HomeMy WebLinkAboutA003 - Memo dated February 8, 1996 from Ames Human Relations Commission a
MEMO CITY MANAGER'S OFFICE
CITY OF AMES
TO: Ames Area Owners/Operators of Rental Property
FROM: Ames Human Relations Commission
DATE: February 9, 1996
SUBJECT: Revisions to the Municipal Code Human Relations Chapter (Chapter 14)
On February 6, the Ames Human Relations Commission met with the City Council regarding
changes to Municipal Code Chapter 14. The first reading of these proposed changes will be on
the February 27 City Council agenda. The Commission will be available to answer any questions
the public may have during its February 22 meeting at 7:00 p.m.
The Human Relations Commission has been in the process of reviewing the status of our local
ordinance in relation to Code of Iowa Chapter 216 for nearly a year. This past summer and fall
the services of Andrew Ross, a Drake University law student, were secured to assist the
Commission and City staff in drafting revisions to the City's current ordinance (Chapter 14)
which would keep it consistent with the provisions of the Code of Iowa. It has been traditionally
the approach of the Commission and staff to keep the City's Chapter 14 as consistent with the
State Code provisions on Civil Rights as possible (the notable exception to this being the addition
of "sexual orientation" as a protection in 1991).
The Commission discussed and reviewed the proposed changes at length during a televised
meeting on November 6, 1995. Many of the recommended revisions involve discrimination in
housing, as dictated by federal actions in the Americans with Disabilities Act, Federal Fair
Housing procedures, and actions of the Iowa Legislature over the past several years. Please see
the back of this sheet for a summary of proposed changes which may interest you.
You are encouraged to bring any questions you may have to the Commission on February 22.
If you are unable to attend the meeting, please feel free to call Sheila Lundt at 239-5101 with
your questions.
/lvz
A Summary of Chapter 14 Amendments as Proposed by the
Ames Human Relations Commission
I. Section 14.2 - Definitions:
The Iowa Code addresses two definitions that were not fully addressed in Section 14.2 of the Ames Municipal Code. The
term and definition of"Covered Multi-family Dwelling" was not previously addressed anywhere in Chapter 14 of the Ames
Code. Additionally, in the Section 216.2(9)(c) definition of"Familial Status," the Iowa Code addresses Pregnant persons,
which was not previously addressed in Chapter 14 of the Ames Code. Both provisions have been added to Chapter 14.
II. Section 14 8A• Additional Unfair or Discriminatory Practices - Housing:
The Iowa Code addresses additional housing discrimination such as inducing another person not to sell or rent a dwelling
based on particular classifications, misrepresenting to an individual of a particular classification the availability or
unavailability of a dwelling,refusing to sell or rent to an individual because of a disability, etc. These provisions have been
amended to Chapter 14.
III. Section 14.12 - Exceptions.
A. Section 216.12(4) excludes the provisions of Sections 216.8 and 216.8A from application to discrimination on the basis
of familial status involving dwellings provided under any state or federal program specifically designed and operated to assist
elderly persons. This section has been emended to Chapter 14.
B. A new subsection, subsection(6) was amended to Chapter 216 in May 1995. Subsection(6) excludes the application of
Sections 216.8 and 216.8A to "discrimination on the basis of sex involving the rental, leasing, or subleasing of a dwelling
within which residents of both sexes would be forced to share a living area." This section has also been amended to Chapter
14.
IV. Section 14.15A - Additional Proceedings: Housing:
The Iowa Code addresses additional proceedings in housing discrimination cases that were neither accommodated nor
addressed anywhere in Chapter 14 of the Ames Code. The following provision have been added to the new version of
Chapter 14:
A. Section 14.15A(1)empowers the commission to join other persons to a complaint,and discusses the process
of notification when such joinder occurs.
B. Section 14.15A(2) addresses mediation by the commission and mediation agreements between parties.
C. Section 14.15A(3) authorizes the commission to order a civil action for appropriate or temporary relief
pending final disposition of a complaint.
D. Section 14.15A(4) pertains to the preparation and filing of a final investigative report by the commission.
E. Section 14.15A(51 states that the commission shall investigate and make its determination on an alleged
discriminatory housing practice not later than one hundred (100) days. Subsection (5) also contains exceptions to the one
hundred (100) day rule.
F. Section 14.15A(6) defines what must be included in the commission's determination under subsection (5).
G. Section 14.15A(7) addresses complaint dismissal by the commission when a determination of no probable
cause occurs. Subsection (7) also discusses public disclosure of each dismissal. Section 14.15A(8)prohibits a commission
from making a determination regarding an alleged discriminatory housing or real estate practice after civil proceedings have
been initiated by the aggrieved party under federal or state law seeking certain relief.
H. Section 14.15A(9)instructs that when a civil action is not elected timely under Section 14.16A of the Ames
Code, the commission shall provide for a hearing on the charges in the complaint.
I. Section 14.15A(10)authorizes commission to assess a civil penalty against the respondent in an amount not
to exceed limits established by the Iowa Code.
J. Section 14.15AG 1)defines what types of complaints are subject to the provisions of Section 14.15A of the
Iowa Code.
K. Section 14.15A(12)dictates which Section of Chapter 14 will prevail in the event of conflict with an earlier
counterpart (ie: Section 14.17A will prevail over Section 14.17, Section 14.16A will prevail over Section 14.16, Section
14.15A will prevail over Section 14.15).
V. Section 216.17A: Civil Proceedings -Housing:
Provisions relating to civil proceedings in housing or real estate discrimination cases have been added to Chapter 14. Section
14.17A 1 empowers the commission to authorize a civil action on behalf of the aggrieved person in a district court seeking
relief. The other provisions that have been amended to Chapter 14 include the commission's responsibilities regarding civil
proceedings, where civil actions may be filed, what type of relief the district court may grant, and how relief granted under
this section affects contracts, sales, leases, or other encumbrances.
PROPOSED RENTAL HOUSING CODE CHANGES
BACKGROUND:
Since the City updated the local building, electrical, plumbing, mechanical and fire codes
on April 1, 1993, staff have found direct conflicts with our local rental housing code. Staff
met with the Landlord's Association and discussed changing the rental code to eliminate
these conflicts and also add some additional life safety items which were recommended by
various groups, such as, fire fighters, landlords, tenants, and the Housing Board of
Appeals.
We resurrected the Housing Board of Appeals and discussed concerns of our
staff/landlord association meetings. There were a few cases where the Housing Board of
Appeals requested more restrictive standards than either staff or the Landlord's
Association agreed upon. The feeling of the Board is to improve the condition of the
housing stock. They do not feel safety items should be compromised, therefore, they have
asked for certain standards to be adopted and appeals made on a case by case basis.
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PROPOSED RENTAL HOUSING CODE CHANGES
Staff Proposals
The following list are those items that are recommended by staff. This list contains important
requirements to improve life safety items, clarify rental code details already in existence and
bring in line with the Uniform Building Code. There are also a few items that provide policy
guidelines for those conditions which exist, but are tough to enforce.
Sec. 13.3 Definitions and Rules of Construction
(15) Owner-occupied single family dwelling: Any townhouse, condominium, or
detached dwelling that is occupied as a dwelling by the owner or relative within
the first degree of consanuinity. It is one dwelling unit even if allowed roomers
occupy part of the building.
Add "Also includes dwelling with a nanny, live in nurse, AFS student or similar"
(a) The problem: Inspectors may get complaints or stumble onto a nanny flat or
an AFS student room. We may catch 1 or 2 violators, but how many others are
out there that we don't know about? This is impossible to enforce.
(b) Consider these cases as an extension of the family.
(c) No disagreement among those who attended the meetings.
Sec 13.22 Construction
Add "(3) All building related items that are repaired or replaced shall meet
current building codes. If standards are too general in the rental code, then the
Uniform Building Code will be used as a reference."
(a) The problem: The rental code is too vague in many areas.
(b) Use the current building code as a reference. The UBC has provisions to
correct noncompliance items when repaired. The UBC also has provisions for
historical significance.
(c) No disagreement as long as we do not retroactively enforce new codes on
existing structures.
Sec 13.26 Handrails & Guardrails
"Refer to UBC for new rental properties. New rental properties are new
construction or those existing structures which are being converted to rental
properties. Existing properties shall have one safe handrail per stairway."
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(a) The problem: There are many illegal and unsafe handrails throughout the
City. Change is needed because the rental code is not accurate on height,
number of risers, etc.
(b) It is the position of the Housing Board of Appeals that this is a tremendous
liability problem to the landlords, and the cost of repair is minor. Therefore, they
feel the inspection staff shall retroactively pursue at least one safe handrail per
stairway.
(c) Some disagreement-landlords understand the need for one safe rail, but are
concerned about the cost.
Sec 13.28 Plumbing & Heating
Change (3) to read "Gas fired appliances shall not be in or open directly into
bedroom or bathroom. The dwelling units where hazardous conditions exist shall be
corrected immediately.
(a) The problem: A bedroom or bathroom may have been installed next to
furnace or water heater illegally and could cause injury or death if an appliance
malfunctions.
(b) The Housing Board of Appeals wish to retroactively correct hazardous
conditions where they exist, immediately.
(c) Slight disagreement-landlords agree these items can be corrected at the time
the appliance is replaced, otherwise, these situations should be "grandfathered
in."
Add"(7) Gang water meters in multiple dwelling units shall be clearly labeled."
(a) The Problem: Fire fighters and others need to know which meter belongs to
each dwelling unit.
(b) Label the meters by any method that clearly shows which meter belongs to
a given apartment.
(c) No disagreement among those who attended the meetings.
Add "(8) All clothes dryers shall be vented directly to the outside."
(a) The problem: Clothes dryers are not being vented to the outside for moisture
control nor gas emissions.
(b) Solution is to require all clothes dryers be vented to the outside.
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(c) Slight disagreement-question of electric dryers vs. gas dryers. The solution
is to require all clothes dryers be vented to the outside to prevent somebody from
switching the type of clothes dryer without knowing whether it needs vented or
not. The solution is also an inexpensive repair.
Add"(9) Plumbing and mechanical items repaired or replaced shall follow current
uniform plumbing and mechanical codes. Any items not written clearly here will be
referenced to current plumbing and mechanical codes."
(a) The problem: The rental code is vague in many cases.
(b) Use an existing plumbing code as a reference.
(c)Slight disagreement-Landlords agree with the principal, but don't want entire
structure brought into current standards.
Sec. 13.29 Electrical
Add to(5) "Additional outlets, beyond two, may be required in those conditions
where safety is jeopardized."
(a) The problem: Large or complex rooms may need more than two (2) outlets,
because of the number of appliances in use, room size, room layout, etc.
(b) In a dangerous circumstance an additional outlet(s) would be required even
if two already exist.
(c) No disagreement among those who attended the meetings.
Add "(7) Gang electric meters in multiple dwelling units shall be clearly
labeled."
See comments - Sec. 13.28(7).
Add"(8)Emergency lighting shall be provided in all common hallways and stairways
in multiple dwelling units greater than two (2) units to an amount of one (1)foot
candle at the floor level."
(a) The problem: There is no light available to see the exits and the exit path
when/or if the power goes out. It may be a tremendous hazard pawing down a
dark hallway looking for an exit while the building is on fire.
(b) Add emergency lights with battery backup in all hallways in structures
containing two (2) or more dwelling units which currently do not contain them.
(c) No disagreement among those who attended the meetings.
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Add (9) All electrical items shall comply with most restrictive codes when
repaired or replaced. If items are not clearly written here, then the current
National Electrical Code will be used as a reference."
See comments -Sec. 13.28(9)
Sec 13.35 Minimum Requirements. Fire Safety
(1)(b)(ii)The window space serving as such exit shall have an unobstructed height of
at least 24 inches, width of at least 20 inches, and finished sill height of 44 inches or
less: and
Add to (1)(b)(ii) "have an openable area of 5.7 sq. ft."
(a) The problem: Vital information is missing from the rental code.
(b)Add 5.7 sq. ft. of openable area for clarity.
(c) No disagreement among those who attended the meetings.
Add (1)(b)(iv) Egress windows below grade shall have a window well as wide as the
window and thirty- six (36) inches from the glass to the face of the well. If it
is deeper than forty-four(44)inches, it must have a permanent affixed ladder or
steps."
(a) The problem: It doesn't do any good to have an egress window if the window
well is not large enough to open the window and escape or large enough for fire
fighters to perform a rescue.
(b) Correct unsafe conditions that currently exist and verify compliance for all new
installations.
(c) Slight disagreement because some cases may have a physical hardship
because of lack of space.
(6) Exits, routes of exit and corridors shall be kept clear of trash, debris and personal
property. A S area clear of all trash, debris and personal property shall be maintained
around meters, hot water heaters and all heating appliances.
Add to (6) ...maintained around meters, "electrical panels,"...
(a) The problem: Electrical panels were left out of current list, but could be
dangerous if not accessible.
(b)Add this additional area of clearance for safety reasons.
(c) No disagreement among those who attended the meetings.
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Add 7.) Areas which contain furnaces and water heaters shall be clearly labeled
with permanent signs stating all items to be kept no closerthan three(3)feet from
appliances."
(a) The problem: Tenants think of mechanical rooms as storage closets. We
have had many scary situations where severe property damage and loss of life
could have occurred.
(b) The sign would be a constant reminder to the tenants to think before they act.
(c) No disagreement among those who attended the meetings. (The City will
have a bumper sticker type sign printed and will give these out or sell them for
cost.)
Add "8.)All basements and similar areas shall be signed "No Sleeping unless
applicable codes, such as, egress, ceiling height, relationship to furnace room,
etc. are met." Signs to be permanently affixed.
(a) The problem: Tenants think nothing of sleeping in a basement for with no
concern for the unexpected danger that may be present.
(b) The sign would be a constant reminder for the tenants to question their habits
before jumping into dangerous situations.
(c) No disagreement among those who attended the meetings. (The City will print
these signs and give away or sell at cost.)
Sec. 13.38 Owner's & Occupants Responsibilities
Add-"Existing items grandfathered by the retroactive conversion permit will be
allowed to continue and will be exemptfrom new code changes unless those specific
areas are remodeled for any reason. If they are remodeled,they shall be brought
into current compliance as best as possible. Those situations with extreme
hazards where inadequate knowledge occurred at the time of issuance of the permit
may have their status reevaluated."
(a) The problem: Inspectors have found some severe potential problems with
existing units having a retroactive conversion permit. These conditions may have
been passed because of the large number going through the process, a lack of
information or direction from national code bodies, etc. No matter what the
reason, there are a few hazards that need reviewed.
(b) Correct the major issues where obvious violations occur that contain a large
potential for injury or loss of life. We're talking extreme hazards where window
wells are to small, beds are in the same room as the furnace, etc. Also, require
only those areas be brought to current standards when remodeled. It is not our
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intention to require all items be corrected when only a small part of dwelling unit
is remodeled.
(c) Some disagreement. The Housing Board of Appeals want the Inspection Staff
to review hazardous situations even if they have a retroactive conversion permit.
Landlords do not want to reevaluate these situations and believe they should be
"grandfathered in.
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