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HomeMy WebLinkAbout06.08.2022 Rental Housing Advisory Board Full AgendaRental Housing Advisory Board Wednesday, June 8, 2022 City Hall Room 406 3:30 PM To Whom It May Concern: Please note the City of Oshkosh Rental Housing Advisory Board will meet on Wednesday, June 8, 2022 at 3:30pm in City Hall Room 406 to consider the following agenda: I. Call to Order II. Welcome New Members – Saida Egal & Ally Stribbling III. Roll Call i. Board Seats ii. Vacancies IV. Citizen Statements V. Approval of Meeting Minutes – April 13, 2022 VI. Partner Organizations Update i. UW-Oshkosh Off Campus Housing Issues and Resources – Tentative ii. ADVOCAP Rental Assistance iii. Winnebago County Eviction Prevention Task Force – Eviction Data VII. Inspections Staff Update i. Social Media ii. Complaint Based Rental Inspections 2017-2021 iii. Rental Registry Inspection Program VIII. Approve Public Information Campaign – Tenant and Landlord Rights IX. Housing Study Recommendations - https://rdgusa.com/sites/oshkosh/2022/02/23/view-the-final-document/ i. Rent to Own ii. Rent a Room X. Other Business XI. Adjournment Rental Housing Advisory Board Minutes 1 Rental Housing Advisory Board Minutes April 13, 2022 Present: Lynnsey Erickson, Linda Jevaltas, TJ Hobbs, Donn Lord Excused: Lydia Christensen, Todd Hutchison, Timothy Ernst, Alec Gulan Staff: Casey Koelbl; Housing Inspector, Kelly Nieforth; Community Development Director I. Call to Order Nieforth called the meeting to order at 3:31 pm. II. Roll Call Roll call was taken and a quorum declared present. Motion by Erickson to elect Jevaltas as temporary chair. Seconded by Hobbs. Motion passed 4-0. III. Citizen Statements There were no citizen statements. IV. Approval Special Meeting Minutes – March 9, 2022 The minutes of the March 9, 2022 special meeting were approved as written. (Erickson/Hobbs) V. Partner Organizations Update Lu Scheer was unable to attend the meeting, but provided a summary and data for RHAB to review. Lord asked what the sunset date of the program is. Jevaltas replied that the program was intended to last for five years. She wanted to note that 60 people reached out for the new Wisconsin Help for Homeowners program. Erickson provided updated eviction data through April 1, 2022. Lord asked if there are fewer filings overall, but more of the judgements are actually resulting in an eviction. Erickson replied affirmatively. The average for 2020 was 17% and 2021 was 51%. Even though there Rental Housing Advisory Board Minutes 2 were fewer filings in 2021, more of those resulted in an actual eviction judgement. Lord replied that he thinks that’s a good sign that some mediation is occurring before the filing. Erickson replied that there are more stipulated dismissals in CCAP, so there does seem to be some improvement there. Lord replied that a lot of the stipulated dismissals include a payment plan, which is better from his perspective as a landlord because judgments aren’t that collectable in the first place. Jevaltas asked if there was a way to estimate for the city instead of the county. Erickson replied that it would take a bit of time and digging Lord asked what was happening with the Eviction Prevention Task Force. Erickson replied that they are in the implementation phase and no longer meeting actively. The Conflict Resolution Center and Legal Action are figuring out how to work better together in the court system. Hobbs asked if tenants are informed of remediation options when an eviction is first filed because it does seem to be so helpful. They asked if there was a rule or a law for when an eviction can be filed and how the tenant needs to be notified. Lord replied that there aren’t many tools in the law. There’s a five-day pay or vacate and then they can go right to eviction. He agrees that there needs to be some tools in between there. Erickson replied that the task force was working on providing messaging and resources to landlords for tenants at risk of eviction. Hobbs replied that they think it’s reasonable for landlords to lead those mediation efforts given the knowledge they have and because being a landlord is a choice whereas being a renter is often not a choice. There should be a way to ensure landlords have the mediation resources that they need so they can provide them to their tenants. Jevaltas replied that programs are designed in such a way that people need to be really behind or about to be evicted in order to qualify for assistance. It’s unfortunate that the programs are not designed to help people before it gets to that point. Lord replied that it costs a lot more money to re-house someone who has lost their housing than it does to keep them in housing. VI. Inspections Staff Update Koelbl stated that he posts agendas and other relevant things he finds, but staff rely on RHAB to Rental Housing Advisory Board Minutes 3 provide the content. They should e-mail staff if there’s anything they would like posted. Jevaltas replied that the Facebook page is overwhelming because there’s a lot of pictures and you don’t know what it is until you click on it because there’s a lot of writing. She doesn’t know if she was looking at the right page. She asked if staff can show what it looks like in the future. Nieforth replied that it might be the formatting with Facebook. They can look to see if there’s a way to clean it up, but they might not be able to change the formatting. Hobbs suggested that Koelbl post how citizens can make statements and ask question at meetings and they might have some more public participation. Koelbl summarized the complaint-based inspections data from 2017-2021. Erickson asked what the most common violations are. Koelbl replied smoke detectors, CO detectors, handrails, guardrails, windows, and electrical and plumbing issues. Jevaltas asked if those are remedied pretty quickly. Koelbl replied that it depends on the property. Hobbs asked if there was enforcement in place for that. Nieforth replied that violation notices and reminders are sent. Depending on what the violation is, there are different timeframes for bringing the violations are up to code. Lord asked if they see certain cases with particular landlords or landlords with multiple cases. Koelbl replied that there are few that they see more often than others. Lord asked how many landlords would be included in 75 cases for example. Koelbl replied that it’s hard to say, but they could check on that for the next meeting. Lord asked if there are around 12,000 rental units in Oshkosh. Nieforth replied affirmatively. Lord asked if she could estimate how many landlords there are. Nieforth replied that it would be difficult to estimate as it’s a moving target. Staff update the rental registry regularly. Rental Housing Advisory Board Minutes 4 Lord replied that the biggest complaint he receives is that five day notices don’t provide enough time especially when the notices are mailed. Sending the notices via e-mail would be more beneficial. Nieforth replied that they try to collect as many e-mail addresses as they can, but they don’t always have them. Staff are willing to work with people who are unable to pay, but making a good faith effort to correct the violation. Lord asked if that is included in the notice. Koelbl replied affirmatively. Jevaltas replied that she thinks it’s a good point to go electronically if possible because the mail is much slower these days. Hobbs replied that a phone call would work too. Nieforth replied that often they just have the address. Jevaltas replied that staff could ask for an e-mail address and phone number with the rental registry. Nieforth replied that they collect as many as they can that way. Lord replied that duplication in this would be a good thing and suggested sending a letter, e-mail, and placing a phone call for each notice if possible. Erickson asked if a map could be created to show where the majority of violations occur. Nieforth replied affirmatively. Erickson asked if it was something that could be put together easily for the next meeting. Nieforth replied that she would check. Hobbs stated that they’re aware of some folks in town with issues who are afraid to make a complaint because they don’t want to be on their landlord’s bad side in this market. They asked if there are channels to protect tenants from landlords when they come forward to make a complaint. Lord replied that the law prohibits retaliation. Hobbs asked if there are people to help enforce that law because the average renter might not know that. Lord replied that either party can end a month-to-month lease without reason with a 28 day notice. Hobbs replied that it could be connected to the complaint then. They are wondering if there is a way Rental Housing Advisory Board Minutes 5 they could help solve that problem. Koelbl stated that someone needs to let the inspector into the home. The tenant can let the inspector in, it doesn’t need to be the landlord. Hobbs replied that at the end of the day, if the landlord receives a violation, they’re going to know it was the tenant. They think the work they’re doing with the brochure is important because tenants aren’t aware that these resources exist. Koelbl stated that they are going to start the rental registry program again beginning the week of April 25th. They are going to start with a section on the south side of the river. Lord asked how many letters and replies they send out and receive for each section. Koelbl replied that they receive five to ten replies for every one hundred letters. Lord asked how many of those result in inspections. Koelbl estimated that seven of them result in inspections. VII. Public Information Campaign – Tenant and Landlord Rights Jevaltas stated that a little work has to be done to make sure it’s all on two pages. She thinks there needs to be some information with regard to student housing. She looked at the UW-Oshkosh student government website and they use a virtual student marketplace to market rental properties and provide resources about being a good tenant. She thinks it would be good to add that to the brochure. Hobbs stated that they need to figure out what to cut from this. It’s beautiful, but it’s too long. Jevaltas replied that adding the link to resources for students would be helpful. Hobbs stated that they should come up with the edits now so they can have it approved and ready for printing next time. Jevaltas replied that it’s a good thing they’re meeting monthly. Nieforth replied that they haven’t voted to meet monthly. Jevaltas replied that they were meeting monthly before the pandemic. The board made a decision to meet bi-monthly because people felt there wasn’t enough to do. She asked if they can decide as a board how often they’d like to meet. Nieforth replied that she would need to check on the administrative process for that. They can’t vote on it today because it’s not on the agenda. It can be added to the agenda next month. Rental Housing Advisory Board Minutes 6 Jevaltas asked if they need to call a special meeting for next month to determine if they’re going to meet monthly. Nieforth replied that they said there were other items they needed to discuss, so there would be more items on the agenda. There needs to be an action item for the board to vote on. Erickson replied that they could approve the brochure at the next meeting. Jevaltas replied that without Ernst here, they should table this for next month. In the meantime, they can take a look to see if there’s a few sentences they can eliminate or make more concise. Nieforth replied that those suggestions can be sent through staff to distribute to Ernst. Jevaltas replied that the first thing would be to confirm if the brochure fits on two pieces of paper. She respects his judgement, so she doesn’t think he would send that if it didn’t fit on two pieces of paper. Lord replied that it makes sense with only four people here to table this and have a special meeting for it next month. RHAB was directed to send any suggestions or revisions for the brochure through staff who will distribute them to Ernst. The plan is to vote on the brochure at the next meeting. Jevaltas asked for board members to come to the next meeting with ideas on how to distribute the brochure. Hobbs stated that the word thrive isn’t immediately identifiable with tenant and landlord rights. They suggested that the brochure be changed to make it clear what it is about. There is plenty of space on the page to provide a description, it doesn’t have to be a logo. They will e-mail their suggestion to staff. VIII. Other Business Hobbs asked if they could vote at some point on people opening up couches, bedrooms, and apartments without penalty to their friends who are struggling since it would make sense to do that during a housing crisis. Nieforth replied that there are some requirements of how many people can be unrelated and living in a home together depending on how big the home is, but there is a point at which it becomes a health and safety building code issue. Jevaltas stated that she is aware of students who get parking tickets all the time. Several people live in large houses and there isn’t enough parking for them. She asked if the board could get a liaison from the University like they used to have to discuss issues like this and housing related issues. Erickson replied that she might have a contact with the Student Association, so she will invite them to the next meeting to see if they’re able to attend. Rental Housing Advisory Board Minutes 7 Lord stated that there was a Wisconsin Apartment Association seminar this past weekend in Oshkosh. An attorney talked about hot topics in housing and one of them was retaliation, which was very beneficial. It would be great to have something like that. There will be another one in October in Fond du Lac. IX. Adjournment There being no further business, the meeting adjourned at 4:31 PM. (Hobbs/Lord) Winnebago County Eviction Data – May 2022 (updated 5/31/22) Number of evictions filed monthly in Winnebago County in 2020-2022 535 462 601 767 637 572 257 2016 2017 2018 2019 2020 2021 2022 Number of evictions filed each year in Winnebago County 49% 67% 45% 60% 46%47%53%57% 70% 54% 43% 53%45% 23%26% Percentage of eviction filings that resulted in a judgement of eviction in Winnebago County in 2021 and 2022 2021 2022 Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r De c e m b e r 2021 0 20 40 60 80 100 Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r De c e m b e r 2020 Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r De c e m b e r 2022 LakeWinnebago MillersBay Bay AsylumSouth North Bay Asylum F o x ButteLake desMorts Sa C r re ke eyw RoePoint BraysPoint DoemelPoint LibbyPoint SunsetPoint Shangri-LaPoint R i v e r N MAIN ST F O N D D U L A C R D SUNNYVIEW RD KNAPP ST W 20TH AV W IRVING AV W MURDOCK AV OMRO RD RYF RD O S H KOSH AV S WASHBURN ST J A CKSON ST O MRORD HIGH AV N WASHBURN S T A L G O M A B L V D E MURDOCK AV A L G O M A B L V D W WAUKAU AV WALTERST E IRVING AV JACKSON ST WASHINGTON AVWITZEL AV W 24THAV WITZE L AV E SNELL RD W WAUKAU AV KNAPP ST S SAWYER ST CEAPE AV E L M W O O D A V SKOE L L ER ST N W E S THAVENDR SHERMANRD LAKE B U T T E DESM O R T S DR W 9TH AV S WE S T HAVEN DR WISCONSIN ST E NEWYORKAV S WESTHAV E N DR N SAWYER ST W LINWOOD A V E LINWOODAV 9THST RD N OAKWOOD RD POBEREZNYRD W NEWYORK AV HAZEL ST BOWEN ST LEACH RD MEN O MINE E D R W SNELL RD W FERNAU AV VINLAND ST S M A I N S T S OAKWOOD RD W SOUTHPARKAV W 9TH AV WITZEL AV OHIO ST HARRISONST OREGON ST MOSER ST HUGHESST STEA RNS D R W WAUKAU AV N CLAY RD W FERNAU AV SWASHB U RN ST GREENVALLEYRD ·YTNUOC"Y ·YTNUOC"T ·YTNUOC"A ·YTNUOC"T ·YTNUOC"Y ·YTNUOC"S ·$44 ·$21 ·$91 ·$21 ·_45 ·_45 !"#$41 !"#$41 H:\jeffn\Planning Base Map - Jeff 2021.mxd User: jeffn M i n i m u m H o u s i n g C o d e V i o l a t i o n sMinimum H o u s i n g C o d e V i o l a t i o n s2017 t o P r e s e n t2017 t o P r e s e n t The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location ofproperty, boundaries and other feature from a variety of sources. These map(s)/datasets are provided for information purposes only andmay not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided “AS-IS” without warranties of anykind and the City of Oshkosh assumes no liability for use or misuse.Prepared by: City of Oshkosh, WIPrinting Date: 5/10/2022 1 in = 2,861 ft1 in = 0.54 mi¯ SHARE WITH FRIENDS, FAMILIES, NEIGHBORS, COWORKERS, AND LANDLORDS Through respect and hard work, we can make Oshkosh where home owners, property managers, and tenants can THRIVE 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 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 by city staff. 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 – All rental properties, regardless of ownership, must meet health and safety standards set by national, state, and local laws. There are a number of programs and services in place to aid renters and landlords in keeping dwellings 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 of the housing stock. The Rental Inspection Program, run by Inspections Services Division, examines rental properties for housing code compliance. Tenants cannot be charged, fined or evicted by the landlord for complying with the program. Landlords cannot accept or decline inspections. 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 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. RESOURCES Fair Housing Council (877) 647-3247 Housing Study tinyurl.com/mpc86yw9 Lawyer Referal 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. 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 enforces housing codes and performs inspections to ensure rental dwellings are up to code • The Department of Agriculture, Trade and Consumer Protection takes complaints for unauthorized entry, non-returned security deposits, and landlord retaliation 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 fairhousingwisconsin.com. 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 (800) 422-7128 (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