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Home My WebLink AboutA010 - City Attorney letter outlining changes proposed by Rental Property Owner's Association and comments CF //48 -80 City of AMES, Iowa ,kyPublic Safety Bldg 50010 (515) 232-6210 JOHN R. KLAUS City Attorney SANDRA M. ZENK MARK W. F . LINDHOLM Assistant City Attorneys ' "A November 26, 1980 NOV 2 6 1980 Don Biggs, Chairman and Housing Code Advisory Committee of the City of Ames, Iowa SUBJECT: Rental Housing Code The Ames Rental Property Owner ' s Association has outlined nine changes it desires for the proposed rental housing code . In the following paragraphs, the Association' s recom- mendations are set forth and followed by my comments . 1 . Section 13 . 3-13 . It would appear to us that this has unreasonable restraint on property ownership and should be changed specifically for out-of-town owners of duplexes and small- er amount of units . Comments I cannot concur with this recommended change in the "opera- tor" requirement. It is included in the existing code and in the proposed revision of the code for a fundamental purpose, viz . the rental housing inspector must be able to communi- cate quickly and effectively with someone who is responsible for each particular rental unit. See Section 13 . 5 ( 1 ) (d) ( ii ) . The operator does not have to be the owner. The owner of a duplex who lives a great distance out of town is only re- quired to retain an individual within a reasonably con- venient distance of Ames to serve as the operator or agent. One of the tenants might be a suitable operator. The ex- pense of retaining an operator may constitute a small re- straint on out-of-town ownership of duplexes or houses, but it cannot be avoided without permitting gaps in the enforce- ment process . i A Combining Education and Industry with Hospitality Housing Code Advisory Comm. - 2 - November 26 , 1980 2 . Section 13 . 4-2 . It would appear to us that this paragraph would be impossible to admini- ster. We think that the City would have to be involved in removing persons from property after 30 days because present laws do not provide for that kind of removal . Comments Section 13 . 4(2 ) can be administered in other ways than seeking a court-ordered eviction. Unlawful occupation or unlawful allowance of occupation may be dealt with through Section 13 .4(7 ) ( $50 . 00 civil penalty) or Section 13 .4( 6 ) (criminal penalties ) . If eviction is sought by the housing inspector pursuant to Section 13 .4(8 ) , the City of Ames would be the plaintiff. Any of these three alternatives are more expensive and time consuming than voluntary compliance or informal resolution, but they are not impossible to administer. Furthermore, a rental housing code without an enforceable prohibition against renting and occupying non- complying units would be utterly ineffective. 3 . Section 13 .4-7 . We are not sure that a civil penalty is a legal charge . It would appear to us that this would be a duplicate charge in that the inspection fee allowed paid in paragraph 7 provides for recovery of all costs by inspection office . Comments Section 13 . 4( 7 ) is properly included in the present code as well as the proposed revision of the code and is consistent with House File 2536 ( Sec. 3 (a ) ) , which recommends inclusion of civil fines . The $50 . 00 fine permitted in Section 13 .4(7 ) would not constitute a duplicate charge . "All costs" in- curred in the abatement of a violation are also recoverable in this civil action. If such costs are recovered, the $50 . 00 fine "recovered for the use of the inspection office" would be used elsewhere in its budget. 4 . Section 13 . 10-1 . The word "substantially" should be inserted between "to" and "conform" , thereby giving the inspector some leeway in determination of compliance . Comments I agree with this recommendation, which reflects the wording of the present code . Whether or not the word "substantial- ly" is included in proposed Section 13 . 10( 1 ) , it will be administered and judicially interpreted to require no more than "substantial" compliance or conformance . Honesty calls for the inclusion of this qualification, as recommended by the Association. Housing Code Advisory Comm. -3- November 26, 1980 5 . Section 13 . 11-7A. The term of one week to abate a non-compliance is too short a time . Many time parts for air conditioners, stoves, etc. may take two to three weeks to obtain. Comments Section 13 . 11(7 ) (a) does not generally require abatement of a non-compliance within one week. When the rental housing inspector determines that a rental unit is in non-compliance, the operator must be promptly notified. Section 13 . 11(1 ) . Within one week of receiving this notice, the opeator may enter into an agreement with the inspector about a program of abatement requiring fourteen days or more. Section 13 . 11(3 ) . If abatement involves waiting for parts or materials, the operator promptly should so inform the inspector and enter into an abatement agreement pursuant to Section 13 . 11 . If the operator does not enter into abatement agreement within a week after receiving notice of non-compliance, the inspec- tor is then obliged to deny or revoke the letter of com- pliance if "the non-conformance has not been promptly abated" . Section 13 . 11 (7 ) (a) . The inspector must decide what a "prompt" abatement is under the circumstances of each case . The inspector' s decision about a failure to promptly abate is subject to review before the Housing Appeal Board when the aggrieved party, e.g. , the operator or owner, files a written application within two weeks of the inspector' s decision. Section 13 . 17 . The Housing Appeal Board must meet within thirty days of the application for an appeal, and it is empowered to overrule the inspector' s decision and set a reasonable time for partial or complete abatement. Sections 13 . 16 and 13 . 20(2 ) and (3 ) (a) . In summary, the rental housing code does not generally require abatement of a non-conformance within a week. Much more time for abatement is permissable under an abatement agreement with the inspector. Adverse decisions of the inspector are subject to review by the Housing Appeal Board. 6 . Section 13 .8 . This should read "A letter of compliance issued for dwelling units shall be effective unless revoked pursuant to Section 13 . 11 . " In other words, the change of owner- ship or operation should have nothing to do with revoking a letter of compliance . Comments Upon a change of ownership the rental housing inspector must receive information about the new owner and/or operator. llousiiiy Coda Advisory Comm. -I- November 26, 1980 The effect of Section 13 . 8 is to require the new owner or operator to file an application for a letter of compliance pursuant to Section 13 . 5( 1 ) . If this application is made, the rental units involved may be rented prior to an inspec- tion. Section 13 .4( 1 ) . In short, a change of ownership does not mean that the rental units involved must be in- spected before they can be rented by the new owner. 7 . Section 13 . 38-1A. Most landlords provide for the inspection of the letter of compliance at the applicant ' s option at the landlord ' s office. We think this is adequate and dis- playing the letter on the premises would be very undesirable. Comments The rental housing code does not require the letter of compliance to be displayed on Lhe premises of the rental units, as the Association suggests . Showing this document to new tenants at the landlord ' s office and keeping it there for inspection is an adequate compliance with Section 13 . 38 ( 1 ) ( a ) . 8 . We feel that the rent escrow paragraph should be dropped entirely because repair and deduct will handle most everything they are trying to accomplish. Continents Repair and deduct, and the rent escrow remedy are quite similar. However, if the new rental housing code is to have only one of these two remedies, I would recommend dropping repair and deduct. Repair and deduct may involve $200 . 00 or one month' s rent, whichever is greater. Rent escrow may involve up to six months ' rent, making it useful for both large and small repairs . Furthermore, a rent escrow system is recommended by House file 2536 (Section 3 (e ) . 9 . Finally it is a fact that the State of Iowa is the largest owner of rental property in our community. We feel that to have an 1 effective standard of rental housing in our City, ALL rental units should come under the jurisdiction of the new rental housing code . Anything short of that would be discrimina- tory. IComments Iowa law exclusively empowers the State Board of Regents to I Housing Code Advisory Comm. -5- November 26, 1980 regulate dormitories at institutions under its control . Section 262 . 35(3 ) , Iowa Code ( 1979 ) , authorizes the regents to "exercise full control and complete management over such dormitories . " Thus, the rental housing code cannot apply to dormitories of Iowa State University. Very truly yours, Mark W. F. Lindholm Assistant City Attorney cc: John Elwell Reinhard Friedrich { I 1