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HomeMy WebLinkAbout42. WorkshopRental Hous in Oshkosh • Concerns about rental units in the City: • 0verra, oo0 rental units, concentrated around the university and central city. • People like students, parentsand tenants assume a City inspection has been done. The City only inspects units when requested. • Health and Safety ofresidents, visitors and neighbors is dependent on residential rental units meeting codes. • Density ofresidents, especially in older conversions around central city and campus, is higher than other residential neighborhoods. • Oshkosh Fire Department only inspects the "common areas' of residential rental buildings with 3 units or more. • Code Enforcement calls for code violations are high volume for residential rental units, • Tenant calls for inspection average 4.5 health and safety code violations per rental unit. ource of Resiafi Kemal nit Code Violation Complaints • Neighbors phone call or office visit • City website • Tenants • Other public agencies • Other City departments • City Inspector- pro - active inspections along City gateway corridors. Impact on Nelg �rsn Neighborhoods • City goal is to protect and preserve the tranquility of neighborhoods and every owner's investment in residential neighborhoods. Neighborhood Associations identify rental units as a major neighborhood concern for property maintenance and appearance. • Rental units are sometimes poorly maintained and operated. Thiscan lead to lower property values in the neighborhood. • Declining property values can hurt homeowner's home equity. 7(05_dd�e nforcemen is ry wit h idential Rental Units ng residential rental dwelling unit code violations in mid -2o13 • Data is from mid 2o13 to early 2o16: • Record of violations: • Property Maintenance codes: 738 • Buildingcodes: 504 • Junk & debris: 473 • Parking: zoo • Zoning and all other codes; go Total Violations: 1,995 Correction process • Receive complaint • Field Inspect -- verify violation within 48 hours in gg %of the cases. • Contact owner - can be very challenging if there is bankruptcy, foreclosure or otherown,rsbip uncertainty. • Mail Notice of Violation to owner. • Work with owner to correct code violation. • 85% ofviolations are corrected within 30 days, building code violations typically take the longest. • I£ violation not corrected, 2nd Notice of Violation. • If violation not corrected, Citation written to owner. • Adjudicated in Winnebago County Circuit Court. e City is doing many ings to strengthen Neighborhoods • Helping Neighborhood Associations start and help them improve their neighborhoods. • Providing funding for improving neighborhood infrastructure and amenities. • Performing pro - active code enforcement on city gateways. • Requiring minimum architectural standards for houses to match their neighborhood. • Providing funding for home improvements through many new programs, 5/19/2016 �71Ke City is doing many Fings to strengthen Neighborhoods • Collaborating with others groups like the Oshkosh Area School District, GO -HNI, Habitat for Humanity, the Housing Authority and ADVOCAP on neighborhood improvement projects. • Acquiring and demolishing blighted houses and buildings in and around neighborhoods. • Funding Beautification Programs like street trees, neighborhood clean -ups and public space improvements. State Law recently amended • Amendments were adopted in the Spring, zo16. • The City may require a City-wide contact listing and registration. • The City may implement a City-wide program of regularly scheduled inspections. • The City may charge fees for inspections. The City cannot require the landlord to arrange for the inspections. Need for a Rental Contact Listing • Ownership of rental units can vary greatly and City staff can have great difficulty in contacting owners: • Local vs, non -local ownership. • Foreclosure, hankruptcyetc. • Phone numbers unknown. • Managementresponsibilityunknown, • Limited Liability Corporations sometimes do not provide updated information. • Police & Fire Department lack emergency contacts. • Code Enforcement notices can be difficult to deliver. 5/19/2016 `er Wisconsin commanl les and rental housing • Rental Unit Registry • Rental Unit Inspection program • Many 4 -year UW- System University communities have a rental registry and inspection program: Whitewater, Platteville, Menominee, Steven Point, LaCrosse, Madison. • Eau Claire is working to create a Rental program too. • Other communities have Rental programs too. untary alternative ara I y -run program • Owners of residential rental units can voluntarily "self - inspect" their properties currently. • Owners of residential rental un its can call for a City inspection currently. Cost would be sroo to $400. • Participation is not ron %based on the complaints reported to the City. • Certified Inspectors have training and expertise in codes. Rental Inspection Program • City codes like: • Property maintenance • Plumbing • Electrical • Heating and Ventilation • Building • Housing • Zoning 2 Advantages for Landlords • The contact listing and inspection program will improve the landlord's knowledge of the tenant's use of their unit. • City personnel can send the owneran email each time City staff has contact with their tenants and property. Advantages for Landlords • 31d Party verification of health and safety codes. Advantages for Landlords • Mental Housing Advisory Board could be created where none exists today. • Common Health and Safety, Property maintenance issues • Help create training and education programs. • Information like brochures, checklists and websites • Social media opportunities 5/19/2016 Advantages for Landlords • Tenants can be held responsible for certain violations — • Code Enforcement staff can hold tenant responsible for certain code enforcementviolations, with the landlord's assistance. • Example violations are: cars parked on lawns, inoperable vehicle storage, and visible junk and debris. • Landlord would not get charged the normal special inspection fee. • Tenant /vehicle owner would be issued a citation. Advantages for Landlords • Education • Health and safety requirements • Tenant responsibilities. 7New to help an s meet codes is available. • Program th ,Fargeted Neighborhoods ,Up to $3o,000 loan •io -r5 year term -No more than 3o °/u of tenant income on housing expenses •o% interest • Quarterly payments -Interior or exterior repairs 3 Funding to help Landlords meet codes • Program #2 • Program specifics: City-wide • Up to Szo,000 (based on units) • 10-15 year affordability period • o °/o interest loan • Lump sum payment upon expiration of affordability period • 509/0 owner funding match Rental Contact Listing and Registration • Web -based availability 24f7 • Easy updates throughout the year. • Voluntary sign up for Email contacts for owners who wish to be informed of City contacts with tenants and property. • No fee and is for the entire parcel/address, regardless of number of units contained. Residential Rental Inspection • All Residential Rental Dwelling knits, owner- occupied (owner lives in one unit) and not owner- occupied. • Exemptions: • State facilities owned, licensed or certified like dorms, nursing homes, convalescent homes. • Community Based Residential Facilities • Hospitals or other medical facilities • Hotels, motels. Advantages for Tenants • Health and Safety Inspections performed on a regular basis. • Code violations re- inspected until corrected. • Education. Residential Rental Inspection • City-wide program schedule is once every 5-years. • Re- inspections until violation corrected, then back to 5 -year cycle. • City will contact tenants to arrange for inspection. • Landlord will be invited to attend inspection too. • If landlord can arrange the inspection of a multi -unit building, the inspection fee would be reduced. • Code violations must be corrected in 7 to 3o days, unless extension granted. Fees • Rental Unit Contact listing & Registration - No Fee • Inspections - Would occur once every 5 years. • w5irental unit -OR- SiBo /building (if all units in a building are coordinated by the owner, regardless of number of rental units) • Re- inspection Fee - double the Inspection Fee 5/19/2016 4 Staffing Plan • Duties: • Education and Training (0.5 FTE) • Clerical (0.5 FTE) • Inspectors (2.5 FIT) • Coordinated with Fire Dept. inspections where possible. Why is the + 1 y cr�aMI g f e residential rental registration and inspection program? • Residential rental unit owners can be challenging to contact. The Rental Contact listing and Registration will allow City inspections and emergency personnel to contact owners. • Residential rental housing must meet health and safety codes. • Residential rental housing can become run -down and become a blight in a neighborhood, jeopardizing the investment and equity in neighbors' homes. The inspection will bring the property into compliance with existing codes. FAQ— Why doesn't the City Rental Program just target the university area or just the "bad landlords "? • State Law requires a rental inspection program to be uniform across the City. • The issues are not confined to any particular area or landlord. 5/19/2016 �— I thought State Law prevented a City from running a rental inspection program? • The City of Oshkosh Ordinance is drafted to meet the requirements of the State Law. • The City will require acontact listing /registration. • The City will inspect based on a program of regularly scheduled inspections. • The City-will charge fees for the inspections and no more than double the fees for re- inspections. FAQ— Is this program just a way for the City to increase the revenues for the Inspection Division? • The City will fund the rental program with fees generated from the rental units inspected. • Additional staffis required, • No City general tax dollars will be used, so no other property owners will be paying for this program. • The fees will be collected to fund the specific staff working in the Rental Program - the contact listing, education and training, inspections and re- inspections. FAQ— What is this going to cost a Landlord? + The Contact listing and registration is no cost. • The inspection is once every 5 years. • The landlord can choose to pay Sn5lunitand the Citywill contact the tenants to arrange for the inspection. The landlord can choose to pay St8olbuilding if there are more units, and the landlord would arrange for the inspection of all the units in the building. • On average, the inspection fee will equal Sag /year for t unit. • On average, the inspection fee could equal Sq.5oJyear for an8 -unit building because the owner can reduce the inspection time required. • srso per boildingle units in the building15 year cycle. 5 AQ— What if the landlord cannot afford to correct health and safety code violations? • If the landlord cannot afford to correct the code violations, the City will offer loan programs to help finance the improvements. • One program is targeted to neighborhoods with existing neighborhood associations. • One program is available city -wide. PAQ—What about a Rental Housing Advisory Board? • The City could create the Rental Housing Advisory Board to help improve rental housing in the City of Oshkosh. • The Boards purpose could be to create educational materials, review and recommend City policy or code updates, and sponsor training programs or anything else the City Council may decide. • The applicants to the Board would be selected just like every other Board or Commission in the City. • A City resident would fill out the application form. • The Mayorwould appoint the member, subject to confirmation by the City Council, Rental Program steps • Ordinance adopted July r, 2oi6 • Web -site would be available for owners to enter contacts. • Contact Listings/Registration completed by September i, zoi6 • Education and Training- July 1, to September 1, zoi6 • September r, 7.o16 - Inspections start for ao% of units in the City - about z,zon +/- units. • Education and training programs each year. • Any ownership change and /or contacts throughout the year must be updated in the Contact Listing. 5/19/2016 — What if the ln _dfior not agree with the inspector's findings of a code violation? • The landlord could appeal the inspector's findings to the Zoning Board of Appeals. • The Zoning Board of Appeals would then determine whether the conditions meet the minimum codes or not. • If the Landlord or City are not satisfied with the ruling, either could appeal the ruling to Winnebago County Circuit Court. - How wil tenants know this program exists? • The City will create an information campaign thatwill work with existing organizations like the Winnebago Apartment Association and the University Tenants organization. • Techniques may include: • Mailings to property owners. • Oshkosh Media programming. • Social Media. • Additional education programs for landlords and tenants. Next Steps + City Council direction to staff: • Ordinance revisions • Program revisions • Additional citizen input. • Set a Public Hearing date, • Adopt an Ordinance. M S�9,, Draft V Residential Rental Contact Registration and Inspection Program (1) Findings The Oshkosh Common Council finds that it is necessary to establish a program of regularly scheduled, systematic, city -wide program for the registration and inspection of residential rental dwelling units in the city to ensure that those units provide safe, decent and sanitary living conditions for tenants living in the residential rental dwelling unit and to prevent further deterioration of those units. The Common Council finds that a significant percentage of code complaints and violations occur at residential rental dwelling units and that the conditions which exist at these units adversely affect the neighbors and neighborhoods in which they are located. This ordinance is enacted to encourage property owners who own and operate residential rental dwelling units to exercise their responsibility to ensure that the city ordinances governing the condition and maintenance of residential rental dwelling units are followed to protect the health, safety and welfare of the public and prevent blighted conditions in city neighborhoods. (2) Residential Rental Contact Registration Required (a) The owner of a residential rental dwelling unit located in the City shall record the residential rental contact registration with the Department on the application forms provided by the Department, annually, by September 1st and in the case of any sale, transfer or conveyance of a residential rental dwelling unit within 30 days of any such sale, transfer or conveyance. (b) The owner shall provide information on the form which will enable the Department to contact the owner, or at the option of the owner, an agent of the owner, including the street address of the residential rental dwelling unit to be registered and the owner's legal name and telephone number. The owner may voluntary provide an email address, for the owner or the agent of the owner. (c) Each residential rental contact registration is valid from September 1st until the following August 31st and shall be renewed annually. Residential rental contact registration is not transferable. (d) The residential rental contact registration does not warrant that the dwelling or dwelling unit is free of any ordinance or code violations or in compliance with any ordinance or code violation. (e) There shall be no fee for the residential rental contact registration. (f) No owner shall lease any residential rental dwelling unit to another person unless, at the time the residential dwelling unit is let, the owner has registered the residential rental dwelling unit with the City. Unless a residential rental dwelling unit has been registered with e%'10 unit shall permit an person to occupy the the City, no owner of a dwelling or dwelling u t p y p py dwelling or dwelling unit as a tenant or otherwise. (3) Residential Rental Inspection (a) As of September 1, 2016 the City of Oshkosh Inspection Services Division will begin program of regularly scheduled inspections of all residential rental dwelling units located within the City of Oshkosh. (b) The Department shall schedule appointments for residential rental dwelling unit inspection. The Department shall provide notice of the date and time of the inspection by first class mail to the tenant and the owner at the address provided in the residential rental contact registration form at least 21 days before the scheduled inspection date. The owner may voluntarily arrange the date and time with the Department and tenants. (c) Inspections shall not be conducted: (i) With a minor as the sole representative of the owner. (ii) Without prior notice to the tenant by the Department. (iii) In an occupied dwelling unit without the owner, owner's agent, or tenant being present. Should the tenant or other person in control of the residential rental dwelling unit refuse admittance to the Chief Building Official and refuse to reschedule the inspection or reinspection, the Chief Building Official may proceed to obtain a special inspection warrant pursuant to Wis. Stat. 66.0119. (d) Code violations identified during the residential rental dwelling unit inspection shall be abated within the time ordered by the Department. (e) The Department shall charge a fee for the residential rental unit inspection as approved within the fee schedule adopted by the Common Council. (f) All properties in the City, including residential rental dwelling units, shall remain subject to inspection requests. The Department shall inspect residential rental dwelling units based on tenant or citizen requests or complaints. (4) Remedies and Application of Other Provisions. (a) The remedies provided in this section are not to be construed to be exclusive of any other remedy under the municipal code, and the Department may take further actions to ensure compliance with this section including but not limited to seeking injunctive relief and obtaining inspection warrants. e�9 zo (b) Nothing in this section limits, impairs, alters or extends the rights and remedies of persons in the relationship of owner and tenant that exists under applicable law. (c) Nothing in this section shall be construed to limit the authority of the Department to perform housing inspections in accordance with this code or enforcing any other provision of state or federal law. DEFINITIONS. (A) The following definitions shall apply in the interpretation and enforcement of the Residential Rental Contact and Inspection Code: (1) CHIEF BUILDING OFFICIAL. "Chief Building Official" shall include the designee of the Chief Building Official. (2) CITY. "City" shall mean the City of Oshkosh, Wisconsin. (3) DEPARTMENT. "Department" shall mean the City of Oshkosh Division of Inspection Services of the Department of Community Development. (4) DWELLING UNIT: A room or group of rooms providing or intended to provide permanent living quarters for not more than one family. (5) FAMILY. See Section 30 -1. (6) OWNER. "Owner" shall mean any person who alone or jointly or severally with others shall be the legally recorded holder of the title with or without actual possession thereof, or who has charge, care or control of any dwelling or dwelling unit as agent or owner or as executor, administrator, trustee or guardian of the estate of the owner. The term "owner" under this Article shall also include the legally recorded holder of a land contract vendee interest. (7) PERSON. "Person" shall mean and include any individual, firm, corporation, partnership or association. (S) RESIDENTIAL RENTAL DWELLING UNIT. "Residential rental dwelling unit" shall mean a structure or part of a structure, home, residence, or living unit by a single person or family, or any grounds, or other facilities or area occupied for the use of a residential tenant and includes, but without limitation, apartment units and buildings, mobile homes and single and two - family dwellings. Residential Rental Dwelling Unit does not include facilities that are inspected, owned, licensed or certified by the State of Wisconsin including rest homes, convalescent homes, nursing homes, hospitals, assisted living centers, community based residential facilities, university -owned student dormitories, or adult homes, and properties owned or operated by the Winnebago County Housing Authority or Oshkosh Housing Authority. (9) TENANT. "Tenant" shall means a person who occupies a residential rental dwelling unit for residential purposes with the landlord's consent for an agreed upon consideration. (10) SALE, TRANSFER OR CONVEYANCE. "Sale, Transfer, or Conveyance" shall mean to transfer any ownership interest in a dwelling except by mortgage. The sale or transfer shall be deemed to occur upon the transfer of an ownership interest, the recording of a land contract or the exercise of an option to purchase property. (11) MEANING OF CERTAIN WORDS. Whenever the words "dwelling ", "Dwelling Unit ", or "Premises" are used in this Article, they shall be construed as though they were followed by the words "or any part thereof ". Rental Registration Research City Registration Fee Inspection iReinspection Fee Renewal /Ex ices Imisc. Beloit Nan -owner occupied units to receive an interior inspectlon on a systematic basis. $40 per unit Renewed annually 'Systematic interior inspections are typically scheduled on a three year cycle City of Delavan First Residential Rental Unit (Per Building or Dwelling) Valid for 1 year $45.00 First re- inspection per Residential Rental Unit Free If a Property Owner successfully completes $30 registration fee Owner Occupied DupEex -First Residential Rental Unit two (2) consecutive years of certification $50.00 (@@) Second re- inspection per Residential Rental Unit $30 without any substantiated complaints, $60 registration fee for received late violations or orders written against the Second Residential Rental Unit $35.00 (iii) All subsequent re- inspections, per Residential Rental Property, then the Building Inspector may Unit $50 at this discretion issue a Certificate of Each additional Residential Rental Unit $15.00 Exemption which may be valid for up to three (3) years. Madison No inspections are done because it is mainly just to get ahold of landlords faster if something is wrong with the property. Re-inspeot@on resulting in compliance is no charge $5 paper fnrm $0 electronically Yearly The reinspection fee is basically a late All re- inspectlons not resulting in compliance $75 each fee. The program requires the landlord contact info and two others to give .permission on the property. Menominee Rental Permit Application Fee: $ 10.00 Single unit dweltnglmulti- bedrooms: $20.00 duplex apartment: $25.09 A $25.00 late or re- inspection fee can be charged An annual inspection is required three. or more unit apartment $30.00 plus an additional $30.00 for a first time licensed I rooming &.lodging house applicator Milwaukee {SUSPENDED} The first rainspectton costs $60, the second $75, the third $150, and the fourth and subsequent reinspections cost -$300 Registration and Inspection fees are combined. $30 one time registration fee $86.19 per unit each miss inspection charged $50.70' per unit Lasts 4 years Only certain parts of town that have failure to apply results In $100 fee and then $150 for failure the most complaints have to register. to respond notice Rental Registration Research City Registration Fee lInspection lReInspection Fee }renewal Misc. Platteville if unit oasses inspection the 1st time: Class A 13yr license) lunit= $75 2Unit= $70 3-1 Unit= $55 Re- inspection $45 per unit. S +Unit= $60 Class B (1 year license) The fee paid for a renewal license will cover only the initial Late fee 825 lunit= $55 2Unit= 850 3-4 Unit = $45 5 +Unit= Inspections shall be scheduled a minimum of 14 days in inspection to determine compliance and the first re- $40 advance, or scorer if agreeable to the owner and the inspection of any repairs. For each re- inspection required Failure to Allow Inspection $25 After 2 Inspections: Building inspector. after the first re4nspeclion, an additional fee in the amount 2nd offense $50 Class A (3yr license) iunit= $95 21 $90 3 as established from time to time by the Common Council 4 Unit= $85 S +Unit= $80 will be billed to the property owner. Class B (1 year license) 1 unit = $75 21.1nir $70 3-4 Unit= 8655 +Unit =$60 Rice Lake $50 for registration. for i- & 2- family rentals There- Is not a separate Inspection (or re- inspection) fee - just the annual license fee. Annually The fee is per building, not per unit. Inspections are done every 3 years Stevens Point No person shalt operate a multiple dwelling unit containing three {3) or Depend) D Depends on Units- unsure of fee (Spoke with Courtesy inspection free first Ems and Then second Annually- thinking of doing it every 3 years more units or four (4) or more unrelated persons in a unit unless he inspection $100 holds a current, unrevoked operating license issued by the Building Inspector in his name for the specific - named multiple dwelling. Village of Darien First residential rental unit (per building or dwelling ) $40 -First re- inspection Free Valid for 1 year Registration fees received after May $15 Application fee Owner occupied duplex -first residential rental unit $50 Second re- Inspection per residential rental unit $25 1st for the following licensing year will Inspected annually be $30. Second residential rental unit $30 Each additional $10 All subsequent re- inspections, per residential rental unit $50, Village of Application is $5.00 per application and $55 per Osceola rental unit $401hr Additional inspections cost $25 Valid for 3 years Late fee of $50 Wausau (SUSPENDED) 1st inppection no charge $20 per unit 2nd inspection no charge If corrected $80 -if not corrected $60 Annually Missed inspection or failure to allow access $35 Whitewater Registration completed 15 days of the rental of A fee of $100.00 may be charged for a second Penalty nor more than $200 the residence. Inspection fee of $50 reinspection, a fee of $200.00 for a third reinspection and a Good for the life of the residential rental for each violation plus casts fee of $400.00 for each subsequent rainspection for the entity. prosecution for not registering. ion for g. No fee shall be charged for the registration same condition. La Crosse $100 late fee if received after January 31. No fee for first Inspection and 1 followup Inspection to Every 5 years check far compliance. If selling inspections prior to new owner are single $25, $54- general amount on webslte duplex 530, triplex $35, 4 plex $40, 5 -6 plex $45