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HomeMy WebLinkAboutMN-PEDC-2022-01-19Approved at the March 2022 PEDC Meeting City of Ithaca Planning & Economic Development Committee Wednesday, January 19, 2022 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Laura Lewis, Chair; Cynthia Brock, Rob Gearheart, Patrick Mehler Committee Members Absent: Alderperson Phoebe Brown Other Elected Officials Attending: Mayor Svante Myrick, Alderperson George McGonigal, and Faith Vavra Staff Attending: Lisa Nicholas, Deputy Director, Planning and Development Department; and Deborah Grunder, Executive Assistant Others Attending: Chair Laura Lewis called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review Chair Laura Lewis welcomed everyone to the first Planning and Economic Development Committee meeting of the year. She introduced the committee members: First Ward Alderperson Cynthia Brock, Second Ward Alderperson Phoebe Brown (unable to attend), Third Ward Alderperson Rob Gearhart, and Fourth Ward Alderperson Patrick Mehler as well as herself, Laura Lewis, Fifth Ward Alderperson and Chair. Chair Lewis also thanked former Alderperson and PEDC chair for many years, Seth Murtagh, who served the City as Alderperson very well and certainly served as Chair of the PEDC very expertly. She also thanked JoAnn Cornish, our retired Planning Director who has lived in the City of Ithaca her whole life and has served our City so well for many, many years. Thank you to them both. Approved at the March 2022 PEDC Meeting She further thanked Acting Director Lisa Nicholas who along with Debbie Grunder is supporting our meeting tonight. The meeting will begin we'll begin with public comment and a reminder to members of the public that there is a three-minute limit. A one-minute heads up will be given when your time is about to run out but please do note yourselves that you will have three minutes to speak. 2) Public Comment Sarah Curless, 838 North Aurora Street, shared her disappointment that although the eviction moratorium for the state of New York was allowed to expire this past Saturday which put 210 000 households at risk of eviction in the state that the Common Council of Ithaca has not passed any good cause legislation to date and is not even close to doing so. This legislation would protect so many renters from eviction in the City during global pandemic which is still raging. As someone who is currently sick with Covid and quarantining at my current residence, she thankful that she does not have to worry about losing her rental housing as well. Those at risk of eviction and suffering from Covid and those who have chronic illnesses and are more susceptible to the many terrible effects of this disease do not have that luxury the government of a municipality is supposed to protect all of its people as best it can especially from avoidable threats such as homelessness and a climate with negative Fahrenheit temperatures She urged the City to please do the right thing and pass good cause legislation for the City as many other municipalities have done in this state since the summer and other states passed decades ago. If other cities and states have shown that good cause works for tenants, there's no reason not to enact it here. This state allegedly has relatively good tenant protections by this country's standards so as a self- proclaimed progressive City, we should be legislating those values. Also Alderperson Patrick Mehler’s proposed amendment to the city code is a Band-Aid for what really needs to be done. It is a distraction from the passage of good cause eviction. Taking the bill out of committee was a mistake and it's time to do the right thing for the residents of Ithaca. Bhuvan Singla, 206 West Lincoln Street, he lives here with his mother. He is medically disabled and they are marginalized immigrants. He provided examples from his own personal life. The landlord who owns the property where we currently live is selling the house which means we have to move out. We want to move out, but the good cause eviction is not in conflict with the goals of the landlord. We will move out and cause no conflict for him. Approved at the March 2022 PEDC Meeting He used to live on Slaterville Road for almost half a decade. Once the landlord became elderly, they wanted to sell the house. That meant they had to go. He didn't want to move out because he lived there for a long time and was part of the neighborhood. The landlord moved in and renovated it. After three years he is still there. The last example I would like to give is one of my clients from my computer services became disabled, losing his fingers in an accident and his landlord just removed him. He didn’t renew the lease even though he was able to pay. Landlords are selfish and prioritized with themselves. He feels that good cause eviction causes them to think about the community first and think if it benefits my community and therefore benefits me versus the other way around. 3) Special Order of Business a) Public Hearing Alderperson Brock moved to open; seconded by Alderperson Mehler. Carried unanimously. Carolyn Headlam, 310 W. State Street, stated on January 15th over Dr. Martin Luther King Jr. weekend during a massive snowstorm and yet another covered winter the New York State Government allowed the eviction moratorium which has secured shelter for tens of thousands of the most vulnerable New Yorkers to expire leaving renters quite literally out in the cold. Tomorrow night right here in the City of Ithaca, four households are on the eviction docket on the 27th. That number rises to 11 families at risk of eviction and permanent displacement from our City. Ithaca is a city of renters. Three out of four Ithaca city residents rent our homes so when you evict us you risk permanently unraveling the fabric of our City. To combat the violence of displacement and homelessness, Common Council needs to pass strong and comprehensive good cause legislation. We need more than a revised timeline for lease renewals. We need a baseline right to remain in our homes because housing is a human right. We also need a robust right-to-counsel program so that Ithacans of all income levels can receive quality representation. To date we have not received any details about that program. These programs and policies must be informed by the lived experiences of Ithaca tenants in a city where three out of out of four residents are renters a working group with one tenant is not sufficient equitable landlord-tenant relations are a matter of public welfare in the midst of a global pandemic it is also a matter of public health. I implore you to pass comprehensive good cause beyond the lease renewal that that has been placed on the agenda tonight. Genevieve Rand, 128 E. Spencer Street, her comments are basically along the same line as the others. With this lease renewal timeline regulation, she doesn’t disagree with the intent of the law to place a stricter guideline when landlords can Approved at the March 2022 PEDC Meeting start pressuring people for lease renewals because people just aren't generally able to make that decision way far in advance. She thinks regulating this and creating like a new period is a good idea in theory but it doesn't actually work if people can be denied a lease renewal for no reason. The law has no teeth, and you can't really functionally uphold it if people can then just be denied renewal for absolutely no reason. What would the enforcement mechanism for this even be legally? What happens if the landlord violates this law? The obvious thing would be that they then cannot deny that tenant lease renewal. If they start asking before this required wait period has expired, then they cannot evict that person for non-renewal. They would be in fear unless they wanted to go for financial damages which would be hard to calculate. It is just so much simpler, and the reason that the regulation of lease renewable timeline is included in good cause is because one needs to be able to stop a landlord from denying somebody a lease renewal. That is the only way that this has any teeth. As far as the law, I understand the intention of it, but it doesn't do anything if you don't stop the denial for no reason. That is why it needs to be a part of good cause legislation. It doesn’t really functionally do anything if it is separated out because there is no way to enforce it. It is not a bad idea, but it belongs as part of the bill that actually gives it a way to function which is good cause, and that is what we need to pass Ray Schlather, Schlather, Stumbar, Parks, and Salk, LLP, 200 East Buffalo Street, Ithaca, started out a with a simple story. Years ago he chaired the charter and ordinance committee of this Council and along with his colleagues attempted to amend the plumbing code. It made a lot of sense for a lot of people. We made a mess of it. Why? Because we did it or we tried to do it without inviting the plumbers to table. He suggested the City has an opportunity to make some constructive useful changes to the rental code. But the City has not engaged the landlords. He gave an example of how artificial barriers and artificial deadlines create unintended consequences or have unintended consequences. Given the present legislation, what you're trying to do with §258.10 you are trying to change the 60-day period to 180 days, and you're trying to eliminate the waiver opportunity that people can ente r into. There are two problems with that. Number one, you're going to run into some constitutional issues. This may sound brash and brazen, but that's the bottom line. Regulatory taking is similar to physical taking in the eyes of the law. If it becomes confiscatory and my guess you have not had a chance to do the legal research that is necessary to determine that this level of regulatory taking will have that consequence but more importantly is many of you talked about how we want to protect the individual tenant. The way the legislation is written there's nothing to preclude a landlord from showing the apartment virtually, in other words, not go into the apartment but make arrangements to rent to a new tenant, have it all set up and then at the 180-day deadline simply sign up the new tenant. The existing tenant is out Approved at the March 2022 PEDC Meeting in the cold and my concern there these are little problems that can be resolved, they can be addressed, and they can be. What he is trying to explain is that even under this well-intended legislation the unintended consequence may very well force existing tenants, primarily student housing kinds of tenants, existing student housing tenants from not having the opportunity to renew their lease because the landlord is not going to wait the 180 days to begin virtually showing the apartment to other people lining up the tenants and eventually signing those people up as soon as 180 days is over. The City must think this through and spend some time. Invite the plumbers to the table. Don’t let history repeat itself. Both Christopher Anagnost, 418 North Tioga Street, and Nathan Lyman, Ithaca Renting Company, sent in written comments. They were read into the record and also attached to these minutes. Alderperson Brock moved to close the public hearing; seconded by Alderperson Mehler. Carried unanimously. Response from Committee: Alderperson Brock thanked all who commented tonight. She further stated that we will not be voting on the Good Cause legislation. At the last meeting of the PEDC in December we decided to not bring it back for the January meeting. One of the reasons included the fact that there has been a request for the New York State Attorney's Office take a look and issue an opinion to determine if municipalities are pre-empted from the ability to pass legislation pertaining to evictions. It was estimated at the time that an opinion would be forthcoming sometime in December or perhaps in January we expect it to come at any time when that decision is made we will share it with the public. That is one of the reasons we are not bringing this forward for consideration by Council until that determination has been made. As for the legislation that we are considering, it is just a discussion item tonight. I will save my comments for that area on the agenda but she wanted to thank everybody for coming and speaking. 3) Announcements, Updates, Reports No announcements were made. 4) Action Items (Voting to send onto Council a) 2022 Annual Council Concurrence that the Planning Board be Lead Agency Approved at the March 2022 PEDC Meeting Alderperson Brock stated that this is great. It’s very helpful. It streamlines things for staff and new members of council. She looked to Lisa to clarify when projects are coming in through the planning board we are included in announcements with projects as they are added to the agenda. It would be important to take a look and see what's coming up that is actually our notification of these projects coming forward and it would then be incumbent on members of council if they so choose to withdraw its consent and decide to request lead agency to do so I believe early in the process but keeping an eye on those agendas is just another thing that we can do to stay out in front. She asked Lisa Nicholas to confirm what was just stated. Nicholas stated that under law when an agency is about to declare as lead agency, they have to send out the project information and the environmental forms to the other involved agencies. This is done before the agenda comes out. Sometimes you will receive a notification that there's a project and this is the description and that the Planning Board intends to act as lead agency. It is actually even before the agendas come out sometimes. It's a separate kind notification. Please keep an eye on the agendas because there are lots of development that you might be interested in. 2022 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution Moved by Alderperson Lewis; seconded by Alderperson Brock. Carried Unanimously. WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations, and Approved at the March 2022 PEDC Meeting WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency since 2015, and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in which the Planning Board will assume Lead Agency status for such projects; therefore be it RESOLVED, that Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2022; and, be it further RESOLVED, that for any future project Common Council may withhold or withdraw its consent should it so desire. 5) Discussion Items a) Proposed Amendment to §258-10 of the City Code (Rental Housing, Renewal of Rental Agreements; Notification to Tenants) Ordinance No. 2021- Ordinance to Amend Chapter 258 (Rental Housing) of Part II (General Legislation) of the Code of the City of Ithaca in Relation to Notification of Tenants WHEREAS, the City of Ithaca has a substantial renter population, with 74%1 of Ithaca’s 32, 1082 residents renting; and WHEREAS, by providing a 180-day waiting period before receiving an opportunity to renew a lease, a tenant will have had ample and appropriate time to decide on whether to negotiate to renew as well as landlords will have more opportunity to rent to tenants attending Cornell University; and BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 258 (Rental Housing) of Part II (General Legislation) of the Code of the City of Ithaca, Section 258-10 is hereby amended as follows: (...) § 258-10 Renewal of rental agreements; notification to tenants. The landlord shall provide a minimum of 60180 days’ written notice to current tenants of a residential unit before doing any of the following: 1. Renewing the current rental agreement Approved at the March 2022 PEDC Meeting 2. Showing the residential unit to prospective new tenants 3. Entering into a rental agreement with new tenants B. Such written notice may be provided at any time during the rental agreement period, from the effective date onwards. This provision of notice shall not apply under any of the following conditions: 1. The current rental agreement period is less than nine months. 2. A summons and complaint to recover possession of the premises has been filed and served on the current tenant in accordance with all applicable laws and rules. 3. The landlord and tenant mutually agree, in writing, to waive the notice period. (…) Section 2. This ordinance shall take effect on February 3, 2022 after publication of this ordinance pursuant to the City Charter. 1 http://www.cityofithaca.org/DocumentCenter/View/10148/2019-2023-Consolidated-Plan?bidId= 2 https://www.census.gov/quickfacts/ithacacitynewyork Alderperson Mehler thanked all who spoke tonight and further stated again that this is not a voting item tonight. I did receive comments that this legislation seems to benefit college students, not all renters. He stated that is not the case. All the letters he received seem to be in favor of this change. His intent is to help everyone possible. Comments were made that people need time to figure out whether their roommate is a good fit. Most renters and landlords rent right out of the gate because they are concerned about not getting housing. Chair Lewis opened it for other committee members to speak. Alderperson Brock stated she very much supports these changes but thinks the 180 days is too long. Alderperson Mehler stated that he is not inclined to change the 180 days. 90 days is still too low. He would like to know how others feel about the 180 days as opposed to 120 days. Approved at the March 2022 PEDC Meeting Chair Lewis thanked Alderperson Mehler for allowing us to provide our thoughts. Alderperson Cantelmo also provided his comments on this legislation. For him, Patrick's proposed removal of Section B3 which is the mutual waving of the notice period I think helps to provide the bulk of the rebalance here. He also echoed what Patrick, Cynthia, and Rob have said in that he thinks underscoring any discussion of this and an eventual conclusion whether it's the current 60 day, 90 day, 120, or 180. Whatever it is, he thinks all are small comfort unless tenants that work living and operating in a tight rental market are not under that pressure to wai ve something to have their application be competitive. That particular piece of the intended legislation is well intentioned. Alderperson Gearhart presented a visual which might help understand the impact on dates of different period of days. He shared his screen and plugged in different dates to see the impact on changing the dates. Lisa Nicholas stated that if we will be looking at this again in February, we will need to reach out to more people for further discussion. Alderperson Mehler moved to amend the whereas’s and amend to the February date. Alderperson Brock stated that she didn’t think it can be amended without moving and seconded it. It was moved and seconded it. Alderperson Mehler provided his amendments and will provide the exact wording. Alderperson Mehler moved; seconded by Alderperson Brock to make the discussed changes, bring it back in February for a public hearing, and further discussion. b) Planning & Development Overview & Draft 2022 Work Plan Lisa Nicholas, Acting Director, Planning and Development Department went through the 2022 work plan for the group. Chair Lewis thanked Lisa for pulling this together. This is really helpful. Lisa thanked the group for giving her the opportunity to give a brief overview of our department. She stated she will try to keep it brief. There will be an opportunity for a bigger or more detailed orientation later but as she speaks having the work plan in front of the group might be helpful to flush out some of the things that are said. She asked for some feedback on the work plan at the end of this too. Approved at the March 2022 PEDC Meeting The Department of Planning and Development, as you know what we do as a whole, we also have lots of different areas of practice and expertise as we manage growth and change in accordance with the community's vision as set forth in the comprehensive and other plans as well as state and local laws. In doing that the department strives for a safe, sustainable, equitable, and economically diverse community for those who live, work, and play or otherwise frequent the City. We have two divisions: the Building Division and the Planning Division. The Planning Division has lots of different areas and the Building Division is a little bit more straightforward. She talked about this idea of managing growth and change a little bit so all know what we do as the Planning and Development Department. Growth and change can happen to us. We can try to make it happen and it can be due to economic, political, or social forces. It can be internal or external. We do different kinds of management. Sometimes we do proactive management where we determine it is the community's desire for this outcome. We work toward how to make that happen. She provided the top priorities for the department going forward. Top Priorities for 2022 include: 1. Fill all vacant positions in Planning and Building to reach adequate staffing levels, including a new Special Events Coordinator 2. Green New Deal Implementation a. Implement the Ithaca Electrification Program b. Establish a CCA with the Town of Ithaca c. Complete Feasibility and next steps to develop a solar farm in the Southwest d. Create new Energy Benchmarking Program e. Coordinate adoption of a Justice 50 Program f. Submit grant application for the Good Jobs Challenge to create a Green Jobs Corridor 3. Complete Downtown Plan in Coordination with the DIA 4. Update Zoning Map and Chart 5. Structure an Inlet Island Urban Renewal Project (IURA) 6. Coordinate, support and monitor Green Street Redevelopment & Conference Center 7. Comp Plan - 5 year Review & Update– Accomplishment Report, Sustainability Update 8. City Facilities –Conduct public outreach and development approvals for East Hill Fire Station, determine next steps for Ithaca Police Department Relocation, Release REFI for Redevelopment of Seneca St Garage and reevaluate priorities for other City facilities. 9. Develop and Coordinate approval of local cannabis legislation 10. Modernize office space, functions and records: Provide all inspectors with IPads for off-site access to network, complete digitization of building plans and planning documents, select and install new office furniture in Planning & Building. Approved at the March 2022 PEDC Meeting The Planning and Development Department also provides administration and support to an array of boards and committees namely Planning & Development Board, Board of Zoning Appeals (BZA), Ithaca Landmarks Preservation Commission (ILPC) and Planning and Economic Development Committee (PEDC). 6) Review and Approval of Minutes a) April 2021 and December 2021 Both sets of minutes were moved as amended by Alderperson Brock; seconded by Alderperson Mehler. Carried unanimously. 7) Adjournment Moved by Alderperson Gearhart; seconded by Alderperson Mehler. Carried unanimously. The meeting was adjourned at 7:55 p.m. Approved at the March 2022 PEDC Meeting Ithaca Renting Company 118 Prospect St., #200 Ithaca, NY 14850 607-273-9462 x8800 Nathan M. Lyman, COO Nathan@ithacarenting.com January 19, 2022 Dear Committee Members: These comments will summarize a detailed letter also being submitted that takes more than 3 minutes to discuss. The proposed law represents a fundamental misinterpretation of the landlord-tenant relationship, and is not well considered. Early rentals are entirely driven by students, and their parents. Landlords are simply responding to their requests. Does the city really want to force students to have a worse housing experience? Students, and their parents do price comparisons and negotiate hard, often pitting one landlord against the other. This law takes away their ability to negotiate, by compressing the timeline. The proposed law only applies to juniors who might renew. Graduating seniors don’t stay in Ithaca. Landlords know those units need to be rented and this law prohibits them from renting in the fall, even knowing the unit will be available. Landlords are prevented from offering incoming winter semester students a lease or showing them a unit in the fall, until after they arrive in January. It prevents outgoing foreign study students from subleasing, because we are prevented from negotiating a lease until February. Compressing the renewal period into February – May will result in market turmoil and panic shopping. Long lines up and down streets in the middle of the winter will be the result. Current occupants will be constantly disrupted by the need to show spaces quickly. Our company’s past experience has shown that a staggered renewal period provides a much more satisfactory outcome for the tenant than having a fixed announcement date with people stacked up outside our office. There are challenges when people live together. Students can take months to decide if a roommate is a good fit. This law takes away that opportunity. It is a law in search of a problem that does not exist. The unintended consequences will be dramatically bad. The comparative disadvantages of forcing all students into a short time window during the middle of winter significantly outweighs any perceived benefit of this law. Approved at the March 2022 PEDC Meeting The amendment should be rejected, and PEDC should seriously consider removal of section 258-10 entirely from the city code. Respectfully submitted, Nathan M. Lyman Ithaca Renting Company Approved at the March 2022 PEDC Meeting From: Christopher George Real Estate <christophergeorgerealestate@gmail.com> Sent: Tuesday, January 18, 2022 12:23 PM To: Deborah Grunder <DGrunder@cityofithaca.org> Subject: PEDC Committee Meeting Re: § 258-10 Renewal of rental agreements; notification to tenants. A. The landlord shall provide a minimum of 60 days' written notice to current tenants of a residential unit before doing any of the following: (1) Renewing the current rental agreement. (2) Showing the residential unit to prospective new tenants. (3) Entering into a rental agreement with new tenants. Debbie, Please forward the following message to the members of the Planning and Economic Development Committee and ask that it be read into the record of the meeting: My family has owned property on East Hill and Collegetown since 1949 and sold our last rental property earlier this year. We have rented primarily to Cornell students, undergraduate and graduate, as well as to visiting faculty and scholars from around the world. We have also in the past, had IC students as tenants. I would ask that you consider changing the notification requirement in this proposal to 90-days minimum instead of 180 days. Many students who study abroad second semester want their housing settled before they leave. Also, an exception should made for apartments or houses where all the residents are graduating at the end of their lease period since they and the landlord know they aren’t staying. Why can’t their property be shown after 90 days of the start of the lease? The current proposal assumes a one size fits all situation and will cause undue stress on individuals who need to carefully plan their schedules and finances way in advance of what the 180 days allows. Thank you for your consideration. Regards, Chris Christopher J. Anagnost Licensed Real Estate Broker Christopher George Real Estate 418 N. Tioga St. Ithaca, NY 14850