HomeMy WebLinkAbout02.10.21 RHAB Full AgendaRental Housing Advisory Board
February 10, 2021
3:30 PM
Due to the current COVID-19 emergency, this meeting will be conducted virtually only. There will
be no general public comment at this meeting of the Rental Housing Advisory Board. Citizens are
encouraged to consider submitting written comments. Written public comments may be sent via
mail addressed to amaier@ci.oshkosh.wi.us or placed in the City Hall dropbox. Written comments
will be distributed to the Rental Housing Advisory Board and made part of the public record of
the meeting. This meeting will be available live on Channel 10 in the City of Oshkosh, live
streamed on oshkoshmedia.org, live on WOCT radio station 101.9 FM, live through Roku, Apple
TV and Amazon Fire Stick. You may also view the meeting later on oshkoshmedia.org and the
Oshkosh Media YouTube channel. If anyone requires other reasonable accommodation, please
contact the Community Development Office at amaier@ci.oshkosh.wi.us or 920-236-5055.
Meeting Information:
Link: https://tinyurl.com/y68lu9j7
Password: FvyFuBu4u59 (38938284 from phones and video systems)
Phone Number: 1-510-338-9438 Access Code: 182 410 7542
To Whom It May Concern:
Please note the City of Oshkosh Rental Housing Advisory Board will meet on Wednesday,
February 10, 2021 at 3:30pm via WebEx to consider the following agenda:
A. Call to Order
B. Roll Call
C. Citizen Statements
D. Approval of Minutes – December 9, 2020
E. ADVOCAP Wisconsin Rental Assistance Program (WRAP) Update
F. Approve Tenant Bill of Rights
G. Approve 2021 Strategic Plan and Action Plan
H. Winnebago County Eviction Data
I. Website and Social Media Discussion
a. New Resource - Fair Housing Guide for Rental Property Owners and Managers
https://www.fairhousingwisconsin.com/fair-housing-guide-for-rental-housi
J. Other Business
K. Adjourn
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Rental Housing Advisory Board Meeting Minutes
December 9, 2020
Present: Alec Gulan, Lynnsey Erickson, Timothy Ernst, Linda Jevaltas
Excused: Donn Lord, Danny Garcia, Agnes Payne, Todd Hutchison, Katrina DeGroot
Staff: Allen Davis, Community Development Director
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 - October 14, 2020
The minutes of the October 14, 2020 meeting were approved as distributed. (Erickson/Jevaltas)
Discussion Regarding Wisconsin Rental Assistance Program (WRAP) with Representative from
ADVOCAP
Ms. Scheer was unable to attend this meeting of the Rental Housing Advisory Board. Ms. Scheer sent
the following e-mail to be shared with the board:
Here's the stat's I can provide, as ADVOCAP was unable to pull any reports on the last extract. The state locked
us out as of 11/24, but we are expecting wrap up details and I will forward them at a later date.
As of 11/18/2020
County # of Households Total spent on rent, security deposit,
and mobile home lot fees
Calumet 33 $ 51,853
Fond du Lac 315 $ 558,052
Green Lake 27 $ 45,080
Winnebago 576 $ 998,469
Total 951 unduplicated $ 1,653,454
PLUS an additional $94,204 was spent between 11/18 and 11/24 for a total of $1,747,658 spent from mid-June
until 11/24. Approximately 213 households received assistance for either more than one month, or rent and
security deposit, but close to 1,000 unduplicated households were served, when you add the stats from the last
week.
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We are unsure of any future funding, either State or Federal, or for that matter local. In these political times,
there are far more questions than answers, although we do believe there will be some sort of assistance available.
We have small amounts of funds to assist with rental payments and eviction prevention. I say small, as we were
going through nearly $100,000 a week with WRAP - and we have approximately $300,000 available in other
funds. The funding sources, however, are far stricter with their eligibility.
Again, I apologize for not making the meeting, but will be happy to answer any questions you may have.
Mr. Ernst asked if there were any questions for Ms. Scheer to include in a follow-up e-mail.
Ms. Jevaltas replied that her question is with regard to people that are on the waiting list and what
need is at this point, is there a tremendous need or are we in pretty good shape.
Mr. Davis replied that he will ask Ms. Scheer about a waiting list and the length of the waiting list.
Mr. Ernst stated that he would like to know if there are additional housing providers refusing to
accept the funds because that was something that Ms. Scheer brought up in the past.
Winnebago County Eviction Prevention Task Force Update
Ms. Erickson stated that the task force is part of her role at the health department. A smaller group
had been meeting prior to COVID for a few years looking at eviction mediation as an issue, but since
COVID they have expanded the group and are now focusing on housing stability. They have been
meeting regularly since April. The members are herself on behalf of the County Health Department,
Winnebago Conflict Resolution Center, the City, Rent Smart, Donn Lord on behalf of the Apartment
Association, Legal Action of Wisconsin, the United Way Community Foundation, Lu Scheer on behalf
of ADVOCAP, and Forward Services. Throughout the summer they had been focusing on some
actions they could take to make sure tenants knew about eviction moratoriums and what resources
were available. Once the rental assistance program came out, they did some communications through
their partners to make sure that word got out on how to apply for funding. On the Oshkosh area
United Way’s website, there is a listing of all of the landlord and tenant resources and also a few
information sheets, which are translated in various languages. One information sheet includes reasons
to rethink evictions. This is done in conjunction with United Way’s 211 resource, so if anyone calls 211
looking for housing assistance, they have all of the updated resources for the area. Anyone can check
out the Oshkosh United Way’s website or call 211. Moving forward with the task force, they’re looking
at some kind of long term policy and systems changes. They just hired a facilitator to walk them
through an action planning process, so they’ll be compiling all of the eviction data they have access to
and that data is publically available through C-Cap. They also look at other indicators of housing
instability including the data that Ms. Scheer provides. They’re not sure what those long terms
solutions are going to be yet, but she would be happy to bring any suggestions RHAB has back to the
task force.
Mr. Ernst asked if there was a timeline for actions.
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Ms. Erickson replied that they will be doing the action planning process January through May of next
year. After May, they’ll have their plan set and they’ll be pursuing those solutions. They will likely be
doing more input sessions to get more input from renters and landlords to housing providers.
Mr. Ernst asked if any board members had questions or suggestions for Ms. Erickson.
Mr. Davis asked if the facilitator will be reaching out to more members of the community like RHAB.
Ms. Erickson replied affirmatively, stating that will be the recommendation to them, whether it be a
facilitator or a task force member doing the outreach. They want to make sure that they have the
comprehensive data and input so that they understand what’s going on throughout the county and
what actions they can take.
Mr. Ernst stated that he is interested in landlord tenant court as a mediation alternative and having a
specialized body to handle housing disputes as opposed to brining tenants through the normal small
claims system. It is not unreasonable to say the small claims system disadvantages them dramatically,
so that is something he is interested in.
Ms. Erickson replied that how to expand mediation so that it happens before it gets to the courts has
come up a few times.
Ms. Jevaltas asked if any data will be gathered through community agencies and if they are getting
any data from surveys.
Ms. Erickson replied that so far they have done some surveys with housing providers and landlords to
see what the impact of COVID has been to determine how many of their tenants have been behind on
rent or how many of them have come up with an agreement on rent with their tenant. She thinks
they’ll be looking to do more surveys like that with renters themselves.
Ms. Jevaltas replied that getting in touch with the University would be a good idea.
Ms. Erickson replied affirmatively.
Mr. Gulan asked if it was directed toward student housing or if student housing was involved in the
study or if it is strictly residential.
Ms. Erickson replied that they want to figure out how to engage the student side of things because
obviously that can have a big impact on housing stability. She said that if anyone has suggestions on
who that might be from the student side, she would be happy to follow up.
Mr. Gulan stated that he owns two college rentals near the campus and he’s been curious as to how
many people have been affected in that area or if it’s just more residential landlords.
Ms. Jevaltas asked for confirmation that RHAB had a student liaison before COVID hit.
4
Mr. Davis replied that he attempted to follow up with her, but there was something regarding the
University where she was put in this kind of limbo and he never really heard back about what
happened with her.
Mr. Ernst stated that OSA is probably a good group to reach out to on campus.
Mr. Davis stated that the City doesn’t track evictions, only foreclosures. He asked who tracks them
and if there a good way to put a report together to see where these evictions are taking place so he has
a better understanding of what’s going on in the City. He’s never really seen a report on something like
that, so he’s curious if anything like that exists.
Ms. Erickson replied that they have been culling the data from what they have access to publically
through C-Cap. They’ve only collected it county-wide. They haven’t had the capacity to do it for
Oshkosh only. In 2019, there were 767 evictions filed and as of December 2nd of this year, there have
been 594 evictions filed.
Mr. Ernst asked where the number falls in terms of the median of other years.
Ms. Erickson replied that from 2016 through 2019, the average for the month of November was 54
evictions. For this past November, there were 53 evictions. Despite being under an eviction
moratorium, there were the same number of evictions as the past four years. She would say that this
year has been slightly less, but that’s with three different moratoriums throughout the year. They will
see how 2021 plays out.
Mr. Davis asked if there are discussion about extending any kind of eviction moratoria.
Ms. Erickson replied that she has not heard anything definitive. Right now they are under the CDC
moratorium and tenants need to qualify under certain criteria and sign a declaration form, so it
doesn’t cover everyone. She would expect that it would be extended, but there has been nothing
definitive yet.
Ms. Jevaltas asked if the November evictions had to do with tenant behavior and those kind of things.
Ms. Erickson replied affirmatively, and added that it could also be tenants who did not qualify for the
criteria. Some of the criteria is income below $90,000, an effort must have been made to find other
housing assistance, and that if you would become homeless if you were to become evicted. It could
also be tenants who did not fill out a form an turn it into their landlords.
Ms. Jevaltas asked if information about how tenants can get forms is available on the United Way
website.
Ms. Erickson replied affirmatively. There is a form on the housing page of the United Way website
called tenant information sheet which has links to the declaration form that a tenant would have to fill
out. They’ve been referring folks to call Legal Action of Wisconsin and they can walk the tenant
through to make sure that they actually qualify for the moratorium.
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Approve Tenant Bill of Rights
Mr. Ernst stated that he updated the draft with what he thought was agreed upon in October. He took
the minutes and tried to generate the list as best he could. There are places where it says add contact
information because he wasn’t sure what the appropriate way to include that would be in terms of the
legalese or even what type of information we want to put in there. He said that if its phone number
and website, then that’s fine.
Ms. Jevaltas stated that on section D, Freedom from Discrimination, where it says tenants are
protected from unfair treatment from housing providers on the basis of race, religion, biological sex,
gender, political affiliation, etc., she thinks that all of that needs to be spelled out, like disability and
those kind of things rather than etc.
Mr. Ernst asked if there were any other classifications that should be added.
Mr. Gulan replied that the fair housing requirements are race, national origin, religion, sex, familial
status, and disability.
Motion by Jevaltas to postpone Approve Tenant Bill of Rights until February 10, 2021 Rental Housing Advisory
Board meeting.
Seconded by Erickson.
Approve 2021 Strategic Plan and Action Plan
Motion by Jevaltas to postpone Approve 2021 Strategic Plan and Action Plan until February 10, 2021 Rental
Housing Advisory Board meeting.
Seconded by Erickson.
Affordable Housing Study Update
Mr. Davis stated
Adjournment
There being no further business, the meeting adjourned at 4:17 PM. (Erickson/Jevaltas)
RENTAL HOUSING ADVISORY BOARD OF THE CITY OF OSHKOSH, WISCONSIN
FEBRUARY 10, 2021 21-01 RESOLUTION
(APPROVED_______LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE TENANT BILL OF RIGHTS
WHEREAS, there is an imbalance in power between landlords and tenants in the
City of Oshkosh, and
WHEREAS, state lawmakers, through influence from housing providers, use
legislation to preference landlord rights over the rights of tenants, and
WHEREAS, housing providers in the City of Oshkosh misrepresent and deny
tenant rights through dishonest communication, and
WHEREAS, housing providers in the City of Oshkosh attempt to obstruct the
City’s ability to protect tenants, and maintain the habitability of dwellings through
lawsuits and outright disobedience of the law, and
WHEREAS, the economic downturn caused by the COVID-19 crisis further
exacerbated the power imbalance between tenant and landlord, and
WHEREAS, the State of Wisconsin is not part of the Uniform Residential Landlord
and Tenant Act, and
WHEREAS, the City of Oshkosh has identified several impediments to fair and
affordable housing,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the Tenant Bill of Rights, per the attached, is hereby approved.
CITY OF OSHKOSH
RENTAL HOUSING ADVISORY BOARD
TENANT BILL OF RIGHTS (DRAFT 4 – UPDATED 02/2021)
I. RIGHT TO JUSTICE AND FAIR, EQUITABLE TREATMENT UNDER THE LAW:
A. LEASES: Tenants have the right to a rental agreement, which holds tenant and provider
accountable for individual obligations. Tenants have the right to freedom from illegal and
unenforceable non-standard rental provisions (WI State Statute 704.44; ATCP 134.08)
B. SECURITY DEPOSITS: Tenants have the right to the return of their full security deposit
within 21 days of terminating the lease, less charges damages explained with an itemized list,
not to include normal wear and tear or professional carpet cleaning. Tenants have the right to
sue for un-returned security deposits for up to double the amount (WI State Statute 704.28;
ATCP 134.06).
C. FEES & FINES: Tenants have the right to a receipt for any payment to a landlord. Tenants
have the right to freedom of fees and fines not called for in the lease (ATCP 134.03; 134.09)
D. FREEDOM FROM DISCRIMINATION: Tenants are protected from unfair treatment from
housing providers on the basis of race, national origin, religion, sex, familial status, and
disability.
E. FREEDOM FROM RETALIATION: Tenants have the right to fully exercise the full the scope
of their rights and privileges as afforded by the law, including the right to inspections for health
and safety violations, and the right of tenants to organize (ATCP 134.09).
II. RIGHT TO PEACEFUL ENJOYMENT OF THE DWELLING:
A. ENTRY: Landlords must notify tenants at least 12 hours in advance of entry for repairs,
inspection or to show the property to a buyer. Any entry done without notification or to
address an emergency is illegal (WI State Statute 704.05; ATCP 134.09).
B. EVICTIONS: Tenants have the right to written notice in the case of 5-, 14-, or 21-day
evictions, and right to cure (WI State Statute 704.17).
C. Tenants have the right to 28 days notice to terminate a month-to-month lease (WI State
Statute 704.19).
D. Tenants have the right to enjoy the duration of their rental agreement in the event of sale of
the property (WI State Statute 704.19).
E. Tenants have the right to remain their dwelling during national or statewide eviction
moratoriums.
III. RIGHT TO HEALTH AND SAFETY:
A. Tenants have the right to safe and habitable dwellings which meet the minimum housing
standards as provided in local ordinance.
B. Landlords must disclose code violations affecting habitability (ATCP 134.04).
C. Tenants have the right to report damages within 7 days of moving in, and to expect repairs of
any damages (WI State Statute 704.08).
D. Tenants have the right to request and receive repairs within a reasonable timeframe and at
reasonable cost (ATCP 134.07).
E. Tenants have the right to periodic and scheduled inspections in order to address habitability
issues cause by negligence (ATCP 134.09).
IV. RIGHT TO SEEK ASSISTANCE IN LANDLORD DISPUTES:
A. Tenants may contact the Inspection Services department of the City of Oshkosh to request a
habitability inspection, especially in instances where landlords neglect to make requested
repairs: https://www.ci.oshkosh.wi.us/ConnectOshkosh/
B. Tenants may seek legal advice for landlord tenant disputes. Tenants in Oshkosh should
contact Legal Action of Wisconsin: 855-947-2529, https://www.legalaction.org/
C. Tenants have the right to seek financial assistance from national, state, and local
governments. Tenants in Oshkosh should contact ADVOCAP for assistance: 920-922-7760,
advocap.org
D. Tenants in Oshkosh can find additional resources at the Rental Housing Inspection Board
website: https://www.facebook.com/CityofOshkoshRHAB/
Rental Housing Advisory Board – 202119 Strategic Plan
Membership and Terms: The Oshkosh Rental Housing Advisory board shall consist of seven (7)
members. Each member shall serve for a period of three (3) years. The board’s composition
should seek to reflect the diverse interest in rental housing conditions, such as, but not limited to
nor excluding, landlords, tenants, neighborhood association representatives, health and safety
professionals, real estate agents, and contractors.
Purpose: The purpose of the Rental Housing Advisory Board is to advise staff on the creation of
rental housing educational materials and residential rental training programs for landlords and
tenants, to review and make recommendations regarding city policy or changes to the
municipal code pertaining to rental housing. This includes all matters related to health, safety,
and general welfare of the renting public.
Advise
• Attend six12 meetings per year
• Review policy pertaining to rental properties
• Create Monitor rental inspection districts
• Respond to state rental inspection changes
• Report to Council on a regular monthly basis
• Monitor progress of affordable housing study and provide feedback to consultant
• Monitor continued need of rental assistance due to COVID-19
Educational Materials
Distribute appropriate materials prepared by other entities that pertain to our purpose
• Tenants Bill of Rights
• Rent Abatement
• Tenant Association Brochure
Create and distribute materials containing information to educate landlords, renters, and the general
public on issues pertaining to local rental housing
• A Helpful Guide for Renting in Oshkosh
• How Our Inspection Program Works
• Information on Short Term Rentals in Oshkosh
Training Programs
• Inspection Certification (note: this was on our outline, but needs clarification)
• Code Compliance Training: Research, develop and implement a training course on code
compliance focused on the needs of landlords
• Landlord/Tenant Rights: Research, develop and implement a program to educate
landlords and tenants on their respective rights
• Fair Housing: Schedule anti-discrimination training directed at both landlords and
tenants through the Fair Housing Council
• Rent Smart 2019: Direct tenants to these free virtual workshops provided by UW Extension
• Hold a workshop on the viability of creating and/or supporting tenant associations
Outreach
• Farmers Market: Participate in local farmers market as an opportunity for education and
outreach to the community
• State of the City: Create and staff an exhibit to make our presence known
• Collaborate with local associations with an interest in rental properties including the Winnebago
County Apartment Association, neighborhood associations, RentSmart at UW Extension, the
Fair Housing Council, World Relief, and Catholic Charities
• Monitor and update online resources and communications
Rental Housing Policy/Code Changes
Research policies and codes from other municipalities. Consider best practices, modify existing or write new policies
or code to address local needs. Investigate categories:
• Residency requirements for landlords/property managers
• Mobile homes
• Landlord/tenant mediation
• Service animals
• Protected Class code update
• Vacant Property Registration Ordinance (VPRO)
Rental Housing Advisory Board – 202119 Action Plan
Advise
Topic Action to Take Responsible Party Completion Date
RHAB Meetings Attend bi-monthly Board members End of term
Policy review Review as pertains to
City rental properties
Staff, Board
members
Inspection districts MCreate and monitor Staff, Board
members
State legislative
changes
Monitor
Respond as needed
Staff
Staff, RHAB
Report Keep Council
informed of
progressProvide
monthly update to
Council
Council Liaison
Housing Study Monitor progress and
provide feedback to
consultant
Staff, Board
Members
Rental Assistance
due to COVID-19
Monitor continued
need of rental
assistance due to
COVID-19
Staff, Board
Members
Educational Materials
Topic Action to Take Responsible Party Completion Date
Distribute existing
pertinent materials:
Tenants Bill of Rights
Rent Abatement
Tenant Assn Flyer
Determine
distribution points
Determine
distribution methods
Staff, RHAB
Create needed
materials:
A Helpful Guide for
Renting in Oshkosh
How Our Inspection
Program Works
Information on Short
Term Rentals
Create and/or
approve content for
information not
covered in existing
materials
Upon completion,
print and distribute
Staff, RHAB
Training Programs
Topic Action to Take Responsible Party Completion Date
Inspection
Certification
(needs
clarificationed)
Code Compliance Training for
landlords: research,
develop, implement
RHAB
Landlord/Tenant
Rights
Education on
respective rights:
research, develop,
implement
Fair Housing Anti-discrimination
for tenants/landlords
Staff with Fair
Housing Council
Rent Smart 2019 Supply class info Staff with UW
Extension
Tenant Association Study viability given
transient nature of
tenancy
RHAB
Outreach
Topic Action to Take Responsible Party Completion Date
Farmer Market Participate RHAB
State of the City Create and staff
exhibit each year
RHAB, Staff
Collaboration Reach out to local
associations sharing
same purpose as
RHAB
RHAB, Staff
Website Monitor and update
online resources and
communications
RHAB, Staff
Rental Housing Policy/Code Changes
Topic Action to Take Responsible Party Completion Date
Residency
requirements
Research, modify or
write policy or code
RHAB, Staff
Mobile homes Research, modify or
write policy or code
RHAB, Staff
Landlord/tenant
mediation
Research, modify or
write policy or code
RHAB, Staff
Service animals Research, modify or
write policy or code
RHAB, Staff
Protected Class Research, modify or
write policy or code
RHAB, Staff
VPRO Research, modify or
write policy or code
RHAB, Staff
Winnebago County Evictions
2016 2017 2018 2019 2020
Average (2016-
2019)
January 15 33 49 61 68 40
February 53 40 36 51 70 45
March 42 35 34 56 40 42
April 29 26 40 56 4 38
May 54 42 59 58 35 53
June 50 41 75 56 84 61
July 55 41 49 69 65 56
August 49 56 40 86 78 62
September 55 30 62 62 47 51
October 62 40 45 64 42 51
November 42 30 63 82 53 54
December as of
12/14/20 29 48 49 66 30 44
Total 535 462 601 767 616
Renter-occupied housing
units 24697 24657 24570 24641.33
Eviction Rate 2.17% 1.87% 2.45% 3.11%
535
462
601
767
616
2016 2017 2018 2019 2020
The number of evictions filed each year in Winnebago County
has been increasing.
40
45
42
38
53
61
56
62
51 51
54
44
January February March April May June July August September October November December
2016 -2019
The average number of evictions filed monthly in Winnebago County
are highest in the summer.