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HomeMy WebLinkAbout04.13.2022 Rental Housing Advisory Board Full Agenda REVISEDRental Housing Advisory Board Wednesday, April 13, 2022 City Hall Room 406 3:30 PM ****REVISED**** To Whom It May Concern: Please note the City of Oshkosh Rental Housing Advisory Board will meet on Wednesday, April 13, 2022 at 3:30pm in City Hall Room 406 to consider the following agenda: I. Call to Order II. Roll Call i. Board Seats III. Citizen Statements IV. Approval of Special Meeting Minutes – March 9, 2022 V. Partner Organizations Update i. Rental Assistance – Lu Scheer, ADVOCAP ii. Winnebago County Eviction Prevention Task Force – Eviction Data VI. Inspections Staff Update i. Social Media ii. Complaint Based Rental Inspections 2017-2021 iii. Rental Registry Inspection Program VII. Public Information Campaign – Tenant and Landlord Rights VIII. Other Business IX. Adjournment WORKSHOP: I. Housing Study March 2022 Final Version – https://rdgusa.com/sites/oshkosh/2022/02/23/view-the-final-document/ i. Rental Housing Advisory Board Recommendations * * * Rental Housing Advisory Board Minutes 1 Rental Housing Advisory Board Special Meeting Minutes March 9, 2022 Present: Lynnsey Erickson, Linda Jevaltas, Todd Hutchison, Timothy Ernst, TJ Hobbs, Donn Lord (Alternate) Excused: Lydia Christensen, Alec Gulan Staff: Kelly Nieforth; Community Development Director I. Call to Order Ernst called the meeting to order at 3:33 pm. II. Roll Call Roll call was taken and a quorum declared present. III. Citizen Statements There were no citizen statements. IV. Approval of Minutes – February 9, 2022 Motion to approve by Erickson. Seconded by Hobbs. Lord stated that he wanted to provide a clarification on his comments on page three of the minutes. Most of the time he is approached by local investors, but he is starting to notice more investors from out of state and out of country. He also did have qualms about renting to Afghan refugees because he couldn’t vet them and there was a language barrier, but he wanted to add that pretty much all of them have been settled into homes now. He doesn’t think he said things the way they were presented and that maybe he was misunderstood. Nieforth replied that they would review the recording and revise for clarification. The minutes of the February 9, 2022 meeting were approved as written with direction given to staff to update the minutes for clarification if needed after reviewing the recording. (Erickson/Hobbs) V. 2/22/22 Council Appointment Nieforth stated Mayor Palmeri appointed Hobbs from an alternate seat to the regular seat that was vacant. Rental Housing Advisory Board Minutes 2 VI. Meeting Format Ernst stated that RHAB was unsure exactly what the role of the alternates are and what power they have in terms of voting. He asked if there is clarification in the board materials. Nieforth replied that RHAB will need to determine the procedure for which alternate votes. At the last meeting City Attorney Praska explained that alternates should not be involved with discussion for items requiring a vote if the full board is present of if it isn’t their turn to vote. They only have one alternate currently, but will need to have something in place if a second alternate is appointed. Ernst asked if the end goal is to have one alternate member present and participating if needed. Nieforth replied that some boards and commissions have their alternates take turns. Ernst asked if staff lets the alternates know which one is voting after they RSVP. Nieforth replied that board members should let them know as soon as possible if they’re not able to make it to the meeting so that staff can try to get an alternate to attend for voting. Ernst replied that it seemed to make the most sense to do a back and forth approach between two alternates, with one alternate being on standby until the second is appointed and letting them know before each meeting if they’ll be needed for voting or not. The obligation will switch from month to month, so the alternate will be on every other month. Hutchison asked how many board members and alternates there are. Nieforth replied there are seven members and two alternates. Hutchison asked if it would be possible to list on the agenda or meeting minutes who the seven board members are and then designate the alternates as Alternate 1 and Alternate 2. He suggested Alternate 1 doing every odd-numbered month and Alternate 2 doing every even-numbered month. Nieforth replied that Lord is the only alternate at this time. The other alternate seat is vacant. Hutchison asked if Lord would always be the alternate as long as there is a vacancy. Nieforth replied affirmatively. Hobbs stated that they wanted to second Hutchison’s suggestion. They didn’t know they were an alternate the last couple of months, so they think that new and existing members would find value in having that listed on the agenda or minutes. Jevaltas asked if alternates are called if they’re needed at the meeting or if they can just come. Nieforth replied that they can come, but they can’t be an active participant for voting items. Rental Housing Advisory Board Minutes 3 Jevaltas asked if alternates are supposed to be relatively silent. Nieforth replied that they’re present to mainly observe for voting items. Hutchison asked if alternates count toward a quorum. Nieforth replied that alternates can vote if they are needed for quorum. Ernst stated that when they first appointed alternates, his understanding was that they would be needed for when quorum is not met. Nieforth replied that alternates attend to round out the whole board. Ernst stated that to summarize, they will post the regular board members and alternates on meeting materials. Once they have two alternates appointed, they will assign Alternate 1 and Alternate 2 and the alternates will take odd and even number months respectively. Alternates can attend meetings, but they can’t vote unless needed for a quorum. He asked if alternates can speak at meetings. Nieforth replied that they shouldn’t be engaging in the conversation or discussion for items requiring a vote. Hobbs replied that it is crucial that alternates know if they’re voting or not before the meeting so they know if they’re able to participate in discussion. Nieforth replied that that’s why it’s important to confirm attendance with staff so they can indicate who will be voting on the agenda. Ernst asked if they can post on social media that RHAB is looking for another alternate. Nieforth replied affirmatively. Ernst asked if anyone is in disagreement with the approach. Jevaltas replied that she agrees. She asked if staff are tracking attendance because of the history of this board. Nieforth replied affirmatively. Jevaltas asked if staff will let RHAB know when someone has missed three meetings so they can find someone else to replace them. Nieforth replied that the Mayor is responsible for those appointments and RHAB isn’t involved in that. Jevaltas asked if staff would let them know when they are looking for someone else. Rental Housing Advisory Board Minutes 4 Nieforth replied that they can let them know when terms are coming up and expiring. Staff reaches out to figure out if they’re still interested in serving on the board when their terms are close to expiring. Jevaltas replied that people have been assigned to this board and only showed up for a single meeting. For the longest time she didn’t know who was on the board and what their process was for someone who stopped showing up for meetings. She asked for clarification on that process. Nieforth replied that it’s up to the discretion of the mayor. Staff let the Mayor and City Manager’s Office know if they think someone is having attendance issues. It’s not up to this board to find new members. Jevaltas replied that she is aware of that. They had a discussion about this a few meetings ago because she had some concerns about people not showing up. Nieforth replied that there isn’t a written rule saying that they’re dismissed from the board if they miss two meetings. It varies and is at the discretion of the Mayor. Jevaltas asked if the board will ever know for sure who is on the board and who is not on the board. Nieforth replied that they do know and that it’s on the City’s website. Erickson added that there are introductions on the agenda when new members are appointed. Ernst added that it’s also included in the minutes. Hutchison asked if they could provide the roster on the agenda moving forward. Nieforth replied affirmatively and added that it’s also included in the minutes. Nieforth stated that all boards and commissions have been directed to meet in-person moving forward. Hybrid options are not allowed. Ernst stated that he suggests moving to monthly meetings given the new housing study information. Nieforth replied that if RHAB started meeting monthly, the meetings would need to take place in Room 406 and they would also need to amend the ordinance through Common Council. RHAB has had a few quorum issues in the past and it’s a lot of work for staff to put together the packets and get everything ready if the meetings to be poorly attended. She just wants to ensure that folks that are committed to coming to meetings now that they’re meeting in person. For the time being, they’re going to be discussing the housing study and she doesn’t know if she will have monthly updates from Council for that. Now that COVID is hopefully easing, they are going to start sending out mailers for the Rental Registry program again. They haven’t stopped updating the rental registry, but they will start the inspection mailers again. Unfortunately, they’re not getting the impact that they had hoped Rental Housing Advisory Board Minutes 5 for when this board was formed. Out of the 100 mailers they send, they’ll get maybe 5 people allowing the City to inspect their property. Those are just some things to consider and discuss. If they are looking to make the move to monthly, she would recommend calling special meetings in the near future as a trial run instead of moving forward with amending the ordinance right away. Ernst replied that he liked the special meetings idea because it seems to allow for the best of both worlds. Erickson replied that she liked the idea to see how it goes. Jevaltas replied that it’s sort of a decision that’s hard to make right now. Her perception is that this board has everything to do with the housing study and that they could come up with policy, programs, and all kinds of ideas to contribute to some of the things the study has addressed. In her mind they have plenty of work to do. She sees the work. She doesn’t know if anyone else sees it, but she does. This board is setup to do that type of work, so she would suggest that they meet monthly. She’s been on the board for over four years and she’s attended every meeting and there’s always been a quorum as far as she knows. For now she thinks it’s okay if they do special meetings and see where they go. In her mind, they’ve got work to do. That’s just her opinion. Ernst replied that he agrees with Jevaltas, but he is sympathetic to the time of staff and their needs and ability to put everything together for them. He thinks the need to meet based on the study right now, so they can parse some of that out in this and the next regular meeting in April. Doing that might give them a better long term vision of what they need and the amount of time involved. They can call a special meeting for May if needed. Hobbs replied that they don’t think the housing crisis will be solved in the next year, but they are happy to meet in the middle. They want what will work best for everyone as long as it allows them to have monthly meetings because you will see that they need those meetings and they will make that clear in those meetings. Ernst replied that it seems easiest for all parties if they stick with bi-monthly for now instead of amending the ordinance. They will be calling special meetings probably in May and July depending on how the discussion of the housing study goes and how much progress they’ve made by then. Ernst asked if this time still works for board members. There was no response from RHAB. Ernst stated that they will keep things as is for now with the option to call special meetings as need. Clarifying the alternate procedure and listing the roster on meeting materials will be beneficial in keeping the board organized. He is looking forward to meeting in-person again too. VII. Adjournment There being no further business, the meeting adjourned at 5:25 PM. (Jevaltas/Lord) Winnebago County Eviction Data – April 2022 Number of evictions filed monthly in Winnebago County in 2020 and 2021 535 462 601 767 637 572 176 2016 2017 2018 2019 2020 2021 2022 Number of evictions filed each year in Winnebago County (as of 4/1/22) 49% 67% 45% 60% 46%47% 53%57% 70% 54% 43% 36% Percentage of eviction filings that resulted in a judgement of eviction in Winnebago County in 2021 (as of 4/1/22)JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember2021 0 20 40 60 80 100 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember2020 Year Cases Violations 2021 75 402 2020 60 315 2019 74 440 2018 60 359 2017 58 350 COMPLAINT BASED RENTAL INSPECTIONS Brought to you by the City of Oshkosh and the Rental Housing Advisory Board Tenant Rights – Respect for rights is the foundation of rental housing. Property owners reasonably expect payment for renting their dwellings, and tenants should expect fair treatment and maintenance of the dwelling from housing providers. Wisconsin Statute Ch 704 and WI Admin Code: ATCP 134 detail the rights and duties of landlords and tenants. Rights and duties are enforced through local ordinances. In exchange for rent payments, tenants are entitled to: ✔ Due process during eviction proceedings ✔ Protection from landlord entry without 12 hour notice, except in case of emergencies ✔ Full return of security deposit, less any non-paid rent or a list of required repairs ✔ Freedom from landlord retaliation when exercising individual rights ✔ Peaceful enjoyment of dwellings Healthy Homes – The vast majority of rentals in Oshkosh are owned by “mom and pop” landlords, or those who own only 2-3 properties. No matter how many properties a provider manages, all dwellings must meet health and safety standards set by national, state, and local laws. There are a number of programs and services in place to help you keep your dwelling safe. Oshkosh’s Inspection Services Division enforces housing codes. If your dwelling is in disrepair, despite requests to the housing provider, Inspection Services can perform an inspection at your request. Inspections are not a tool to punish landlords, but a way to maintain tenant rights and the viability to the housing stock. The Rental Inspection Program, run by Inspections Services Division, examines rental properties for housing code compliance. Landlords cannot accept or decline inspections on behalf of the tenant. Tenants cannot be charged or fined by the landlord for complying with the program. Responsibly Communicate - Landlords must responsibly communicate intent to enter the dwelling, for any reason, by providing 12 hours notice to the tenant. Landlords must also communicate changes in the rental agreement so that the tenant can accept, before the changes are implemented. Tenants should complete and return a move-in report to the landlord within 7 days of moving in. This is the time to record any and all damages, along with pictures to document. Tenants may also request a list of previous damages from the landlord. Keep a record of written and verbal communication with the landlord, including repair requests, security deposit disputes, and move- in/move-out forms should be done in writing. When things are wrong with the dwelling, tenants should take photos for proof. When communicating with landlords, tenants should assert the relevant right, and ask for what you want. Landlords should provide a timely reply. Tenants should follow up. Leave a forwarding address with your landlord upon lease termination to help get your security deposit returned. Improve Housing Stock – The number of renters in Oshkosh grows, and with it the need for habitable and affordable dwellings. Throughout the city, improvements need to be made to the availability, affordability, and quality of the rental housing stock. The city’s Planning Services Division offers no-interest loans and grants to home owners. Four different revitalization programs, designed to help first-time home owners, as well as homeowners needing some help with improvements and beautification. Programs also provide grants and low-interest loans to landlords for improvements and repairs. In 2021, Oshkosh conducted a housing study, wherein the need to rehabilitate existing housing and provide incentives for new construction, in order to lower the affordability burden on renters was analyzed. The listed programs are one way in which change can begin. To read the entire study, and look at recommendations for change, visit tinyurl.com/mpc86yw9 Voice Issues – Effective communication is only useful when tenants are willing to speak for themselves. Knowledge of laws and rights pertaining to rental housing is best used when it is exercised. Renters in Oshkosh have the opportunity to express their concerns: • Rental Housing Advisory Board (RHAB) Meetings are a great way to communicate your concerns to city staff. RHAB meets the second Wednesday of every even- number month, at 3:30PM. You can communicate with the board via email, or in person at a meeting. Go to onboard.ci.oshkosh.wi.us to learn more about RHAB and how to contact them. • Responsible, assertive communication with Landlords should yield meaningful results for tenants • The city’s Inspection Services division provides assistance with housing code Empower Others – As a renter, you are not just a customer. You are a human with the right to live peacefully. Educating and protecting yourself means you can help your neighbors, friends, family, and co-workers avoid problems too! Tenant unions are springing up nationwide, in response to unprecedented upheaval in housing. Landlords are organized, and have a powerful presence in the state legislature. Organizing tenants at the neighborhood level, or even for individual multi-unit dwellings, can have profound positive effects on tenant living. Report abuses to relevant local and state authorities, especially violations of fair housing laws and local housing codes. Landlords cannot retaliate against you for following the law, or exercising your available rights. Learn more about tenant rights at www.fairhousingwisconsin.com and if you feel you have experienced discrimination in a housing situation, please call Fair Housing Council's toll-free complaint intake line: (877) 647-3247. Share this information with your friends, family, neighbors, tenants and landlords. Through respect and hard work, we can make Oshkosh where home owners, property managers, and tenants can THRIVE RESOURCES ADVOCAP advocap.org (920) 426- 0150 City of Oshkosh Inspection Services ci.oshkosh.wi.us/InspectionServices (920) 236-5050 City of Oshkosh Planning Services ci.oshkosh.wi.us/PlanningServices Consumer Protection Agency RESOURCES Fair Housing Council (877) 647-3247 Housing Study tinyurl.com/mpc86yw9 Lawyer Referal (800) 362-9082 Legal Action of Wisconsin (920) 233-6521 Oshkosh/Winnebago Housing Authority (920) 424-1450 ohawcha.org Rental Housing Advisory Board onboard.ci.oshkosh.wi.us Tenant Resource Center tenantresourcecenter.org United Way Essential Community Services Dial 211 UW Extension Rent Smart Class fyi.uwex.edu/rentsmart UWO Student Legal Services Attny. Erik Forsgren (920) 424-3202 Winnebago Apartment Association (920) 420-0662 facebook.com/winnapt Winnebago Conflict Resolution Center (920) 236-4925 mediationwcrc.org issues • The Department of Agriculture, Trade and Consumer Protection takes complaints for unauthorized entry, non-returned security deposits, and landlord retaliation. (800) 422-7128