Agenda Guidelines:
Explain Process of Tagging a Property including:
- Explain process of eviction.
- Examine time frame from tagging to being.
- What steps are taken to insure people are notified of sheltering options.
- How do other cities handle the same situations?
- Are there any recommendations from CED for making the process smoother?
Rental Inspection Review: Give a quick down and dirty overview of the Rental Inspection process.
Education Efforts:
How are landlords informed of the maintenance codes and rental inspection program.
Are their notifications on the window guard legislation.
Legislative options related make landlords and tenants more accountable:
1. Point system - move from a 5 year cycle to a point system to better get at the problem properties - Hopkins was suggested as an example.
2. Relocation Expenses - legislation requiring landlord to pay for relocation expenses should the property be deemed uninhabitable.
https://www.oaklandca.gov/resources/code-compliance-relocation-program
3. Draft Legislation
1759.03 DRAFT -OWNER AND OCCUPANT DUTIES
A. Owner's Duties: It shall be the duty of every owner, operator, responsible agent or manager to keep and maintain all residential rental units in compliance with all applicable codes and provisions of all applicable state laws and regulations and local ordinances, and to keep such property in good and safe condition and to be aware of, and to act to eliminate disruptive conduct in such residential rental units.
It shall be unlawful for any person to conduct or operate or cause to be rented either as owner, operator, responsible agent or manager any residential rental unit within the City of Allentown without having a Residential Rental Registration or a Residential Rental License, as required by this Article.
The owner, operator, responsible agent or manager shall include the amendment attached hereto as the Addendum to Residential Rental Agreement in each lease of a residential rental unit taking effect on or after January 1, 2000. Said amendment is hereby considered to be a part of every lease of a residential rental unit in the City of Allentown executed on or after January 1, 2000.
It shall be the responsibility of every owner, operator, responsible agent or manager to display the Residential Rental Registration or Residential Rental License in the residential rental unit. The Residential Rental Registration or Residential Rental License shall include the following information:
1. The name, mailing address, telephone number and email address of the owner, operator, responsible agent or manager; (15022 §1 10/17/12)
2. The evenings on which garbage and recycling are to be placed curbside for collection;
3. The telephone number to call to register complaints regarding the physical condition of the residential rental unit;
4. The telephone number for emergency police, fire and medical services;
5. The date of expiration of the Residential Rental Registration or Residential Rental License; and
6. A summary of the owner's and occupant's duties under this Article.
It shall be the responsibility of every owner, operator, responsible agent or manager to employ policies and to manage the residential rental units under his/her control in compliance with the provisions of this ordinance, City codes and applicable State laws.
No Residential Rental Registration or Residential Rental License shall be issued to any residential rental unit owned or operated by a person residing outside the County of Lehigh unless there is provided to the Department of Community Development the name, mailing address and telephone number of a designated responsible agent residing or working within the County of Lehigh, authorized to accept service of process on behalf of the legal owner of said residential rental unit. For the purpose of this section, a post office box is not acceptable for the owner and/or responsible agent's address.
The absentee owner/operator shall be required to notify the Department of Community Development within thirty (30) days of any change in responsible agent. (15022 §1 10/23/12)
Owners or operators residing outside the County of Lehigh but within a ten (10) mile radius of Allentown City Hall and meeting the following criteria shall be exempt from naming a designated responsible agent:
No cases of three (3) disruptive conduct complaints within a twelve (12) month period regarding the same occupants of a particular residential rental unit, as documented by upheld Disruptive Conduct Reports;
All taxes and fees paid by December 31 of the preceding year
The residential rental units must pass inspection at the first re-inspection, both interior and exterior of the property must be in compliance with all codes (there will be an allowance for exterior repairs for the time of the year);
If the Department of Community Development notifies the landlord that a residential rental unit is unfit for habitation due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the residential rental unit until the conditions are corrected. Failure to comply shall constitute a violation of this sub-section punishable pursuant to §1759.99C of this Code.
If the Department of Community Development notifies the landlord that a residential rental unit is unfit for habitation due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord, who knew or should have known of the existence of these conditions, shall be required to provide temporary housing for all affected tenants for the shorter of:
1. The remaining term of a fully paid rental term.
2. until the rental registration unit is determined fit for habitation.
Failure to comply shall constitute a violation of this sub-section punishable pursuant to §1759.99C of this Code.
The landlord shall provide temporary housing to displaced tenants within seven days of the Department of Community Development sending notice of the unfit for habitation determination, except;
1. A landlord shall not be required to provide temporary housing for any displaced tenant in a case in which the determination of unfit for habitation directly results from conditions caused by a tenant's or any third party's illegal conduct without the landlord's prior knowledge;
2. A landlord shall not be required to provide temporary housing for any displaced tenant in a case in which the determination of unfit for habitation results from conditions arising from a natural disaster.
3. A landlord shall not be required to provide temporary housing for any displaced tenant in a case in which the rental registration unit is condemned pursuant to an eminent domain action.
During the period from the date that the Department of Community Development first notifies the landlord of conditions that violate applicable codes, statutes, ordinances, or regulations to the time that temporary housing is provided to eligible tenants, or the conditions leading to the notification are corrected, the landlord may not:
1. Evict, harass, or intimidate tenants into vacating their units for the purpose of avoiding or diminishing application of this section;
2. Reduce services to any tenant; or
3. Materially increase or change the obligations of any tenant, including but not limited to any rent increase.
All affected tenants shall have the option to accept or reject the landlord provided temporary housing.
Nothing in this subsection shall deny the tenants of their rights guaranteed under the applicable Federal and State statutes.
4. Use of Act 90
5. Establish a Housing Court
6. Dedicated Solicitor for CD to deal with Landlord/Tenant Issues
7. Creating a list of good landlords and good tenants.
Information Request: what types of information would the committee like to review for their decision-making process.
- Can we get a breakdown of citations on landlords - say the top ones - perhaps a history can be created and based on history up the incentives for compliance.
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Solicitor Questions:
What authority does the city have under the law to make the tenant responsible?
Can we set up a fund for relocation?
What incentives can we use? Under what conditions can we remove business license? Rental license? If this is revoked how is relocation funded - can the property be liened or some other mechanism be set up?
CED Updates:
• Mentorship Program
• Spanish Version of Allentown's Vision 2030
• New Citywide Branding
• 2nd Covid-19 Business Relief Program