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Oshkosh
RENTAL HOUSING ADVISORY BOARD MINTUES
JULY 11, 2017
PRESENT: Matt Mugerauer, Lori Palmeri, Margy Davey, Matthew Stenerson, Linda Jevaltas,
Timothy Ernst, Cheryl Hentz
EXCUSED: Brooke Berrens
STAFF: Allen Davis, Community Development Director, John Zarate, Chief Building
Official, Andrew Prickett, Building Systems Inspector, Casey Koelbl, Housing
Inspector, Kathy Fredrick, Weights and Measures/Code Enforcement Clerk
OTHER: Darryn Burich,Planning Director
Call to Order
Allen Davis called the meeting to order at 3:30 p.m. and introductions of staff and board members were
made.
Mr. Davis thanked members for volunteering and explained he anticipated their efforts would be
substantial as the Rental Contact Registration and Inspection Program (rental registry program) was new
to the City of Oshkosh.
PURPOSE OF RENTAL HOUSING ADVISORY BOARD
Mr. Davis stated the Rental Housing Advisory Board was created in conjunction with the Residential
Rental Contact Registration and Inspection Program Ordinance to aid City staff to better explain and
educate the general public, landlords, tenants, and other property owners about the perimeters of the
program and what was required. He stated the City sought input from citizens regarding how it would
implement the rental registry program and although City staff had created a number of informational tools
explaining the rental registry program, the City was open to new ideas and methods on how to educate a
diverse public about the rental registry program.
CURRENT CITY CODE
Mr. Davis summarized the Residential Rental Contact Registration and Inspection Program Ordinance
and how the City was implementing the City's Municipal Code. He stated at the end of 2016, thousands
of registration forms were mailed to property owners and that City staff began notifying tenants to arrange
and perform voluntary inspections in February, 2017. He explained additional inspection staff had been
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included in the budget,however the City chose not to hire additional rental registry inspectors until State
Legislators determined the extent to which,if it all, municipalities would be allowed to operate their rental
registry programs. He added the City was being sued by various individuals regarding its rental registry
program and the case would be heard in federal court later in the year.
EDUCATIONAL INFORMATION TO DATE
Mr. Davis commented the area he most felt the Rental Housing Advisory Board could help the City
improve the rental registry program was how to educate the general public. The Board was provided with
the informational material previously distributed to the general public and Mr. Davis asked if the Board
had questions or suggestions on how to better educate the public.
Council Member Palmeri stated she felt the mock inspection video made by Oshkosh Community Media
Services was straight forward and informative.
Ms.Jevaltas stated she thought the language could be softened in the letters that were mailed to the public.
Mr.Ernst stated he would like the rights and responsibilities of the tenants and the landlords to be clarified
in rental registry literature distributed by the City; for example can the landlord increase the rent or
retaliate if a tenant schedules a voluntary inspection.
Ms. Fredrick indicated the City had worked with the University of Wisconsin Oshkosh (UWO) Student
Association Attorney Eric Forsgren, who was an advocate for student renters having issues with their
landlords.
Mr. Ernst replied the UWO Student Association attorney was beneficial for students,however non student
renters also needed to be better educated on the rental registry program from the tenant perspective.
Council Member Palmeri asked if the City had the Wisconsin Way booklet regarding tenant/landlord
responsibilities.
Mr.Davis replied he knew of the Wisconsin Way booklet but did not know if it was displayed within City
Hall.
Mr. Ernst stated he felt more public access to tenants' rights materials would be beneficial as there was a
gap in knowledge and understanding regarding the rental registry which caused confusion and opposition
to the ordinance in the community.
Mr.Davis suggested going forward,the City offer literature on tenants'rights or provide a link to the State
of Wisconsin Landlord/Tenant Guide on the City website.
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Ms. Hentz recommended the City also provide a link to the Wisconsin Way, a guide for landlords and
tenants, as the information was voluminous and would be costly to print and send by mail.
Mr. Ernst stated he recently attended the Rent Smart tenant training class offered by the UW Extension
which he felt was a great educational tool for renters.
Ms. Fredrick asked the Board to forward the website links they had of any landlord/tenant educational
resources as they would help better serve the public.
Council Member Palmeri asked for an update as to what was happening at the State level regarding the
rental registry program.
Mr. Davis stated the Wisconsin League of Municipalities had staff that followed legislation through the
various Senate and Assembly committees and it was reported there were revisions being considered for
the piece of legislation concerning rental registries.
Ms. Jevaltas stated she felt the City should keep the general public informed as to what was happening
with the Bill and let them know which state representatives to contact to voice opinions.
Mr. Mugerauer added the process of passing the State budget could delay any revisions to the bill.
INSPECTION PROCESS TO DATE
Council Member Palmeri asked how many rental registry inspections had been completed to date.
Mr. Zarate replied inspectors had completed approximately three hundred exterior inspections and
approximately twenty interior inspections. He explained the low number of interior inspections was most
likely due to lack of tenant education and the possible threat of landlord retaliation. He stated all of the
properties which had interior inspections completed had code violations that needed to be corrected. He
stated most of the violations were nonfunctioning smoke detectors and carbon monoxide detectors, guard
rail issues or nonconforming bedrooms.
Ms. Davey asked how the inspection fees were charged.
Mr. Zarate stated due to the way the City Attorney interpreted the statute, all inspection fees had to be
uniform, whether it was an interior or exterior inspection.
Mr. Davis added the City could not make money on the Rental Registry Program; the fees charged could
only cover related expenses.
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A discussion was held on how the City could better reach tenants, students in particular, to educate them
about rental registry program. The consensus was the City needed to explore multiple methods,including
social media, in which to reach the specific generations of renters.
Mr. Mugerauer asked how long it took landlords to correct the violations found during the rental
inspections.
Mr.Zarate stated most of the violations found in the interior rental inspections were corrected within thirty
days.
Mr. Koelbl added City staff worked with the landlords regarding violations which took longer than thirty
days to abate.
Council Member Palmeri asked if violation information on rental properties was accessible to the general
public.
Mr. Zarate stated property violation information could be accessed from the City's website.
Mr.Mugerauer suggested City staff share with landlords via email any new literature regarding the rental
registry program so they (the landlord) can provide the information to their tenants. He also asked if the
information provided by the landlord on the Form for Rental Registration was accessible to other City
departments, for example the police and fire departments.
Mr.Davis stated one of the advantages of obtaining the owner/property information for the rental registry
was that the information could be shared with all City departments.
Mr.Mugerauer asked if City inspectors did not complete all of the rental inspections slated for year one in
the Five Year Rental Registry Inspection Area Map, would they continue with the inspections in 2018 or
stop year one all together and begin inspecting properties slated for year two in the Five Year Rental
Registry Inspection Area Map.
Mr.Zarate replied if City inspectors did not complete all of the rental inspections slated for year one in the
Five Year Rental Registry Inspection Area Map in 2017, they would continue inspecting the properties
slated for year one until all were completed.
CODE ENFORCEMENT-Timeline for compliance for violations
Mr.Davis commented some landlords were quicker than others when it came to the length of time it took
to correct violations. He stated the City typically allowed thirty days for repairs to be completed,however
some landlords went beyond thirty days for compliance. He asked the Board to consider if the
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compliance timeline for violations should be altered for rental registry inspections.
Mr. Zarate explained how thirty days for compliance could turn into one hundred twenty days through
the current process.
Ms. Hentz suggested the City allow thirty days maximum for compliance and then issue citations.
Ms. Jevaltas agreed the City needed a stem compliance timeline regarding violation repairs in order for
the rental registry program to work.
Mr.Mugerauer stated a lack of contractors could make it difficult for landlords to repair violations within
the thirty day timeline. He suggested a tiered system for fees on violation repairs that required permits.
Mr.Davis asked the Board to consider the compliance timeline and bring suggestions to the next meeting.
MEETING DATES
The Board determined Rental Housing Advisory Board meetings would be held at City Hall on the second
Wednesday of every month at 3:30pm beginning on Wednesday,August 9, 2017.
ADJOURNMENT
The meeting adjourned at 4:52pm.
Respectfully submitted,
Allen Davis
Community Development Director