Area United Way. Alk WINNEBAGO CAP F. !CT f RUC _u (N I CENTER, INC. FTNDINC THE. KEY TO CONSENSUS GET IN TOUCH! oshkoshunitedway.org/housing LEGALAction c. Get Help. Give Help. Content updated as of May 15, 2020. Ftyer supported by the Oshkosh COVID-19 Relief Fund of the Oshkosh Area Community Foundation and Oshkosh Area United Way. DATCP Landlord Tenant COVID 19 FAQs and Emergency Rule Related to Residential Rental Late Fees and Penalties :!t C � m O L / 1 t M .= a _L<Lo .> O �-0 F La o W i di 70 = C, U c 41 n fU aai f0 UI L L. 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