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HomeMy WebLinkAboutMN-RHAC-1991 CITY OF ITHACA RENTAL HOUSING COMMISSION Minutes of the Meeting of January 10, 1991 Present: Pierre Clavel, Ed arm 'dy, Mark Finkelstein, Carol Mallison, Terry Pasco, John Schroeder, Pam Zinder. Absent: John Efroymson, Valerie Grinston. Public: Timothy Terpening, Orson Ledger. Carol Mallison, vice-chair, presided; and introduced new Commissioners DfrmIdy and Pasco. Minutes: The minutes of the meeting of December 13, 1990 were approved. Guest Speaker: Acting City Judge Marjorie Olds addressed the Commission. Her comments included the observations that (1) availability of printed information for tenants is not a problem; (2) security deposits are a problem, and an ordinance such as a Syracuse measure limiting the period within which a landlord must return a deposit seemed worth examining; and (3) there is a substantial number of tenant-landlord conflicts before city court and small claims court -- ten cases per week in the former, and perhaps an equal number in the latter. Public Comment: Mark Miller noted the impending availability of a new private business providing a tenant-landlord matching service -- at 272 2000. Tim Terpening requested future Commission discussion of alledged discrimination against non-residents in the issuance of plumber's licenses by the City Building Department and Board of Plumbers. Orson Ledger argued against the "Pogo Parcel" subsidies planned by the city on the grounds of current market depression and the potential draining of affordable housing demand from Collegetown units. Information Group: John Schroeder gave a preliminary report on the Southside Survey report, which had not yet been delivered in the final form based on previous commentary by the Commission; and on the Pogo Parcel plans now working their way through the City's decision machinery ("Pogo Parcel' Development Guidelines" are attached to these minutes) . Budget: Carol Mallison and Mark Finkelstein reported a proposed Commission budget of $1500 for 1991; which the Commission voted on and approved. Policy Group: Pierre Clavel- reported on a set of meetings involving Stephanie Fried and others since May; and agreed to set forth a list of policy issues in a memorandum, which is attached to these Minutes. AS a�r�'I�e, City of Ithaca ���,�cG1 /y1 / 0 Rental Housing Commission Minutes of February 14, 1991 Meeting Present: J . Efroymson, P . Clavel , E. Dormady, M. Finkelstein, C . Mallison, T. Pasco , J . Schroeder, P. Zinder. Public Present: Larry Beck, Barbara Blanchard, Myra Malkin, Tim Terpening, Steve Hurtzberg, Mark Miller arid_asaQQ.ia.te . Minutes: Minutes accepted from previous meeting. Meeting: Tim Terpening raised his concern that current plumbing regulations discriminate against property owners who do their own work. He was advised that the concern should be aired to the plumbing board. Theresa Alt from the Mayor' s Office stated that information referal is difficult - no particular office to send calls . Mark Miller reported to the Commission that his Housing Solutions business was in operation. John S . suggested that because of extreme differences , Collegetown would be an appropriate location for the next survey. This difference would help test the mechanism. The question of legality was discussed concerning obliging landlord to furnish information to the city . P . Clavel said he would advertise for grad student help. The possibility of a future public forum was discussed. It was decided that any such meeting would have to be structured and planned ahead. Myra Malkin stated that while landlords are interested automatically, tenents must be alerted to attend. Pierre C . recommended that a grad/worker be• employed to look into renter' s inclinations. ( 1) Meeting (Cont. ) : John E. read message from city engineer that a $25 charge will be assessed on those wanting their meters read. It was announced that pending negotiation, West Village ' fl-.‘`i C' /4°1 a (r'c..i 1 o ware—t-o be sold by Abbott Associates �ty. Ithaca Housing Authority,wou' d minis rat/th er o ati,,dns, The oper . ' - :.. o ing o ered urch e to otHer p v- e non-profit oncern . Carol M. agreed to forward a written budget request to the mayor. Ed D . assigned to Policy Working Group. Terry P. assigned to—Re y-Working Group. Barbara B. will recommend a 1st Ward representative for the Commission. Th L S. 5 „may O"t 1 John S . has mailed results to those landlords who requested it. Pogo Parcel development will be offered to the Mutual Housing and private concerns. Ass ac,4'I-,dG-) The Board of Zoning Appeals objected to the level of discretion the affordable housing variance would afford them, according to Barbara B. Pierre C . stated that the variance should only be allowed if rent is controlled as term of variance. Mark F. stated that although BZA may not be the best venue , the ammendment' s progress should be watched. John E . noted that an organization already existed for landlords , but none for tenents . Requested that the Policy Working Group draw up a recommendation for a rental housing office . (2) 7 Do r-r1"-1..G0-7 Approved CITY OF ITHACA rcC l ) q y l Arf-, . • RENTAL-ROUSING COMMISSION MINUT.ts OFa°MARCH 14, 1991 �1 l p►^c.sd-n�: C 1 a u ak, D o M b,,....1 r • �.. \ M-o N•z %, �"t h 1c•,7�.r 41, . Fes...,.fiZ U.s •r. NEW MEMBER George Frantz was Introduced to the commission . MINUTES of the [/14/91 meeting were amended : to read " West Village and Maple Hill are likely to be sold by Abbott Associates to the Ithaca Housing Authority" also., "Terry P . assigned to supply working group " • ana, "John S. has mailed results of the Southside Survey to the landlords who requested it " r1 No PUBLIC COMMENT . CORRE'SPUNUENCE--notice was receives from the Mayor ' s ottice that $15OU has been approved tor the commission ' s 1991 budget . WORKING GROUP REPURIS John E. reported on the plan to develop a rental housing resource guide . It is anticipated that we use 1 stuQ'nt intern to compile the intormation . Cost tor interns will De • $/5U each-- 1 to complete the survey ( this summer) and 1 to compile the resource guide . 3 rhc \/ 14/91 p . [ A decision to tlir.e :1 i,ri,tern tor the Col legetown housing survey was moved by Ed D . , seconded by Terry. P , , passed . Mark F . opposed the resolution on the basis that it the commission is interested in completing this task , commission members should complete the work and return the budget dollars to the City . George F . and Pierre C . abstained . Decision to hire 1 student intern to compile a resource guide was moved by John S. , Seconded by Terry P. , passed with b in tavor , 1 opposed , and 2 abstaining . Members of the policy working group ( Pierre , Ed , Terry ) reported that they had met to discuss the merits and possibilities ot an Ithaca Rental Housing ottice ( see attached proposal ) . Such a resource might serve as a central source ot rental housing intormation tor both tenants and landlords . Intormation group will develop a time line tor conducting the Col legetown survey . -- lerry Pasco 0 Mental Housing Commission A,.oril I1. I g2I Minutes • Attendance: Commissioners Present—Teny Pasco,Mark Finkelstein, Carol Mallison,John Efroymson,John Schroeder. Commissioners Absent— Pierre Clavel, Ed Dormady,George Frantz, Pam Zinger. Members of Public —Tim Terpening,Myra Malcolm. Approval of Two minor corrections —(1)All commissioners were present; March 14 (2)The heading on page 2 should read 4.3114191."The corrected Minutes: minutes were approved unanimously. Public T.Terpening stated his belief that the mutual housing project Comment projected for the Pogo Parcel site on the Northside is unnecessary and unwise at this time,and feels that the city ought not to be subsidizing this project.J. Schroeder replied that — unlike most government subsidized affordable housing projects —this mutual housing concept involves a one-time subsidy only, instead of continuing subsidies over time; he stated it was an experiment deserving a chance. Correspondence J. Efroymson reported on a tenant who states his landlord to Commission: forbade him to have black friends visit his apartment.After discussion, twas agreed that M. Finkelstein would be available to the tenant as a facilitator,with additional help from C.Mallison if necessary. Policy Wori<on an Ithaca rental housing resource manual is in Working Group: progress. Information A draft of questions to be asked in the upcoming Collegetown Working Group: rental housing survey was discussed at length and amended, to clarify how many occupants are permitted to live in a unit at a given rent level,and to clarify which utilities are included in the rent • 2 o Supply-Side This working group posed the question: Is there a role the Working Group: Rental Housing Commission can play to help the homeless population? Problems involving the housing code,red tape, support services, and transitional housing were discussed. The working group will be suggesting possible commission initiatives to alleviate such problems in the future. Plans for a community forum on rental housing issues are proceeding. Perhaps the forum could be piggy-backed with a Loaves and Fishes dinner.One idea would be to have one or more experts on housing issues help ansvw questions.The forum could occur as early as June. Status of BZA J. Schroeder reported that this proposed ordinance revision is Zoning Variance being rewritten yet again by the city attorney's office, and will be re: Affordable reconsidered by the Planning and Development Committee Housing when the new draft is ready.The provision of affordable housing remains among the possible criteria for granting an area variance. Status of Two Cornell interns have been hired for the summer. Cornell Interns: Miguel Comacho will conduct the Collegetown survey,and Joan Bailey will work on the rental housing resource guide. —J. Schroeder,who wishes his computer program had all the cute little graphics and odd typefaces that other commissioners insert into their minutes. • Etna p ,;( 4' 1 RENTAL H0TJUIn OH ISSIO2° '.inutes of the Meeting of Hay 23 , 1991 1. '_'resent : Pierre Clavel, Mark Finkelstein, John Efroymson, Carol Hallison, Terry Pasco, John Schroeder of the Commission, Summer workers Joan ?Dailey • and Miguel Camacho, members of the public Myra Malkin, Amy Simrell. 2. Amy Simrell, executive director of HOPS, Inc. , presented an account of the problems her organization had building a new 10 unit single room occupancy rental structure. She focused on rigidities in the city interpretation of the state building code, which she attributed to the city building review officer. This, she said, is costing us affordable housing. Examples include: a) xcessivel; :pensive fire warning strobe lights were required in all units, for persons who do not hear. b) IIOHES' requirement that rooms be lockable caused the city to require a Motel classification for the building, raising other issues and expenses. c) The city denied a sideyard variance in a case where the building being renovated was very close to a neighboring building, resolved by the construction of a masonry barrier wall at great expense. d) In another case the city required a deadbolt on the front door of a building housing six psychiatric patients. The mechanics of the bolt would be difficult for these particular patients, with the result they would tend not to lock the building at all, defeating the purpose of the requirement. In a subsequent comment, Simrell noted the failure of a trickle—down effect of the reported oversupply of high—end rental housing. HOLM still cannot find single occupancy apartments inthe 1400-500 range. Commissioner Pasco commented that rents are currently rising in the 1200-300 range. Commissioner Finkelstein notes a report from County Housing Director Poston that the overall housing market is now eased except for SfO and larger family units -- the units of most importance to the low income population, other Commissioners responded. 2 . John Efroymson asked for input to Joan Daley on the resource guide questionaire. The sense of the meeting was the output should include : a) Collection of data for a resource guide as to what each agency provides of use to renters and landlords. b) Develop a sense of what is offered, duplicated, and what is omitted and still needed. 4. A ro dosed nubile meeting was postponed, pending discussion in the June meeting of this Commission. ASP_4yCd GS a i+��✓1�lCGL Ithaca Rental Housing Commission ivieeting ;v;inutes June 1991 7 Covviach t� Present: J . Bailey, M. , E.Dormady, J . Efroymson, M. Finkelstein, C . Mallison, M.Malkin, T. Pasco , J . Schroeder, T. Terpening, P. Zinder Minutes: May minutes rolled over to July meeting. Resource provider' s questionaires mailed out. Collegetown survey ---- -Major renovations question struck from survey as too ambiguous and possibly privacy invasive . " T - - • . - _ - - p-- , ctoele 's tooc{ 4iaf tIe •Survey ref u/1`S a-f i _o cin iase _"—a. w rii nor recess-ar, I 12e rep re se math✓ OF fiC' C' hre e tc,Li/rl area. -Survey area increased to be bounded by Dryden Road, Cook Street,College Avenue and Eddy Street. Public Forum --- -Theme of meeting is to gather renter' s concerns and raise broad issues to guide RHC action. -Central location to attract general public - Pres. Church chosen. -Format : open mike and commission responses. -Mid-July selected (July 17) . BZA Affordable Housing Variance . -Council approved process for affordable housing variance. Contractual obligationito be specific . 4rpit ✓el W-ifl�1 Ithaca Rental Housing Commission Minutes of July 11 , 1991 Meeting Submitted by John Efroymson Present: Schroeder, Mallison , Dormady, Finkelstein , Pasco, Clavell , Frantz , Efroymson . Public : Evan Schwartz , Myra Malkin Interns: Bailey and Comacho Corrections to June minutes: Re: Collegetown survey comment should read : " It is understood that the survey results will not necessarily be representative of the entire Collegetown area. Correct spelling of Miguel ' s name: Comacho We still need to approve/amend Pierre' s May minutes. Public Comment: Evan Schwartz , IC student had contacted John E. re: problem with lease. He had seen rental speak-out poster and tel . #. It turns out that he actually lives in the town of Ithaca, at 229 Coddington Rd . He spoke of his problems of getting roaches exterminated and his attempts to get out of a lease with the owner, Eric Friedland . He and his roommates had put down 4 months in rent. It was suggested that he continue to negotiate with owner and use Community Dispute Resolution Center. It was also suggested that he check with town building department for certificate of occupancy and proper building permit. John E. reported his communication with Eleanor Hoffman who had not been able to use her living room area due to construction . She had asked for a partial rent rebate from the landlord , William Olney. Olney reported that tenant was ungrateful for other concessions and that he was prepared to go to court. John said tenant had suggested CDRC but landlord refused . Myra Malkin said that "partial constructive eviction" might apply. Commission suggested that tenant check with building department to see if proper permit had been issued for construction . John E. and Mark reported calls from developer John Novarr re: the flyer for Tenant Speak-out. He was upset that it seemed as if the RHC and city were trying to cause trouble where there might be none. John pointed out that it was Mark ( the landlord rep. on RHC) who had word-processed flyer and been integral part of small group who had worked on Speak-out. John and Mark believe that Novarr was somewhat satisfied that RHC is trying to elicit tenant input to RHC process. Policy working group: Joan reported on progress of resource guide and that she was still receiving answers. She handed out a two page summary of surveys received , interviews, and preliminary survey results. John E. reported on his draft of the RHC' s answers on questionnaire and solicited input from the group. There was a heated discussion re: our answers. Mark F. questioned the appropriateness of saying that there was a problem with affordability,tsince we were still collecting data. Pierre, John E. , John S. , and Ed st ted that it seemed to be a given . Mark and Carol stated that landlord prob ems were not mentioned such as tenants causing damage to apts. Pierre suggested that Joan B. attempt to speak with members of RHC individually or their replies. ,40 cor'lc(U v--S coakCk 0 U,1 r it/■i‘te I IS" skrvey .vas only ,'a grzaft fore hat a J 4/ rerotT Info. working group: Miguel reported that only 11 out of 600 units had reported . Two large landlords (Jason Fane and Christopher George) had chosen not to participate. This represents 35% of the total units. They cited it as an invasion of privacy and gov' t meddling . A group of Schroeder, Efroymson , Comacho, and Finkelstein will attempt to convince them to participate. Mallison reported that at a meeting of landlords many feel as if the mayor ' s goal is still rent control . There was some discussion how to quell this continuing fear. Renters' Forum: Carol reported that things are moving forward for July 17 Speak-out. Good article by Mayor in Grapevine column and posters are going up around town . John will continue press releases to radio, print and TV. Carol will take care of food (up to $50) . Alicia Plotkin of NLS will be there to help answer questions. Myra strongly urged good note-taking . George will check into getting posters on buses. Carol mentioned that we should not assume that mayor' s office can quickly handle duplication and mailings. Zoning Variance: John S. reported that Common Council passed resolution with affordable housing section in it. Terry reported that Pat Poston , who is willing to come to address us, stated that County is leery of projects in city because of delays. Mark reported that he had sent for HUD report which speaks to HUD' s interpretation of why there is a lack of affordable housing . He will share report with RHC. Afi r rG 141 a✓!1C✓!L1 NYCNKt5 //7/q/ City of Ithaca Rental Housing Commission MINUTES 8/15/91 Present: Ed Dormady, John Efroymson, George Franz, Mark Finkelstein, Carol Mallison, Terry Pasco, John Schroeder, Pam Zinder Interns: Joan Bailey, Miguel Camacho Public: Myra Malkin, Shai Stahl, Tim Terpening, Sandra Wilkins 1. Approval of Minutes. July's minutes were approved with some minor changes. Clarified that Miguel 's survey was only in draft form, not a final report. Mark's comment regarding supply and affordability from the survey was that no conclusions can occur since data is still being collected. 2 . Correspondence. John E. received correspondence from 8 tenants this month. They included lease/security deposit questions. Other types - final walkthrough of a rental unit, exterminating and allergies, flooding caused by tenant, and tenant's rights without the presence of a written lease. 3 . Joan's Report - status of Resource Guide. Commission reviewed the draft and made suggestions. The purpose of the guide and the audience it is intended for was discussed. The guide would be available to providers. Some of the suggestions included changes in topic and service indexes, adding a map, and discussion on the topics included in the agency and service indexes. Other discussions included how complete the book should be? Should private landlords be added? It was decided that only non- profit agencies could be listed. 4. Miguel 's Report. Miguel received a very low response rate from landlords. The response rate was at 7% which was statistically too small to make any conclusions. One possible reason for the low response rate included the myth that the Commission was formed to study and impose a rent control program. Discussion regarding the origin of this myth pursued. Miguel wanted to meet with a subcommittee to decide where to go with the survey. He wants to explore how other municipalities gather information on rents and vacancy rates. How do other area receive this information without contacting property owners or tenants? Next meeting: Thursday, September 19 at 3 : 30 p.m. Respectfully submitted, Pam Zinder Rental Housing Commission Meeting Minutes September 1991 9/6.7/7/ Attending: E. Dormady, J. Schroeder, G. Frantz, J. Efroymson, P. Clavel, T. Pasco, M. Finkelstein, C. Mallison, P. Zinder, T. Terpening, L. Parker, J. Bailey, M. Comacho August minutes amended and approved: Correct spelling of George's name: Frantz Carl Foyer brought concerns about lead in drinking water to the Commission' s attention. He stated that about 800 homes were known to receive water through lead service. As a result of a change in EPA acceptable standards for lead concentration in water service, from 50 ppm to 20 ppm, his water' s lead concentration will become unacceptably high, at 44 ppm. The City Water Department is in the process of testing 60 homes ' water supply. His concern that renter' s water be tested in a reasonable proportion was noted, and it was agreed that a letter urging the Water Department to include renters in the testing be sent. Tim Terpening believes we should remain informed about the activities of CHAS. It was noted that Pam Zinder is a member of CHAS and will be able to inform the Commission of pertinent actions by CHAS. John Efroymson related two communications from tenants. 1 Security deposit not returned, 2 Plumbing fixtures removed from apartment; parties agreed to double back rent during period of deficiency. Final comments made on Joan Bailey's resource guide. The guide will be presented in final form at the October meeting. It was moved and seconded to accept Mark Finkelstein's language into the minutes stating: The Rental Housing Commission accepted with thanks the Rental Guide prepared by Joan Bailey, Cornell summer intern, and commended her for her remarkable dedication and performance, going far beyond the call of duty. Joan B. submitted recommendations to the RHC, to be discussed at the next meeting. Miguel C. presented his interim report on the Collegetown survey. His findings were inconclusive because of lack of cooperation from Collegetown landlords. He and J. Schroeder will meet to finalize the report. He was also thanked for his efforts by the Commission. Submitted: October 10, 1991, Ed Dormady. CITY OF ITHACA RENTAL HOUSING COMMISSION MINUTES OF MEETING OF NOVEMBER 14, 1991 Page Two ADDRESS TO THE RHC. The Commission then welcomed Pat Poston, who •I addressed the Commission in her role as Director of Housing for the Tompkins County Department of Social Services. Pat stated that there was a lack of data as to the personal circumstances of clients. The level of rent subsidy available from the state is very low. Therefore attempts are often made to qualify people for Section 8 assistance, a federal program providing rent subsi- dies. There is limited availability of Section 8, but it is a wonderful tool. There seems to be less turnover currently of people with Section 8. The greatest need is for housing for single people and large families. The CHAS report prepared by Tricia Norton of the City Planning Department is very help- ful and could become a good basis for progress, but Pat expressed concern about the possi- ble impact of statements regarding the CHAS report contained in the memorandum from Daniel Hoffman, chair of the City Planning and Development Committee . Chair Efroymson suggested that all commissioners obtain a copy of the draft CHAS report. Pat stated that there has been a phenomenon of people coming into Tompkins County to obtain a higher level of support services, though most such people do have local ties. Pat mentioned that the proposal to limit security deposits to one month contained in the November 14 memo from the Policy Committee would frustrate the ability of DSS to get problem tenants into housing, because frequently it is only by offering larger security deposits that DSS is able to persuade landlords to accept such tenants. Next meeting December 12, 1991. Respectfully submitted, Mark Finkelstein Commissioner ' I ,; e iii n n Ayr ,v�7rePi 1111 ���°ec( as �i 2-, ` 1491 i1 CITY OF ITHACA RENTAL HOUSING COMMISSION MINUTES OF MEETING OF NOVEMBER 14, 1991 5 IN ATTENDANCE. Commissioners: John Efroymson (Chair); Pierre Clavel; Ed Dormady; Mark Finkelstein; George Frantz; Carol Mallison; Terry Pasco; John Schroeder; Pam Zinder. Public: Joan Bailey; Larry Beck; Joel Harlan; Myra Malkin; Dolph Orthwein; Tim Terpening. (ii MINUTES. The minutes of the October 1991 meeting were read and adopted._____ ,v` PUBLIC COMMENT. Mr. Beck presented a proposal for the use of property tax cred- its to reduce the cost of rental units for those in need of affordable housing. N ♦POLICY COMMITTEE. This committee distributed a proposal dated November 14, 1991 entitled "Proposed Resolution to City Council." The proposal calls for: 1. the creation of a position of Rental Housing Officer to be financed with an annual fee of$12 per rental unit; 2. the conducting of an annual housing census of the supply, condition and cost of housing; 3. the regulation of security deposits, including limitations on the amount that may be collected, the form to be used to determine apartment condition; mandatory refer- ral of disputes to mediation; and the award of treble damages and lawyers fees to tenants in the event of a landlord's failure to comply with the security deposit provisions. There was some preliminary discussion of the proposal by members of the Commission and the public, but it was agreed that the December 1991 meeting of the RHC would be largely devoted to a full discussion. CITY OF ITHACA �N1 i hklc3 0� //13 72- RENTAL HOUSING COMMISSION do not s�'o f7 u,'ltcf�+e� �ir5 orml s ire Lapro`e- 1- J MINUTES December 12, 1991 Commission Members: Pierre Clavel, Ed Dormady, John Efroymson, Mark Finkelstein, George Frantz, Carol Mallison, John Schroeder, Pam Zinder Absent: Terry Pasco Public: Robert Balder, Joan Bailey, Larry Beck, Barbara Blanchard, Anne Clavel, Margot Flacco, Mark Goldfarb, Sharon Gracen, Mark Haag, Kathy Hovis, Neil Howard, Julie Kirby, Mathew Lyons, Myra Malkin, John McPherson, Dennis Merryfield, Scott Raynor, Judy Saul, Ed Swayze, Tim Terpening, Philip White, Jr. The minutes dated November 14, 1991, were approved as written. Public comment, largely in response to the Policy Committee's proposed resolution, included the following: • Larry Beck: public regulation of private contracts would have to be done with a great deal of consideration regarding impact. • Mark Goldfarb: tampering with private business relationships removes the incentive to provide housing to some households. • Neil Howard: annual fee charged to the LL will be passed on to the Tenant as extra rent; fifteen days to return Sec. Dep. is too short, can't even repair some units in that time; says state law allows 45 days. • Philip White, Jr.: why is the proposal patterned after a community so different from ours? • Mark Haag: Tenants often leave for other states and countries; even though costs can be collected by law, it's not practical to do so given the distance, thus the need for Sec. Dep.; may take a week just to get a local bank to release the Sec. Dep. • Tim Terpening: serious parking ticket problems on Schyler Place should be an item on next month's agenda; wants minutes sent to him. • Barbara Blanchard: please send the Policy Committee's proposed resolution to the Housing Providers Network and the Homeless Task Force for comment. • Judy Saul: Community Dispute Resolution Ctr. handles many LL/Tenant cases; proposes mediation by choice, not mandating compromise; please use their agency as a resource, don't "order" people to use it. Y • Joan Bailey: Tenants who leave the area have equal difficulty getting Sec. Dep. back; if LLs want information from the Commission to justify number and types of housing problems, they should also be willing to provide information to Commission regarding vacancies, damage, etc. • Scott Raynor: recommends use of check-in lists to help avoid Sec. Dep. disputes. Commission discussion of the Policy Committee's proposed resolution focused first on the section regarding Sec. Dep. Heated and animated debate included many points, arguments and speeches. Points such as the following were made: • for starters, see memos, one each from Mark Finkelstein, Carol Mallison and George Frantz. • don't limit the availability of housing by restricting Sec. Dep. • foreign students are particularly vulnerable when they leave for home and their Sec. Dep. needs are an important issue to address. • returning Sec. Dep. in fifteen days is too quick for practical purposes. • what happens if LL/Tenants don't agree when they first fill in the check list? • regarding penalty to LL of "up to twice the amount wrongfully withheld" (#6) - this amount is excessive, one additional amount is more reasonable (ie. total due is doubled, not tripled). • the people who have created this proposal (Policy Working Group) are not experienced with rental management or the impact their proposal will create. • if the proposal is passed, it will serve to raise rents as LLs attempt to offset costs that can't be collected through Sec. Dep. and other fees, charges that ultimately could be returned to the tenant under current practice, while increased rents will not. • the proposal shifts the constitutional burden of proof to one side only, the LL (#5), and allows only one party to be penalized if in the wrong, the LL (#6); same expectation must be made of both parties. • what exactly is wrong with the current system available through Small Claims Ct. and Community Dispute? Let's correct current system before creating whole new system with unforeseen problems. • provide more education to both LLs and Tenants on how to avoid Sec. Dep. problems, along with what to do when a problem arises. • up-front costs vary so much from LL to LL, it would be good to have something consistent that both LLs and Tenants could expect. • many LLs do not charge more than one month's rent as a Sec. Dep. now; therefore, up-front costs are not always unmanageable. • apparently the City can't "see" there's a housing problem and this alone creates a problem. Rental Corn. Min. 12/12/91, Page 2 • the issues presented center around an unequal balance of power between LLs and Tenants, one that unfairly favors LLs. • cleaning costs are routinely withheld from Sec. Dep., regardless of how clean the unit was when vacated; procedure required to obtain the $20. - $30. withheld is too involved and then LL benefits. • burden of proof regarding Sec. Dep. being wrongfully withheld should not rest solely on the Tenant, as it does now. • what mechanism can we create that would ensure no one is unfairly taken advantage of, LL or Tenant? • the City itself has created an imbalance of power favoring LLs by restricting development so that it results in a seller's market. • the use of a Housing Board of Review could be an option for dealing with LL/Tenant disputes. • Cornell University is, by far, the biggest LL in town; do we expect them to abide by this proposal? • the proposal is intended to address occasions when Sec. Dep. is withheld with no justification and is not intended to penalize anyone where there is a valid dispute of fact. • as a Tenant, this commission member would be willing to pay $12.00 a year to cover the cost of a Housing Officer. • the proposal should be passed on to Common Council now; no, it should not. Housing Officer: Discussion moved on to the proposal of creating a Housing Officer. No conclusion was reached regarding either the Sec. Dep. or the Housing Officer portion of the proposal. It was agreed that the proposal would be returned to the Policy Working Group for further revision. The revised version will be included on the agenda for the next Commission meeting. Supply Side Working Group members met with Larry Beck to discuss further his idea of creating a tax abatement for LLs who lower rents to an affordable level for low-moderate income households. The working group is interested enough to pursue the idea further. There will be three vacancies on the Commission beginning January 1st when two Commissioner's terms end (Pierre Clavel and Pam Zinder) and when John Efroymson joins Common Council. Commission members agreed to recommend that Mayor Nichols re-appoint both Pierre and Pam to their position on the Commission, if they wish to continue. Recommendations can be directed to the Mayor for the third position to represent the City's 2nd Ward. Commission members also supported a resolution, made by Mark Finkelstein, thanking John for his services as Commission member and Chair. Rental Corn. Min. 12/12/91, Page 3 a Public Comment: • Information and Referral's third highest number of calls is in regards to LL/Tenant issues; ranking higher than that are calls about marital issues. • it would be a good idea to talk to LLs who have already developed process/procedures for avoiding/dealing with Sec. Dep. issues, like those who use a check-list now, and take advantage of what has already been developed and learned by them. • just how big a Sec. Dep. is too big? LLs don't seem to have a limit. • recommends that LLs and Tenants should use a check-list to avoid Sec. Dep. disputes. • if cases go to court, the system isn't working. • court system is too intimidating for many. • creation of a centralized housing information center makes sense. • Tenants don't have a choice but to rent, LLs could choose another profession. • the proposal promotes the idea that consistent and responsible business practices will be followed. • the Commission spent months preparing, re-writing and approving the housing resources information book. It should be willing to put the same very careful thought, consideration, attention and time into proposing a piece of legislation. • let Tenants pay for Housing Officer position. • rental management is a business relationship and Tenants are treated as customers who LLs want to come back. • if marital issues get a higher number of calls than LL/Tenant issues, perhaps the City should set up a Commission to study these. • is the vacant spot on the Commission going to be filled with a Master or a Slave? The next meeting will be on Monday, January 13, 1992, at 5:00PM. Respectfully submitted, Carol Mallison Rental Corn. Min. 12/12/91, Page 4 COLLEGE TOWN RENTAL HOUSING SURVEY REPORT TO THE ITHACA RENTAL HOUSING COMMISSION August 15, 1991 By Miguel Camacho City of Ithaca 108 E. Green Street Ithaca, New York 14850 1 PURPOSE This survey was conducted to test a questionnaire to be used as a methodological tool for retrieving pertinent statistical information from landlords regarding housing conditions in Ithaca. At one level the survey tool would be tested within the conducted survey, and at another level it would extract desired housing information from Ithaca's Collegetown. GEOGRAPHIC AREA The targeted area for testing the survey was defined by a subcommittee from the Ithaca Rental Housing Commission. The outer streets of this parameter are Dryden, College, Cook, and Eddy Street. Properties on both sides of these streets were included within the targeted area. SURVEY METHODOLOGY 1. Several questions regarding housing conditions were placed into a survey questionnaire. Many of these questions were taken from a prevous survey. 2 . The names and addresses of all property owners within the targeted area were identified using the Ithaca Building Department records. 3. A mailing directory of the property owners was developed and a survey questionnaire was sent out to the corresponding owner of the properties within the targeted parameter. 4. The date of June 8 was set as the closing date for receiving all survey questionnaires from landlords. Landlords that did not 2 return their survey questionnaire within one week of the closing date were then called by the surveyor to request their cooperation in completing the questionnaire. FINDINGS Of the 611 units identified within the targeted parameter, information regarding only 46 units were correctly returned, comprising only a 7 percent of all units surveyed. Of the 46 units, 27 questionnaires were for single rooms, the remaining 19 questionnaires identified information for 19 apartments large than a single room. The following breakdown is for the 19 returned questionnaires, of units larger than a single room. Amount Unit Type 1 Studio 5 One bedroom apartments 7 Two bedroom apartments 2 Three bedroom apartments 3 Four bedroom apartments 0 Five bedroom apartments 1 Six bedroom apartments By viewing the limited totals of information for each apartment type, statistical conclusions are impossible to be made. For example there were no 5 Bedroom apartment surveyed. Only one Studio and one Six Bedroom apartments were surveyed. These totals are far too small to be statistically significant, and for estimations of averages and deviations of the average. Generating statistics for the 5 One Bedroom apartments and the 7 Two Bedrooms apartments will be skewed, even though these apartment types represent the largest totals surveyed. Averages generated will 3 produce incorrect results. For example the average rent for either a One or Two bedroom apartment is higher without utilities then with utilities included. Twenty-seven units surveyed were for single rooms. This total was generated from two landlords. Fourteen units were owned by 1 landlord and thirteen by another. Once again, any statistical inferences will be skewed, since these totals do not come from a large pool. Questionnaires for an additional 36 single rooms were also returned. The forms only included information regarding the total rent for the building and not for each unit, making these questionnaires unusable. ACCESSIBILITY OF OUESTIONNAIRE Of all the surveys returned, 81% correctly completed the questionaire. It can be determined that landlords had little difficulty in completing the questionnaire. Of those surveys not returned, the landlords were contacted, and the majority indicated that they did not wish to participate with the survey in general and not for any particular reason. Many landlords indicated that they did not recognize the city's need for obtaining such general information. No landlord indicated to the surveyor that the questionnaire itself was to difficult to complete or that the survey asked an excess of questions. RESERVATIONS The findings generated in this report cannot be considered conclusive in reference to established standard statistical methods 4 for the following reasons. 1. The survey's targeted area was not selected as a random sample. The area was predefined by a subcommittee of the Rental Housing Commission. 2. The accumulated information is not a census, since information for only 7 percentage of the area's unit was gathered. 3 . The results are too small to produce any accurate statistical conclusions. 4. Any results or findings will be skewed since landlords owning numerous totals of properties did not participate. Landlords owning numerous totals of units have substantially different types of dwellings (newer and large multiplex apartments) and also represent an extremely large amount of units not represented in the survey. RECOMMENDATIONS The statistical tool (survey) did not generate reliable information and was not properly tested, since many landlords declined to voluntarily participate in the survey. The objective in this survey was two fold, first to test a survey tool, and second to gather information on housing conditions within Ithaca's Collegetown. Neither of the two objectives were met. To meet these objectives the following recommendations should be considered. 1. Establish mandatory participation for all landlords to list all pertinent housing statistics requested by the Rental Housing Commission. Then statistical inferences can be derived from this resource. 2. Another survey of this area should not be done, since similar probles will be confronted. Instead research should be conducted 5 _ on how other cities extract relevant information on housing conditions, with minimal landlord and renter participation. For example, other cities use newspaper ads as an indicator of vacancy rates and apartment rates. Information regarding this type of survey is not known by the Rental Housing Commissioners. Gaining information about other survey methods should be acquired in order to determine other options for obtaining information on housing conditions within Collegetown and Ithaca. 3 . Other methods of obtaining housing information should be considered such as conclusions drawn from the U.S. Census or other established statistical abstracts. 4. The survey questionnaire appeared to be a reliable tool for extracting the desired information, since most participants were able to successfully complete the form. This form can be refined and used as a standard form for mandatory participation of landlords in obtaining desired housing statistics. 6 College Town Rental Housing Survey Statistical Summary RESPONSES Property owners mailed to 78 Surveys never returned 66 Surveys received thus far 12 Reporting no rental units 1 Returned surveys from Landlords owning 10 units or more 4 Returned surveys from Landlords owning 10 units or less 7 Returned surveys form Landlords owning 10 units large 0 then a single room RENTS Average Rent by Number of Bedrooms, with all or part of Utilities Included and with Utilities Separate. Utilities Utilities Number of Total Included Separate Bedrooms Unit Rent Unit Rent Unit Rent Room 27 276 27 276 0 Studio 1 270 1 270 0 1 5 345 3 341 2 350 2 7 596 5 575 2 650 3 2 945 2 945 0 4 3 1100 2 1100 0 6 1 1440 1 1440 0 7 VACANCY RATE Only one Two Bedroom apartment was surveyed as vacant. No conclusions can be drawn from this information. OTHER RENTAL CHARGES Security Deposit Required - 41 Security deposit less then one month's rent 13 Security deposit more then one month's rent 28 Advance rent Required 42 Advance rent less then one month's rent 0 Advance rent more then one month's rent 15 Advance rent equal to one month's rent 27 Other Deposits 8 Other Deposit less then one month's rent 0 Other Deposit more then one month's rent 0 Other Deposit equal to one month's rent 8 Interview with Ed Swayze Ed' s Info and referral service uses a log sheet data base to record and categorize calls . Since they had received a one shot deal in -funding from the Bar Assoc for lawyer referral , their figures ' fdr 1st quarter 1989 reflect shift in statistics on his spreadsheet.. The shift in some of his figures is also due to a more thorough breakdown into specific categories and the fact that other agencies are picking up some of his work/calls . Landlord/tenant problems constituted 211 of 7 , 851 in 1990, their third largest category. Also , even though they serve the coun ,: they.bulb= f the calls come from the city. DSS provides their maj orA fundling source, the city of Ithaca and United way also provide/some funding. Their Info and referral guide should pay for itself , via the price they charge to cover the printing costs but Ed has not really set up a spreadsheet system to track sales . Masked about- other agencies . Ed said that Comunity dispute resolution has funding „to provide help to Mobile Home owners . Cornell Legal Aid -can be-a problem since funding dries up each semester, so that it gets to be pointless to keep making referrals . On issue of pro-bono work, NLS has a pro-bono referral as does,, the Bar Assoc, maybe Displaced Homemakers . A number of .trie calls they get inquire as to whether or not there is a tenants group. Ed also said that he has no way of knowing if the referrals they make can successfully resolve the caller' s problem. We discussed at length an- idea of Edtis to set up some kind of social service computerized data base, which could be accessed from a couple of centrally located computer'berminals , in the mannerxof CUINFO. Ed has talked to some people at Cornell about this as well as Finger Lakes Library system. Ed wants to have a community information conference in Sept to discuss his plan for cooperative information sharing. Ed says that keeping his data base up to date is a real problem, volunteers don not want to come in just to do..,data entry and he feels having the data base maintained £nd updated in a professional mai'fner is essential . Interview with Pam -tinder - Cornell Off-Campus Housing '.-Pam:candmk, discuss, la number_ f problems faced by students when seeking rental housing. Many` problems-ire related "tol security deposits . There is no clear language as to how much of an advance rent landlords can ask for and there is no specified time for the return of a sec deposit. Many students are not familiar with buiding code requirements and may not realize what constitutes a violation. Students may be under a great deal of pressure to sign a lease when viewing an apartment and may be unaware of or intimidated into ignoring defects and problems . Renting as is can be a problem if students accepted certain conditions without getting in writing what landlords have agreed to take care of . Getting security deposits returned is a major problem. There is no clear language on what constitutes "clean"and there are often problems when landlords start to insist upon extensive cleaning before money is returned. The fact that many students are from out of state or out of the country is taken advantage of by the landlords . they can rely on the fact that the costs involved in legal fees and transportation in getting back to Ithaca preclude many students from trying to retrieve their money if the landlord balks at paying. Some problems that are unique to the student rental housing market are; -problems with roomates not paying their share, leaving others with their bills , also a problem with utilities . -other tenants in building not properly disposing trash and recyclables . -problems with students renting rooms in a house -problems with what constitutes a "furnished apartment" Furniture is often unsuitable or not specified in lease. -problems with international students not realizing that it is essential to put everything in writing. There can be a real clash of cultures as many of the students , particularly the Indian students expect that a verbal agreement is to be honored and are understandably upset upon realizing that verbal agreements don't grant them any legal basis for any grievance. Cornell off Campus housing does not offer any legal advice. Students are referred elsewhere , often to the A. G. ' s office for legal problems . Many problems have own variations , even when students realize there is an obligation on their part, they often feel that their case is the exception. It is difficult at times to give a precise legal answer to a problem. For its part, off- campus housing does not list any units that are not in compliance with building dept. Although units may not be in compliance it does riot mean that they are unsafe, the building dept may not have caught up with them. Pam feels that a lack of some basic tenants rights is a problem, that more could be done in clarifying lease language on sec deposits , as an example . Interview with Myra Malkin - Neighborhood Legal Services Myra explained that eligibilty for services required that client be at no more than 125% of poverty figure for that relevant family size . Fed regs also stipulate 12 . 5% private attorney involvement -2 cases a year and the attorneys can choose the type of case. NLS does not handle security deposit problems , they are referred to small claims court. They are more likely to handle eviction or warrant of habitabilty. Public housing Sect 8 is provided through EOC and IHA, but there is no tenant organization. There is no Housing Court as such but Judge Olds is familiar with housing issues and concerned with the rights of litigants . One problem in legal matters is that in some situations such as evictions , develop out of case law not statutes . Real property Law and Real property Action and Proceedings are the pertinent body of law. Many matters are not particularly clear, for example landlords must give reasonable notice to enter premises but law not specific. • Myra feels that a list that described some of the myths about housing rights and issues would be a help. She also mentioned that tenants do contribute to deteriorated housing conditions . As for successfully resolving problems , Myra pointed out that being "successful" might only mean getting an evicted client another months stay. Also, many people do not meet eligibility for legal services , yet cannot afford an attorney. Myra also feels that the issue of an increased vacancy rate is of little consequence to her clientele. Apartments in the higher brackets are not affordable anyway, even at a reduced rate. Myra also referred to the problems faced by mobile home owners . If they have difficulties in one park and are forced to move some of the older trailers won't be allowed in other parks . Other bits of info- pogo parcel was considered for mutual housing, info about block grants check with Planning Dept. NLS is actually a branch office for Elmira, serving Tompkins and Tioga Counties . Interview with Carol Mallison - Ithaca Neighborhood Housing Services INHS does rehab work on deteriorated buildings in Northside, Southside and Westhill . INHS buys up the properties , fixes them and sells them. (They have come under fire for not having longer terms for retention as not for profit housing, housing can be sold off for speculative purposes , thereby removing it as subsidized housing and losing the public' s investment. ) Previously funding came from federal gov't, then in the form of block grants to the states and localities . Carol also mentioned HUD, Housing Trust, private development. There is some local money. DHCR is the state program that really handles funding. INHS has instituted a "recapture clause on their housing and also a cap on profits to remedy aforesaid problem. INHS also has a lending program for downpayments and rehabs for private individuals . Carol is in charge of the rental program at INHS. INHS has 65 units which they rent to low-income people, using sect 8 guidelines . IHNS first started renting properties in 1982 . Properties have been rehabbed and become part of rental market, with some units being rented at market rates . They do not generate profit for the agency, rather INHS hopes that these units will pay for themselves without incurring any additional expenses for the agency. Prospective tenants are screened rather carefully for references and credit ratings . Security deposits are not an overriding issue, reliability is . Currently, INHS is experiencing an increase in vacancy rates of about 3%. Estimated vacancies for the city run between 5%- 15% (Probably closer to 5%) Carol maintains that although any increase in the vacancy rate has not resulted in decreased rents , she feels that tenants have more options in bargaining with lanlords over other issues and may have more choices in general . Although there does seem to be an increase in vacancies at the higher end of the market, INHS also has to contend with the fact that an increase in subsidized housing will impact their own rental program, which must compete with the market. Carol often has difficulties with her tenants , who number among the hard to house clientele. But she feels that INHS relationship with the tenants is good overall , they do not seem to have the kinds of conflicts that IHA has with Legal Services . I asked about other subsidized housing. Carol said that West Village, once the red tape was cleared may be sold to IHA. She said that this was something that the director was working on, setting up an agency to buy what should have been an expiring use property. INHS own projects are usually brought on line within a year, depending upon the extent of the renovations . On the issue of a tenants organization, Carol said that she felt that it would be a good idea, that it would be helpful for tenants to have their own sphere of influence and concern and to have some control over these issues . But she added that in her own experience with INHS it was difficult to get tenants to be active. INHS has a Tenant Review committee but she always has a problem, recruiting tenants . Other problems mentioned by Carol were the building and health codes that there can be differences between the city and county and that the city pays more attention to the problems . Possible housing oriented ideas - Seattle has a credit union related to tenants . Interview with Pat Poston - Dept of Social Services Pat has received 3 surveys , one for DSS, one for their emergency shelter unit and she is also on the Advisory Board for Tompkins County Affordable Housing. Her clientele is facing difficulties in securing affordable housing. Only 17% of the clients get sect 8 , DSS hopes to boost that to 25% next year and keep increasing it thereafter. The bulk of her clients must make do with DSS housing allowance and work with a caseworker over budgeting etc. Guidelines they use for a single person would be $217 plus heat, but actual costs would be more like $275-300 for SRO, which means that clients need to continually dip into general funds just to keep a roof over their heads . There is an ongoing need to locate DSS clients outside of the city. Another problem is that it is not illegal to refuse to rent to recipients of public assistance. Currently, the hardest to house clients are single males , there is also a growing problem with pregnant teens . There are also 45-50 families that are a cyclical problem and Pat stressed that social service intervention needs to take a "holistic" approach simply providing shelter isn' t enough. Trying to find housing for large families is virtually impossible. EOC has certain standards that need to be met before their sect 8 clients are permitted to rent a place. DSS is mot as strict, however case workers try to do home visits . . Pat generally has a couple of interns working on issues of affordable housing. New initiatives are the new shelter and a house that is being set up for pregnant teens. Other problems that are routinely encountered by DSS are that too often clients move out and double up with relatives at the first sign of a problem with a landlord, before going through � . any legal procedures . DSS ' s emergency shelter unit deals with evictions or 30 day notices . On Affordable Housing, Pat went over some of the items in their draft. On the revolving loan fund, she said that they need ed to start allocating resources . The infrastructure was a long range problems with political overtones , the education committee was working with other committees and talking to other towns . Money is coming to county via sale of heating plant. On issue of tenants Pat said that they do have a tenant filling a consumer seat, not always easy to get someone. Pat also mentioned that CHAS is replacing CHAPS and that there is a Housing Service Providers Group that meets regularly to coordinate the grant money solicitations , so that they are not all chasing after the same funds . On county level , though it seems difficult to achieve consensus on what to do, even taking a stand on a land trust has not been agreed to. Pat concluded her interview by saying that she didn't think that the problems she faced were affordable housing per se but rather just a question of making the right links and connections and having providers working in conjunction with each other. This last bit really does 't square with what she had been telling me, it may be more a matter of her trying to be positive and optimistic about a difficult job. Interview with Judy Saul - Community Dispute Resolution Center The Dispute Resolution Center is a mediation service, staffed by trained, volunteer mediators , which members of the community can use on a voluntary basis . People are usually referred to them, Small Claims Court has a regular procedure for referring potential litigants . One problem is the inherent power imbalance between landlords and tenants , landlords often refuse to submit to the process , since they have less to lose in terms of money, time from work etc. Tenants are also at a disadvantage in that leases may require tenants to pay legal fees . Only about 50% of referrals actually are put to mediation, but those that do generally are resolved. Judy feels that evryone concerned with rental needs more accurate information, especially with leases and security deposit. Again, the issue of what is clean etc comes up and that more attention should be paid to these issues at the signing of the lease. Judy feels that the creation of new housing stock has put pressure upon some landlords to fix up the older stock. But still , not enough is done with building inspections and compliance . The Dispute Resolution Center handles about 700 cases a year altogether. They have about 45 volunteers (there is a waiting list) with a good representation from the community. They do not really have students as mediators , nor do they serve the student population per se. Interview with Mary Louise Battisti - Ithaca Housing Authority Mary Louise is the director of an agency that is comprised of 70 apartments for handicapped, elderly and 165 apartments for seniors at Titus Towers ( I , II ) IHA also operates 70 units at the Northside development on Hector Street. There are also 26 family units at Southview and 10 at Overlook Terrace. Additionally, IHA in conjunction with EOC handles sect 8 housing 417 in all . Sixty percent of sect 8 are DSS recipients and there is a mix a large and small landlords that rent to them 224 in all . I asked about landlords refusal to rent to p. a. recipients , Mary Louise responded that the sect 8 is usually not a problem that the landlords know IHA and that very few people can't find housing within 60 days. IHA does their own housing inspections , to insure the quality of the housing and will hold up a check, if necessary, til housing meets their standards . Upon receiving a voucher, IHA can refer clients to certain landlords prior to inspection. In sect 8 there are 188 certificates , in which HUD gives an estimated fair market rent and the client pays no more than that. With the vouchers , the fair market rents can be exceeded and the tenant can pay the difference. Security deposits are not taken care of by IHA, DSS can help out with them. Mary Louise also mentioned the problems with some area refugees. Ithaca is a sanctuary city, in the past there have been a number of Southeast Asians , also Russians from the Ukraine and there is talk of having some Tibetan refugees come to the area. With regard to public housing it can be difficult to ascertain who are actually family members who originally leased premises, they cannot simply be turned over to other family members. The refugees don't always understand this and the local people get resentful of what they consider to be preferential treatment. I asked about the West Village project. Mary Louise explained that it had been under the 236 program, with a limited partnership. There were actually more partners and since they had defaulted they had accepted a flexible subsidy and thus were not entitled to sell or turn it over after 20 years . Now it needs to be maintained for 40 years and IHA is negotiating to acquire it to keep it in the public domain. Mary Louise also mentioned the problem with INHS, that they should have had restrictive deeds to prevent housing from passing out of non-profit use. She also said that IHA was buying property to house pregnant teens . Their providers group is also working with BOCES and a daycare center, so that the teens can attend school . Mary Louise also referred to CHAS, saying that it will have a big impact upon housing and that housing authorities will have to list all their programs in order to obtain funding. I asked about a tenants organization and she told me that under the Langley Act, two tenants would be elected to serve on their board of directors. In Titus Towers the seniors have a tenants organization, but she says there has not been enough interest in the family units . She also pointed out that the Ithaca Rental Housing Commission had an IHA tenant on it but that person had resigned. She stated that she personally believes that it is a good idea, that it would be a help in pushing for more programs , but that it is difficult to attract people. Interview with Marge Olds - City Court Judge Judge Olds first discussed the problem with mutual housing. She explained that Northside, her neighborhood contained 90% of the low-income housing in the city. That the parcel of land owned by the city (the pogo parcel? ) was proposed for a site for mutual housing but that the city, via the common council had been reluctant to take on such an activist role in housing. Marge is also involved with the county' s advisory board and had worked on a committee to set up a revolving loan fund of $100, 000 , which could be used as downpayments for housing. There is evidently a similiar plan im Charlottesville . She noted yhat Mark, who is also on both the board and the IRHC had voted against this use of funds . Instead, his area of concern was the deregulation of infrastructure, loosening restrictions on sewage? etc. She also mentioned that the county can't do housing, I need to follow up on this apropo some of the issues discussed at the Syracuse conference. In terms of other city services , Marge felt that IHA sect 8 housing was not up to standard. She also felt that NLS could be more aggressive in representing clients , that often ( in defaults? ) tenants are not represented. She handles about 10 housing cases a week. Marge felt that Cornell ' s legal aid did a better job at representing people and also thought that the model lease that Pam used at of-campus housing was good but that she seldom sees it being used. A lot of repeat landlords end up in court(perhaps Madison laws could be used in these cases ) She also noted the problem with tenants having to pay legal fees , as a deterrent to taking legal action. Marge also noted the problems with the building dept, saying that they do not seem to have enough staff to keep up with compliance. Perhaps an increase with fees would help overall issue. She felt that they also tended to come down more on newer, smaller homeowners versus some of the larger landlords. She said that code violations can constitutes a "quasi-criminal" act and that those go before Judge Sherman at Criminal Court. She also noted that Pat Kennedy in the City Attorney' s office did a good job in representing the city in these cases . , AGENCY LISTING AMERICAN RED CROSS 201 W. Clinton St Ithaca, N. Y. 14850 Tel: ( 607 ) 273-1900 Homeless Hotline ( 24 hours ) 273-9177 Hours : 3-5 Mon-Fri Contact: Homeless Services Coordinator The Red Cross pi =v_.deti emergency overnight. ._helte?_r. It operates facilities for 16 crisis besIs as well as some rented -,..- and arranges t,.. rent motel e c y ��:..%......z L,,.� _ .`..i._;;;°; ' , -... 2�:tC..,.�3�k'""'_ The Red w' 4- Cross __ also the central .`l _ _ <itg office for_ E_C ' _ shelter. The Red Cross ' s homeless service coordinator works with case managers , which can arrange _ the provision Section� i -y 4 _ s _. of y i _ iiati . .t4 -e� _ . _ �e VC . and _ _€ s fo' 1r1- 11outreach to those `' net _=3__ into either - previous,v? two categories . T�,. Ref'. c; _ _ _ ... _'-._ _.,_o ,__eT.. 4te_; _ 1c ? pantries outot '.*s e:he_tE'rs . ATTORNEY GENERAL' S OFFICE 59-61 Court St 7th floor Binghamton, N.Y. 13901 Tel : ( 607 ) 773-7798 Hours: In Ithaca - 4th Thurs every other month 2-4pm The attorney general , - office providesmodiatHon anc" ._ ._.se. dealing with mss`- uri- jT de _ ti _.+ -ss.....: legal Ithaca City Hail on the fourth Thursday, _ f evey other month (Aug , Oct, etc) Hrom - t- -,rte c=ference room ifBETTER HOUSING FOR TOMPKINS COUNTY, INC. 122 W. Court St Ithaca, N.Y. 14850 Tel: ( 607 ) 273-2187 Hours : 8 : 30-4: 30 Mon-Fri g .i ncome , families , elderly an(' the dila led, i__ rural areas . Detter Housing al:5e provides services for home ownership assistance , . .t _ irt V_• e. aand counseling f-y home purchase for ync __ _ _ i ig _a _ a clients . _ _ gene: i. y they O.o not. yY _ . _ d,_t. a,_ ._ " _ or. y.aafy_;2�is'.i_i_I. on l_:E1'..c>`_•'>-fit'tF'.Y: t+. issues . Callers will be referred eLsewher for astance. --` : k COMMUNITY DISPUTE RESOLUTION CENTER "Y 124 The Commons - - Ithaca, N.Y. 14850 J` Tel: ( 607 ) 273-9347 Hours: 9-5 Mon-Fri Community Dispute Resolution is a r.t _ is i__. service which provides an alternative to c_stly. .:r time-consuming court. coming .rwith an agreement that satisfactory t_ all parties . ,_._ enter - . t . mediationon art basis and small y public t_ avail t.`__mse!vee. ,f this service . T7. _,fined mediator` landlord/tenant _ :7 n" r fr 1l C 1 l y s- ?'- `2 in resolving '__._ _`F � and... ;:� to +-'.._ � _.._ y � �.L'l"`C'a- _._ The Community : arrangement with the Division of is s i. ` enj Comm_.ni _y Renewal to handle problemstmolla i__.`e c,wners whore tenants trailer 'arks . Mobile homeowners shcald first call the D CR in order to have their case referrec. to Cemrsunity Dispute Resol.,ation Center. ,see .:t'j'rc nhi__ " ) COMMUNITY SUPPORT SERVICES 201 E. Green St 2nd floor Ithaca, N.Y. 14850 Tel: ( 607 ) 274-6333 Hours: 8: 30-4: 30 Mon-Fri -._ ,_nizy :Zug p_. _ ,_'r. i is ,_"sem: ,.._.. gement program 1-'__. person.`. dealing with long-term sychiatric issues . X055 primarily r_ A.to.`L'n_-.: from-..,., i- ._: F u.:.,i..::.-r 1 o service. providers ai a'_i in turn, cl ._. nTwith managing f ^ginC _s� 7 arranging 'G c_-`Z their merlical needs 'Y e ;iv__nr- ..L}_"r services . some cases , C2 may serve as the payee ...or a client ' s SocialSecurity or Veteran' s be e+.. ..#.n} - Z \. h I those ..s_+ , C S._ a : _ helps with arrangements for _._ient_. t s housing needs by signing his/her./her i easse and making g ien_w. payments out of +- ._ client ' s senefi __ . { CORNELL COOPERATIVE EXTENSION OF TOMPKINS COUNTY Consumer Helpline } {4.5 Willow Av Ithaca, N.Y. 14850 Tel : ( 607 ) 272-2292 Hours: 8: 30-5pm (winter) 8-4pm (summer) Co -n_ l Cooperative Ext.en.s ion -r;ms a consumer helpline •_. .:-'A,a _ i_er s _,_•_t _ smo,. -' i '- _._ .ti_na- ... __ --_._c and referrals for l .. ,,ti r,7 I-.y.-. r issues .. Th vic available le ._7 the s-7c-leral public and. br:-shures frcm their literat=e rash Ren.- .mart*, Tenant . i s Rights* , For Rent : A Consumer Cu'('... t CORNELL LEGAL AID CLINIC G40 Myron Taylor Hall Cornell University Ithaca, N.Y. 14853 Tel: ( 607 ) 255-4196 Hours : 8: 30-4: 30pm Mon-Fri Lega_.,. _ Aidp'. _�_._v legal services in .. _`Ti- ..�3-:. _ _.. +'. residents - Tompkins ns ^E my LegaLservices are . ' '-ty Cornell - y. l t z students } under the '.f. .. rot_ s clientsaccepted f=-- y 'jfire s en _a}i_ n. To ... _ considered for representation, must meet .tr .a t'1 i _.1 criteria. S1 i -.-a ._.'-_ interviews. ar _ conducted. .a c1ap'peintment only. The Clinic i.." unable t serve "a, a1: adv; - C- capacity. _ _: ifor persons othor-_hothan a-_ _.:-...._r clients . ._t. _:'._,.". — to other. helping agencies can be provided, where appropriate_ CORNELL OFF-CAMPUS LIFE (housing) 115B Anabel Taylor Hall Cornell University Ithaca, N.Y. 14853 Tel: ( 607 ) 255-5373 Hours: 9-12, 1-4: 30pm Mon-Fri The Off-Campus rife program provides members .f the _ .*- el l community with a variety _•f information, including listings of rental t..__.. _..,, , landlord/tenant} information Mand u J F a_�_ t=��. information on living Ithaca. Off-Campus Life providesrovides- - ._a.lv. .. -...ate -- v..� _hoe _ v includinglandlord/tenant and roommate conflicts . Off-Campus Life also maintains acomplaint file ___ landlords and has surveys o4_ housing conditions rlone onindividual , entalunit , which iss also cross -referenced with: thatunit ' sowner. A . o_. the rental._ units listed izt ; Tit. Off Ca�mp-�:s T �Lv'�` g , that 'at are located �.in the he city, • . w have _ certificate of compliance which s. issued by the City of 7 _ - } } Lti tag Department. ( *see appendix ; ) DSS - DEPARTMENT OF SOCIAL SERVICES - TOMPKINS COUNTY Housing Unit 301 Dates Drive, Biggs Bldg A Ithaca, N.Y. 14850 Tel: ( 607 ) 274-5609, 5608 Hours: 8 : 30-4: 30pm Mon-Fri __ 1F., provides ..__l La_ ..3n.. r' e7 i i `le L _.Hntl, residents . Be-�ne'_ t s provided by flSS include a housing allowance and DSS also works to secure section 8 heuzing for D,Sf, re j _._ -_ . w,_ 31S0 works with r _ landlords who are willing .. .<,_ _ t _. w-W. _ si_ :-sn__ reci7=i=t2 anj arrange.arrangeE for recipients to receive any related social service . Client" should _._d always Vii„ t - ':)8''S. when fased with _1Z„ imminent housing crisis , such as3 n eviction, as DSS will work .... try to resolve the problem. I__ some cases , e_ur i t_ deposit. funds mayalso be available i-_y '!_=-er^- :—n who are not public assistance recipients . ,44 EOC - ECONOMIC OPPORTUNITY CORP OF TOMPKINS COUNTY C. . Section 8 Housing ° •'-Y '• 301 Dates Drive, Biggs Bldg A Ithaca, N.Y. 14850 Tel: ( 607 ) 273-8816 Hours: 9-5 Mon-Fri The S_.s,.. along a ILIA , administers 1e .+ on41 h. ung for low- income f_. _liZs , disabled and elderly. �. C also has available -....1`eia i on tenants rights , _.._r__." t homes a_. _i tips on finding u_._ a a _f_ housing under section 8 . o•perates an emorgenzy zheiter for c .. .gh vulnerability client- . rtzy- are made through tne Cross . Contact .: : R L a L—. verfirst. ECIC f is one o .,_,._ .g_._-.r_c L_._a _ _ia_I.J.ni t.cl- HEA:', a heatihg assistance program. A host of other services iz available through (S.'or:-.munity Service ?r::gram. FAMILY AND CHILDREN'S SERVICES OF ITHACA 204 N. Cayuga St Ithaca, N.Y. 14850 Tel: ( 607 ) 273-7494 Hours: 9-5 Mon-Fri (answering service after 5pm) Chil`a_ _rs Services provides counseling and .r runaway teens . I :an , f, necessary, also b _me 1 ess teen-, with temporary y ho .:sing with families , i thrugn their Interlm 'r- -.am TheirCredit Counsel n g Program al,- _ offers assistance to those in need _'i help with t "an -. al ma .,fig -.,•z. -,...._ _...:ge�..sng - -n e1_. , .�nc��ding �.�'dg ' _ing FINGER LAKES INDEPENDENCE CENTER West Clinton Plaza 609 W. Clinton St Suite 112 Ithaca, N.Y. 14850 Tel: ( 607 ) 272-2433 Hours: 9-5 Mon-Fri FingerLakes . i �_ f : � _C 17enter � v _ u � a number services for people with aisah' iitir_'- . __;_luded in those ser-,—.. :es a w i a_.__ _s i _._._..1T ._ .... L>-. __. ,..,__ 7> 3taff members a :viae on-site o,ialuations and recommendations to make ._ _.id .,gs rental �-'-t , _'a _1:_zs .L'.1,-- and make ref-err l for technical financial advice for both _.nd viduals and businesses . FRIENDSHIP CENTER OF ITHACA, INC. 402 W. State St Ithaca, N.Y. 14850 Tel: ( 607 ) 273-4417 Hours: 7 : 30am-3pm Mon-Fri 9am-noon Sat-Sun a i _ - d �., _s-a �.. _ - y at... � .. � Center_ _ �� �� .1 __._..0 , .drop- in�.. _.1-.� _ l_t 1T center for the homeless and other low- income 1 ndiv.'..duai._ . The t. n'i c. - "* f-, (_ `"Y.,.f-..o .{� .... -- .e=•-.w.,:c_t L.:i'..... _ _._..._ .a. �, t >'.µ ,-.;`:t r l ..',y a number _:t other _!_cia well . HEALTH DEPARTMENT FOR TOMPKINS COUNTY ENVIRONMENTAL HEALTH 401 Dates Drive Ithaca N.Y. 14850 Tel: ( 607 ) 274-6688 Hours : 8 : 30-4: 30 Mon-Fri i:,. ;..,. - ,. .. Health �.�t�. .�._ �. _. if_i:._ -x.- _`t: } Ira ____'_ _ _ _f ds'._ in the county. They e s _ investigate public health as a•._ _i_. . Any questions or concerns about health nasards should 'se trouht to thei",- attention. _. _o e violations :re -,-_{=erred to code enforcement officers . There are no. ho'..ising codes at. the (°,ounty level . Problems related to heatelectrical wiring , fire , safety and struct=al concerns aro the responsibility of the municiality ' s enforcement. officer. The Health Dept alsoprovides information on sueh topics as septic p-ri_ a _ public HOMES, INC. (Housing Opportunities Management and Essential Services ) 408 E. State St Ithaca, N.Y. 14850 Tel: ( 607 ) 277-6155 or 272-1741 Hours: 8: 30-5pm business , 24 hr on call HOMES provides residential housing for adults with psychiatric and/or developmental disabilities and the chronically homeless . HOMES operates community residences and supervises clients in scattered-site _y ;y t HOMES provides training , assists4daily ,, +- and provides _+v1ter support services f o r i t s clients . H.O.S.T. (Housing Options for Seniors Today) - 609 W. Clinton St, Suite 109 Ithaca, N.Y. 14850 Tel : ( 607 ) 272-5484 or 272-2292 Hours: 9-4pm forHO'ST offers information and counseling over, seniors , o r s age 60 and TTt . C ; be in-tLya te_ in sharing their homes to help defray living expenses and.� helpwith it -'pke and th .,Z chores . HOST also .�l._ Ppp�s��ti__ from t _�� ?t and older w. , wieth t;. r _ 1 on the Horses` e _ order to be placed with _ i. en HOST also offer : =1i_. _ _-��{ @_���v �_� � �?' _i � l C�..1F_ ,financial w a;Inin and n=e repairs as well as other housing options , such as senior complexes es and nursing homes . HOST is a part _ f _ £ :_ CA7:: perativ E .. s i_n. HUMAN RIGHTS COMMISSION FOR TOMPKINS COUNTY 301 Dates Drive Biggs Bldg A - Room 116 ,7:- Z Ithaca N.Y. 14850 CT, s ' ` Tel: ( 607 ) 274-5305 Hours : 8 : 30-4: 30 Mon-Fri Anycounty resident. whofeels that. s/he Las been victim of discrimination as a result.. f race, color, reed national al. origin, sex, marital status - sexual preference , matter-; i ._ _ _i securing rental __ _ s _. ` __ . _ _ . contact. ' . e commission. T' E .. °, h -. _ . 7 not " 7 (2L7 . _- _a.__.__ _rd _c•fL see appendix. _ ) •f Oity Of Ithaca ..t INFORMATION AND REFERRAL FOR TOMPKINS COUNTY 313 N. Aurora St Ithaca, N.Y. 14850 ) . 3 ,,- : Tel: ( 607 ) 272-9331 '4 ' ` {" Hours: 8 : 30-5pm Mon-Fri Information an Referral is .r guide€ v._ social and h_2?:'an se,--vice .i:: Tompkins - ,-rt-�r t- f t x-, C�'t_ ._.:Yi -a arc- aid a in locating assistance for ti housing , education, transportation, legal services , public ssistance etc The Tompkins County H.._a.t,an Scrvicee� Resources Directory_y published and sold by Information and Referral . Also aTaiia. le freeCommunity ._ _- L L _✓ Guide _..._, a Guide to Volunteer Opportunities . ITHACA CITY COURT 120 E. Clinton St I ,,, /' Ithaca, N.Y. 14850 Tel : ( 607 ) 273-2263 Hours: 8-4pm Mon-Fri Both landlords and tenants may utilize Small_ Claims Court for "put,_ for damages amounting to u-' L',.o $2 , 000 . Building code violations constitute % qu ' =i __ _ _ :u . offense and are prosecuted L.'1' t...he City At.t_>rneyts Office in Criminal Court. Small __-a...,;._ court works with the - _a.u,. n u.Y' ism}.e Resolution C_`.. _ _... in trying tosettle conflicts out of (Court . Xi referral ft.rm for CDRC is issued by the clerk. If either party still wishes to pursue the matter in `.m( 7 F Claims Court an information booklet ,_,_• given to anyone filing ._. claim. ( see api:. _..__a _.' .1 l ITHACA CITY BUILDING DEPT City Hall 108 E. Green St Ithaca, N.Y. 14850 Tel : (607 ) 274-6508 Hours: 8-5pm Mon-Fri Ihe Building Dai.i,artment is responsible for issuing certificates of compliance for rental unite every 3 Ieer . This process attempts to insure. that a rental unit is kept. up to housing _."_r_.._ L _•ga.ir.a..•...i_.:,...= and prospective tenants should ask - - zee a..._ cel^r._..t._..,_a-._ before signing a lease . Please e :_otti , lack of a current.ent certificate 'Roenot necessarily moan that a 7ni t i._ unsafe . Co xplain._._ about known violations _r suspected nes .._ehoi,l,i1be brought. tothe building . ,r _•at...nt' s utten i_n. The Building Department.. has reference material available l_ _n state national < .des as well as excerpts from municipal us ingcodes . Pamphlets .- n fire sr home safety. tips are also available . ( see i'fppendi_. Y ) ITHACA CITY POLICE DEPARTMENT 120 E. Clinton St Ithaca, N.Y. 14850 Tel: ( 607 ) 272-9973 business Hours: 8-4pm Mon Fri business , 24 hours emergency The Ithaca Police De?-;t. is responsible for ..aw enforcement, whichi___-..ides criminal activity such az break-ins and burglary . The police dept. also fields complaints about noise from a particular neighbor or. neighborhood. TypicalE y, h.. se _,, i >-t` -.�-v often due loudparties and t a police department will .i. est� v-...t ' whether there i . .. violation of the. city' s 3 r i -e. ordinance . Another s_ < J 1wl7 violation _ f noise .� L .fit Check _e police ordinances.. .`.. noise due to construction. L^!r-Y!. ��. department or +',-,e building departmentrelated +1 ordinance . Pleaseremember, not every noise i.s a violation. Toot,eratin between ..... also ±" or good community relations . ITHACA CITY RENTAL HOUSING COMMISSION City Hall 108 E. Green St Ithaca, N.Y. 14850 Tel : ( 607 ) 274-6501 Hours: 8: 30-4: 30pm Mon-Fri The Ithaca Rental Housing Commission is an advisory body to the Common Council working i4e educate '.r_..0+_1-.', +`E^.i��^T;t't. and _ .'`ii.i_.a d:_ on their rights and responsibilities .. I v does community utreac__ to }e:_ n _ and conducts monthly meetings , to which C,en,ants, , landlords and human service advocates can bring up problems and Commission questions . i.:.`- ..�_^�^ilis._1._•:: :..i...'" does research on issues of affordable housing and the. availability. ..:}f it in the Ithaca area. The. Commission appointive body with members representing r y a✓. _lr..t:l t.� , landlords n and community. agencies ITHACA COLLEGE RESIDENTIAL LIFE Ithaca College East Tower Lobby 953 Danby Rd Ithaca, N.Y. 14850 Tel: ( 607 ) 274-3141 Hours: 8 : 30-5 Mon-Fri 7he e--;en t .,.._ ..._fF` «.__ - maintains t_i'ins =1 listing available re nta_ -,1-1-; 1—z: . They 7,17,o provide u. guidebook for off- campus . for students . However .- other a,-iv counseling services are provided . ITHACA HOUSING AUTHORITY 800 S. Plain St Ithaca, N.Y. 14850 Tel : (607 ) 273-8629 TDD: 273-9472 Hours : 8 : 30-4: 30pm Mon-Fri Ithaca _ __ _ . r _ _ _ alg Authority is the administrative .. a : responsible for public. housing in the City of Ithaca. It -—- — orate--; the Titus 7,7we-r--; buildings for elderly and handicapped. It also administers public housing for low-income residents . IHA is one of two agencies which handle'; Section 8 housing for the Ithaca area. IHA maintains a list of landlords that accept Sec . e certificates and vouchers that are issued to low- income renters . It is then the ',-espensisi4t7 of the holder ef the seutificate to locate a residence . After a rental unit is located, an inspection .-, done 7-_. in.:--ore that the unit e!emple--. with see . andard . ITHACA NEIGHBORHOOD HOUSING SERVICES Rental Program 520 W. Green St Ithaca, N.Y. 14850 Tel: ( 607 ) 277-4500 Hours: 9-5 Mon-Fri The Rental P7-orarn at INH(7, irovi.des affordable rental hous'n for ,.- ty resdents with low and moderate incomes . Prospective tenant,,, must apply with TNI-L:- and have a go,-,d credit rating and references . A Screening process including a home v- it is also requred before tenant are given final approval . 7he Rental progra ' just one part of Ttflf7a Neic4thborhood Housing Services . INHS also acquires condemned or dilapidated houng '-,tock, rehabilitates it :- 1-,,-; sells the properties to low- income residents who ordinarily could not afferd a home. INHS provides financial services and home ownership services for low--income- home owners and buyers . ITHACA TOWN BUILDING AND ZONING DEPARTMENT Town Hall 126 E. Seneca St Ithaca, N.Y. 14850 Tel : ( 607 ) 273-1747 Hours: 8-4 Mon-Fri 71 -. wn funding and Zoning Department is responsible for enforcing the Town Zoning Ordinance ( including occupancy segulations ) building and fire codes , property maintenance and noise o -din;:4nces . The department also performs life safety inspections on commercial and institutional properties , and on mTaltil.)le dwellings containing three or more unit-q . Tt also issues certificates of occupancy upon request for any. building upon successful completion of compliance inspection. _, -( MUTUAL HOUSING ASSOCIATION OF TOMPKINS COUNTY :. 520 W. Green St Ipi) .. ,, Ithaca, N.Y. 14850 Tel : ( 607 ) 277-4500 Hours: 9-5pm Mon-Fri The Mutual Housing A of Tompkins County. is a private , non-profit corporation that was created to develop, own and manage new and enisting affordabe housing in the interests of the Ithaca community. MHATC is composed of residents , representatives fres: the municipal government and business and 0 ;. ileaders . Residents tc. _ a majority voice m _ . all decison :n• actions taken by the MHA.TC . 7 M a _.asC �._ siag a a concept t.r �. _aily a,dre_ses the housi. : neec',s of low and moderato incomehouseholds whose option-, for affordable housing are limited. MuE. _i,s:..... housing is neither traditional homeownership nor t",_'at._onc?. rental o'...,.,ing f rather it is membership in an organisationwhich promoteslong-term occupancy , c,ontinued affordability and the security of tenure t its residents . NEIGHBORHOOD LEGAL SERVICES, INC. (CHEMUNG COUNTY) 215 N. Cayuga St DeWitt Bldg Ithaca N.Y. 14850 Tel : ( 607 ) 273-3666 Hours: 8: 30-12: 30, 1: 30-4: 30 Mon-Fri NLS provides legal assistance to low-income residents of Tompkins and Ti ga counties . Low- income -s defined as not more taca _25 ofpoverty ` ideli: es of the relevant family size of a w prospective..� ..+ .'17:-. doe-•; _-•; handle ' l . o`? i+ a_:... . . - _ ti�' em s _has eviction , brt doe not deal with security deposit problems , i, refers icople with those_ _ _>_ :m:_ to small claims court. NLS also refers clients to other appropriate a agencies onsuch as DSS or building or health departments and makes available ' - Claims i -. �.'✓... _.. _ . , tenant' s -....�_a t_ .-._ _.....1. _L a ui._. �i�C ia.'.:;i - _`Swr . � 1L` appendices 7 , .J . NYSEG (NEW YORK STATE ELECTRIC AND GAS) P O Box 287 Ithaca, N.Y. 14851 Tel: ( 607 ) 347-4142 for customer service ( 607 ) 347-4131 for 24 hour emergency service Hours: 9-4: 30 Mon-Fri Contact: Customer service _ �: t ,_ l -a. t ..s_ t ome - s; te v i�a _ a i . can. assist renters ent in � _g up _ terminating ,-..t . J : e and handling i1 -Alem-, about bills . They _....ti _ .._.vtom' _1 consumer representative which may Handl such problems as improper termination__ _.f service and investigators , which can check to see if there any improper diversion .f utility service . Prvi'e . ( .i..+`. . tenant '_7aViI='g service. f t.i r common areas on his/her _ i ) Ren ter may contact NY EC 1-,-) get informationon a, ,-ental 1 'r FF..?' vagL.> u .i.a�tY -�.......,c , to help �...G-.>rr, a_ l..L,•...ar+5�..ta ,_.:1._ actual ceot rental "' r.,, a +. H,`r Renters .-,,i.e....�.. always a,.'r�-'cnge •_.o start up and _ a.. _ateservice , instead f relying y,.__a the .andl _rd. When Vic.. : ov _: u out of _ unit, TLrtnr. 3oid always make sure that NYSEG h',.,. access to the mate' to insure that the * incl hill P ....,._ The w ,zenoy number should be used i.f se,-vico has lap.7e-H' c.,- _.tt_'i'e iz a gas _:,t..._r or if renters need to start up service during glO AGENCY LISTING AMERICAN RED CROSS 201 W. Clinton St Ithaca, N. Y. 14850 Tel: (50 7) 273-1900 Homeless Hotline (24 hours) 273-9177 Hours: 3-5 Mon-Fri Contact: Homeless Services Coordinator The Red Cross provides emergency overnight shelter and case management for the homeless. A'T"TORNE Y GENERAL'S OFFICE 59-61 Court St 7th floor Binghamton, N.Y. 13901 Tel: (60 7) 773-7798 7377 Hours: In Ithaca - 4th Thurs every other month 2-4pm Contact: any staffperson The attorney general's office provides mediation and counseling for consumers, including landlord/tenant problems and cases dealing with security deposit issues. A legal representative from the attorney general's office is at the Ithaca City Hall on the fourth Thursday of ever other month Aug, Oct, etc) from 2-4pm in the th floor conference room . BETTER HOUSING FOR TOMPKINS COUNTY .INC. 122 W. Court St Ithaca, N.Y. 14850 Tel: (b0 7) 273-2187 Hours: 8:30-4:30 Mon-Fri Contact: Office Manager, Executive Director Better Housing operates affordable rental units for low- income, families, elderly and the disabled, in rural areas. Better Housing also provides services for home ownership assistance, home improvement and counseling for home purchase for income-eligible clients. In general, they do not provide advice or information on landlord/tenant issues. Callers will be referred elsewhere for assistance. COMMUNITY DISPUTE RESOLUTION CENTER 124 The Commons Ithaca, N.Y. 14850 Tel: (b07) 273-9347 Hours: 9-5 Mon-Fri Community Dispute Resolution is a mediation service which provides an alternative to costly or time-consuming court procedure. Mediation is a cooperative problem solving process in coming up with an agreement that is satisfactory to all parties. Participants enter into mediation on a voluntary basis and Small Claims Court has set up a referral system to encourage the public to avail themselves of this service. Trained mediators are experienced in handling a variety of disputes, including landlord/tenant issues and are generally successful in resolving conflicts. The Community Dispute Resolution Center also has an arrangement with the Division of Housing and Community Renewal to handle problems of mobile home owners who are tenants in trailer parks. Mobile homeowners should first call the DHCR in order to have their case referred to Community Dispute Resolution Center. (see appendix) CORNELL COOPERATIVE EXTENSION OF TOMPKINS COUNTY Consumer Helpline 15 Wlliow Av Ithaca, N. Y . 14850 Tell: (60 7) 272-2292 Hours: 8:30-5pm (winter) 8-4pm (summer) Cornell Cooperative Extension runs a consumer helpline and offers information, educational materials and referrals for landlord/tenant issues. Their services are available to the general public and brochures from their literature rack include: Rent Smartri, Tenant's Rights*, For Rent: A Consumer Guide to Rental Housing, Apartment Inspection and Conserve Energy in Your Apartment. (nsee appendix) CORNELL LEGAL AID 640 Myron Taylor Ha'l'l Cornell University Ithaca, N.Y. 14853 Tel: (60 7) 255-419b Hours: 8:3u-4:3upm Mon-Fri Cornell Legal Aid provides legal assistance for low-income residents of Tompkins County. They do not serve in an advisory capacity persons other than their clients. CORNELL OFF-CAMPUS LIFE (housing) 115B Anabel Taylor Hall Cornell University Ithaca, N.Y. 14853 Tel: (60 7) 355-5373 Hours: 9-12, i-4: 3upm Mon-Fri The Off-Campus Life program provides members of the Cornell community with a variety of information, including listings of rental units, landlord/tenant information and general information on living in Ithaca. Off-Campus Life provides counseling for those experiencing rental related problems, including landlord/tenant and roommate conflicts. Off-Campus Life also maintains a complaint file on landlords and has surveys of housing conditions done on individual rental units, which is also cross-referenced with that unit's owner. All of the rental units listed with Off-Campus Housing, that are located in the city, must have a certificate of compliance A which is issued by the City of It laca's Building Department. (Asee appendix) DSS - DEPARTMENT OF SOCIAL SERVICES - T'OMPKINS COUNTY Housing Unit 3u1 Dates Drive, Biggs Bldg A Ithaca, N.Y. 14850 Tel: (607) 274-5609, 5608 Hours: 8:30-4:30pm Mon-Fri DSS provides public assistance for eligible county residents. benefits provided by DSS include a housing allowance and Lass also works to secure section 8 housing for DSS recipients. DES also works with area landlords who are willing to rent to public assistance recipients and arranges for recipients to receive any related social service. Clients should always contact DES when faced with an imminent housing crisis, such as an eviction. In some cases, security deposit funds may also be available for persons who are not public assitance recpients. EOC - ECONOMIC OPPORTUNITY CORP OF TOMPKINS COUNTY 301 Dates Drlve, Biggs Bldg H Ithaca, N.Y. 14850 Tei: (607 ) 273-8816 Hours: 9-5 Mon-Fri The EOC, along with IHA, also administers section r housing for low-income tenants. EOC also administers HEAP which is a heating assistance program and has available materials on tenants rights, mobile homes and tips on finding adequate housing under section 8. FAMILY AND CHILDREN'S SERVICES OF ITHAC H 204 N. Cayuga St Ithaca, N.Y. 14850 Tel: (607) 273-7494 Family and Childrens Services assists both pregnant women in finding housing and provides homeless teens with temporary housing with families. Their Credit Counseling Program also offers assistance to those in need of help with financial management and budgeting concerns, related to housing. FINGER LAKES INDEPENDENCE CENTER West Clinton Plaza 609 W. Clinton St Suite 112 Ithaca, N.Y. 14850 Tel: (607) 272-2433 Hours: 9-5 Mon-Fri Finger Lakes Independence Center provides a number of services for people with disabilities. Included in those services are accessibiiiy consultation. Staff members can provide on-site evaluations and recommendations to make buildings including rental property, accessible and make referrals for technical and financial advice for both individuals and businesses. FRIENDSHIP CENTER OF IT'HACA, INC. 138 W. State St Ithaca, N.Y. 14850 Tel: (607) 373-4417 Hours: 7:30am-3pm Mon-Fri gam-noon Sat-Sun The Friendship Center is a daytime, drop-in hospitality center for the homeless and other low-income individuals. The Friendship Center offers information, counseling and referral for a number of other social services as well. HEALTH DEPARTMENT FOR T'ONIPKINS COUNTY 401 Dates Drive Ithaca N.Y. 14850 re!: (b07) 274-bb88 Hours: 8:30-4:30 Mon-Fri The Tompkins County Health Dept is responsible for enforcing health codes in the county. Any suspected violation or questions should be brought to their attention. Building code violations are referred to code enforcement officers. The Health Dept also makes available a number of informational pamphlets on such topics as septic tanks, lead paint, radon gas and pests. HOMES, INC. (Housing Opportunities Management and Essential Services) 408 E. state St Ithaca, N.Y. 14850 Tel: (607) 277-6155 or 272-1741 Hours: 8:30-5pm business, 24 hr on call HOMES provides residential housing for adults with psychiatric and/or developmental disabilities and the chronically homeless. HOMES operates community residences and supervises clients in scattered-site apartments. HOMES provides training, assists with daily living skills and provides other support services for its clients. H.O.S.T. (Housing Options for Seniors Today) b09 W. Clinton St, Suite 109 Ithaca, N.Y. 14850 Tel: (607) 272-5484 Hours: 9-4pm HOST offers information and counseling for seniors, age 60 and over, who may be interested in sharing their homes to help defray living expenses and to help with upkeep and other chores. HOST also takes application from those 21 and older who wish to be on the Homeseekers list in order to be placed with a senior citizen. HOST also offers seniors referrals for personal care, financial planning and home repairs as well as other housing options, such as senior complexes and nursing homes. HOST is a part of Cornell Cooperative Extension. HUMAN RIGHTS COMMISSION FOR TOMPKINS COUNTY 301 Dates Drive Biggs Bldg A Ithaca N.Y. 14850 Tel: (60 7) 274-5305 Hours: 8:30-4:30 Mon-Fri The Human Rights Commission handles discrimination cases. Any county resident who feels that s/he has been a victim of discrimination in matters including securing rental housing should contact the commission. Please note that it is not illegal for landlords to refuse to rent to persons receiving public assistance. (A copy or the City Of Ithaca's Fair Housing pamphlet is included in the appendix) INFORMATION AND :Ct;t't;KRAL FUR 'TOI`IIPISINS COUNTY 313 N. Aurora St Ithaca, N.Y. 144850 Tel: (6U 7) 272-9331 Hours: 8:30-5pm Mon-Fri Information and Referral is a guide to social and human services in Tompkins County. Staff and volunteers aid callers in locating assistance for health services, housing, education, transportation, legal services, public assistance, etc . The Tompkins County Human Services Resources Directory is published and sold by Information and Referral. Also available is a free Community Services Guide and a Guide to Volunteer Opportunities. I'1'HAL A CITY COURT 120 E. Clinton St Ithaca, N.Y. 14850 Tel: (607) 273-2263 Hours: 8-4pm Mon-Fri Both landlords and tenants may utilize Small Claims Court for disputes for damages amounting to up to $2,000 . Building code violations constitute a quasi-criminal offense and are handled in criminal court. Small Claims court works with the Community Dispute Resolution Center in trying to settle conflicts out of court. A referral form for CDRC is issued by the clerk. If either party still wishes to pursue the matter in Small Claims Court, an information booklet is given to anyone filing a claim. (see appendix) Il'HACA CITY BUILDING DEPT City Hall 108 E. Green St Ithaca, N.Y. 14850 Tel: (607) 2144-5508 Hours: 8-5pm Mon-Fri The Building Department is responsible for issuing certificates of compliance for rental units every 3 years. This process attempts to insure that a rental unit is kept up to housing code regulations and prospective tenants should ask to see the certificate before signing a lease. Please note, lack of a current certificate does not necessarily mean that a unit is unsafe. Complaints about known violations or suspected ones should be brought to the Building Department's attention. The Building Department has reference material available on state and national codes as well as excerpts from municipal housing codes. Pamphlets on fire and other home safety tips are also available. (see appendix) ITHACA CITY RENTAL HOUSING COMMISSION City Hall 108 E. Green St Ithaca, N. Y . 14850 Tel: (607) 274-6501 Hours: 8:3u-4:3upm Mon-Fri The Ithaca Rental Housing Commission is an advisory body to the Common Council working to educate both tenants and landlords on their rights and responsibilities. It does community outreach to tenants and conducts monthly meetings, to which tenants, landlords and human service advocates can bring up problems and questions. The Commission also does research on issues of affordable housing and the availability of it in the Ithaca area. The Commission is an appointive body with members representing tenants, landlords and community agencies . ITHACA COLLEGE RESIDENTIAL LIFE Ithaca College Hail Ithaca, N.Y. 14850 Tel: Hours: The Residential Life office maintains a listing of available rental units . However, no other counseling or landlord/tenant information is made available. ITHACA HOUSING AUT'HORIT'Y 300 S. Plain St Ithaca, N. Y . 14850 'T'el: (607) 273-8629 Hours: 8: 30-4: 30pm Mon-Fri Ithaca Housing Authority is the administrative unit responsible for public housing in the City of Ithaca. It operates the Titus Towers buildings for elderly and handicapped. It also administers public housing for low-income residents. IHA is one of two agencies which handles Section 8 housing for the Ithaca area. IHA maintains a list of landlords that accept Sec. 8 certificates and vouchers that are issued to low-income renters. It is then the responsibility of the holder of the certificate to locate a residence. After a rental unit is located, an inspection is done to insure that the unit complies with sec. 8 standards . ITHACA NEIGHBORHOOD HOUSING SERVICES Rental Program 520 W. Green St Ithaca, N.Y. 14850 Tel: (607) 277-4500 Hours: 9-5 Mon-Fri The Rental Program at INNS provides affordable rental housing for city residents with low and moderate incomes. Prospective tenants must apply with INHS and have a good credit rating and references. A screening process including a home visit is also required before tenants are given final approval. The Rental program is lust one part of Ithaca Neighborhood Housing Services. INNS also acquires condemned or dilapidated housing stock, rehabilitates it and sells the properties to low- income residents who ordinarily could not afford a home. INNS provides financial services and home ownership services for low-income home owners and buyers. NEIGHBORHOOD LEGAL SERVICES, INC:. (C:H iMUNG COUNTY) 215 N. Cayuga St Dewitt Bldg Ithaca N. Y . 141550 Tel: (607) 273-3666 Hours: 8:30-12:30, 1:30-4:30 Mon-Fri NLS provides legal assistance to low-income residents of Tompkins and Tioga counties. Low-income is defined as not more tnan 125% of poverty guidelines of the relevant family size of a prospective client. NLS does handle landlord/tenant problems, such as evictions, but does not deal with security deposit problems, it refers people with those problems to small claims court. NLS also refers clients to other appropriate agencies such as DSS or building or health departments and makes available booklets on tenant's rights and on using Small Claims Court. (see appendix) NYSEG (NEW YORK STATE ELECTRIC AND GAS) Y O Box Ithaca, N.Y. 14850 Tel: (607) 347-4142 for customer service (b0/) 341-4131 for 24 hour emergency service Hours: 9-4:30 Contact: Customer service NYSEG has a customer service which can assist renters in setting up or terminating service and handling problems about bills. They also have a consumer representative which may handle such problems as improper termination of service and investigators, which can check to see if there is any improper diversion of utility service. (i.e. tenant having service for common areas on his/her bili) Renters may contact NYSEG to get information on a rental units average utility bills, to help them determine the actual cost of a rental unit. Renters should always arrange to start up and terminate service, instead of relying upon the landlord. When moving out of a unit, renters should always make sure that NYSEG has access to the meter, to insure that the final bili is correct. The emergency number should be used if service has lapsed or there is a gas odor or if renters need to start up service during off-hours. SHERIFF - 'i'OMPKINS COUNTY iii Waren Rd Ithaca N. Y . 14$50 Tel: 251-1345 business, 212-2444 emergencies only Hours: 24hr The Tompkins County Sheriff is the enforcement officer for evictions in Tompkins County. Evictions only occur after a landlord has gone to court and the judge has issued a warrant for eviction. Landlords cannot carry out evictions themselves i They must first go through the legal process. 'inc Sheriff's Office also handles complaints about noise for residents in the Town of Ithaca, that do not live within the City or within some other jurisdiction. (i.e. Cayuga Heights) Callers can find out information About noise ordinances, where applicable and also be referred to the appropraite police department, if necessary. TASK FORCE FOR BA.TTEKED WOMEN Of 'TUMPKINS COUN'T'Y P.U.BOX 164 Ithaca, N. Y . 14850 'T'el: (607) 277-3203 'Inc 'Task Force for Battered Women provides information and referral for women in need of housing, as well as emergency shelter. TEEN PREGNANCY AND PARENTING PROGRAM (TP3) 609 W. Clinton St Ithaca, N . Y . 14850 Tel: (607) 273-1055 Hours: 9-4:30 Mon-Fri Teen Pregnancy and Parenting works with pregnant and parenting teens up to age 21. They offer a number of services including counseling, intervention and referrals to other agencies. Pregnant and Parenting Teens provides assistance in trying to secure housing and will accompany teens in looking at apartments and also maintains a list of landlords that are willing to rent to public assistance recipients. WOMEN'S COMMUNITY BUILDING 100 W. Seneca St Ithaca, N.Y. 14850 Tel: (607) 272-1247 Hours: 9-5 Mon-Fri also eve hours The Womens Community Building provides low-cost housing for women in transition. The Women's Community Building also offers a number of other services for women. Fo r dscu $sr: oti - a4— stair a., e ( /Z MEMORANDUM To: Rental Housing Commission Date: November 14, 1991 From: Policy Committee Subj. : Proposed Resolution to City Council 1. Finding: There is a serious housing problem in Ithaca affecting rental housing: a) the ratio of median rents to median income increased markedly from the 1980 to 1990 census, and was consistently higher than the state average and all surrounding counties; b) A meeting with renters (Renters Speak-Out, July 1991 ) indicated widespread concern on the part of renters; c) Testimony before the Commission has indicated a high level of renter- landlord conflict in the city -- on the order of 600 cases per year in city court and in small claims court; with return of security deposits a major issue. 2. Therefore, the Rental Housing Commission proposes the following actions by City Council: a) Rental Housing Officer. The city should establish the position of Rental Housing Officer, for the purposes of: 1- Public outreach. Arrange meetings of the Commission or other city officials within neighborhood places, like the recent Renters' Speak- Out; 2- Provide current information on rental unit availability, pricing and conditions, for purposes of periodic assessment by the Commission and other public bodies. 3- Encourage more widespread information to tenants and landlords as to rights and responsibilities, and availability of recourse in the case of disputes, including mediation services and other steps short of legal action. 4- Liase with the Planning and Development Committee, Housing Providers Committee and other agencies and units. • b) Financing. The Rental Housing Officer and associated expenses should be paid for out of a separate annual fee on rental units; use could be made of the Building Department's computerized fee-billing facilities; $12 per year per rental unit, applied to Ithaca's approximately 7000 rental units would pay $84,000 toward salary, benefits, and office expenses. The fees would be dedicated to the purposes of the rental housing office. c) Annual Housing Census. The city should mandate an annual housing census based on a statistically relevant sample on the supply, condition and cost of housing, including rental housing. $1.00 of every fee collected as in 1-b above is allocated to the Annual Housing Census: to carry it out, analyze its data, and report its results to the Rental Housing Commission and the City Council. d) Security Deposits. The city should establish enhanced security deposit regulation, within the constraints of state enabling legislation. Steps recommended by the Commission include: 1) Specify that security deposits may not exceed one month's rent; may not be used by the tenant as the last month's rent unless agreed in the lease; owner must display a certificate of compliance. 2) No other payment or deposit beyond the first month's rent and the security deposit may be required as a condition of rental. 3) The property owner and tenant shall follow a written check-in and check-out procedure: a- Upon receipt of the deposit, the owner furnishes a written check- list in a standard form provided by the city, including an itemized description of any damages or defects, including those for which deductions from the previous tenant's security deposit were made. There should also be a place for both owner and tenant to sign, indicating approval of the check-in information. A dated, signed copy shall be retained by both parties for purposes of assisting in the resolution of the deposit situation at the end of the lease. b- The tenant has seven days after the beginning of tenancy for the inspection and notification, i.e. final approval of the check-in form. c- At the end of tenancy, the owner provides a check-out form comparable to check-in forms, containing a clear place for the tenant's forwarding address, and for both to sign. d- The owner who has accepted a security deposit must, after termination of tenancy, provide to the tenant within 15 days either in person or by mail, either: ( 1) the full security deposit; or (2) an itemized statement showing the reasons for withholding all or part of the deposit, receipts and estimates. e- Disagreements between owner and tenant pertaining to items covered in section 2-d are to be referred to mediation; owner must go through such procedure if requested. 5) It is the owner's burden to prove compliance with the provisions. of section (2-d), or forfeits right to the security deposit. 6) If the owner fails to provide the items or comply with the procedures required of the owner in section 2 (d) above, and does not return the deposit within 15 days of the end of tenancy, the tenant may recover the money due together with damages up to twice the amount wrongfully withheld and reasonable attorney's fees. .cMEMORANDUM To: Rental Housing Commission Date: July 18, 1991 From: Pierre Clavel Subj. : Rental Housing Costs vs. Incomes In view of questions about the claims of a rental housing affordability problem here, I got some income and rent figures for 1980 and 1990, for the state, Tompkins and surrounding counties. Original data are from the Tompkins County Planning Department, which got them from the Census and the NYS Department of Labor. The figures below are derived from theirs by me, including the ratios in the last two columns: Avg. Annual Wages Median Annual Rent Med. rent/ wages • 1980 1990 1980 1990 1980 1990 NY State 15704 33666 2520 5136 . 16 .15 Broome 13884 22825 2100 3996 .15 .18 Cayuga 12792 17583 1920 3696 .15 .21 Chemung 12884 18385 1968 3492 .15 .19 Cortland 11388 18372 1968 3852 .17 .21 Onondaga 14768 23368 2220 4512 .15 .19 Schuyler 12012 17322 1848 3180 .15 .18 Seneca 14040 20216 2016 369E .14 .18 Tioga 17264 28173 1884 36( .11 .13 Tompkins 12272 22084 2508 511_ .20 .23 These are estimates, but if anything they overstate renter incomes, and understate rents: Census reported "median gross rent" in 1980, and "median contract rent" in 1990; the former includes, the latter often excludes utilities. The "incomes" figure is weekly wages paid by ccur.ty employers, divided by workers on payrolls of these same employers, times 52. Since it is a wages figure, it tends to exclude students. It excludes dividends, interest, and rental incomes, but seems a better figure for renters. In any event, if you use "median family income" instead of "average annual wages" the figures for Tompkins County show an even greater disparity over time: 18790 30200 2508 5112 .13 .17 Certainly one can massage the data further, but meantime I pass these on for us to consider. BURLINGTON CODE 4 18.26 (C) Costs shall include all reasonable costs of relocation of the displaced person or persons,including,but not limited to,moving expenses, required rental and security deposits, and required utility deposits. (d) If the owner fails to pay the relocation costs within three(3) business days from the date of receipt of the notice of the costs or the date of posting of the costs,whichever is earliest,the depart- ment shall pay such costs and the costs and charges incurred shall constitute a lien upon the land upon which the dwelling or dwelling unit is situated, and shall be enforced within the time and in the manner ; ovided for the collection of taxes on land. . (Ord.of 8-4-86) .• Sec. 18.28. Apartment inspection fee. * •s(a) An inspection fee shall be charged to the owner of every nspecU S rental unit in the city that is subject to periodic inspections pursuant to Section 18-18 of this chapter. This fee shall be in an . . ' • ' • amount determined by and dedicated solely to the cost of provid- ing rental housing inspection services, clerical, administrative . • . • . • •and mediation support services for the housing board of review . • -as. and.landlord/tenant 41..4 shall be in the amount of nineteen dollars ($19.00) per unit per )4f40361/ year, except that the initial inspection fee for dormitory rooms f7! t/ I'LJocu .. shall'be in the amount of thirteen dollars ($13.00) per unit per year. Any surplus remaining in this fund at the end of a fiscal year shall remain part of the fund and shall be carried forward to • the next fiscal year.This fee shall be reviewed every three years ' by the finance board.Any change in the fee must be approved by • the city council, except that portion of the fee dedicated to cleri- cal, administrative and support services for the housing board of review and landlord/tenant resource services shall sunset three • (3)years following the enactment hereof unless specifically reau- thorized by the city council. • • (b) Every owner of a rental unit subject to periodic inspections shall pay the inspection fee required by this section to the city treasurer on or before April 1,1988,and on or before April first of each year thereafter. The owner of a newly constructed rental unit that is subject to periodic inspections as required in Section 18-18,or of property converted to such use,shall not be obligated Supp.No.48 1208 • !18-26 HOUSLKG 1 18-26 to pay the inspection fee required by this section for a minimum of twenty-four(24)months following the issuance of a certificate of occupancy for such unit and until the first of April immedi- ately following such twenty-four-month period. (c) A rental unit for which an inspection fee as required in this section has not been paid shall be in violation of the Burlington Minimum Housing Ordinance and subject to the penalties set forth herein. In addition, if the treasurer determines that a per- • son has failed to pay the inspection fee due under this section,the • treasurer shall mail to such person a statement showing the balance due and shall add thereto interest at a rate of twelve(12) per cent per year from the due date until the date of payment. The charges levied in this chapter shall constitute a lien upon the property on which the rental unit is situated and may be enforced within the time and manner provided for the collection of taxes . • on property. . • (d) A rental unit shall be exempt from the inspection fees • required herein if (1) That unit is currently maintained as part of a nursing ACCs i facility or community care home under license from the State of Vermont;or (2) That unit meets all three(3)of the following tests: a. The unit is currently maintained as "affordable" hous- ing for "low-income" or "very low-income" households, • as these terms are currently defined by the Section 8 Program of the U.S.Department of Housing and Urban Development; and b. The unit is currently maintained as "affordable" hous- ing for"low-income"or"very low-income"households using public subsidies provided by federal, state or municipal government(s); and • • c. The unit is currently owned by a municipal corpora- tion or a 501(cX3) tax-exempt, nonprofit corporation whose purpose is creating or preserving affordable hous- ing for low-income or very low-income households; (3) That unit is the owner-occupied portion of a rental. unit • which is subject to periodic inspections pursuant to Section 18-18 of this chapter.(Ord. of 2-1-88) j Stipp.Na 48 1208.1 fy27 BUALLNGTON CODE f 18.38 Sec. 18-27. Annual housing census. The planning department and the community and economic development office shall jointly conduct an annual housing cen- sus using a statistically relevant sample to collect significant data on the supply, condition and cost of housing in the City of Burlington. No citizen will be compelled to participate in the census;no citizen who does participate will be identified by name or address. Fifty cents ($0.50) of every inspection fee, collected pursuant to Section 18.26(a) on an annual, per-unit basis, shall ' •be used to carry out the housing census, analyze its data, and . report its results to the city council.(Ord. of 2.1-88) . • Secs. 18 28-18-34. Reserved. . 0 - DIVISION 2. HOUSING BOARD OF REVIEW H5fr146: 01 Sec. 18-35. Created. • • �� w.. There is hereby created for the city a housing board of • review. (Ord. of 3-9-71) Sec. 18-36. Composition; appointment. The housing board of review shall consist of five (5) mem- bers who shall be appointed by the board of aldermen of the city. (Ord. of 3-9-71) • Sec. 18-37. Terms. Each member of the housing board of review shall serve • for a term of five (5) years, with the exception of four (4) of the first five (5) members appointed, who shall serve terms as follows: One shall be appointed for a term of one year; • one shall be appointed for a term of two (2) years; one shall • • • be appointed for a term of three (3) years; one shall be ap- pointed for a term of four (4) years; and one shall be ap- pointed for a term of five (5) years. (Ord. of 3-9-71) • Sec. 18-38. Terms limited. • At the expiration of their terms, members of the housing board of review may be reappointed for another term or a Supp.Na 48 1208.2 �1 rneri.ote,6140.4400./Likieit i°3/ * 109 BURLINGTON CODE f 18.120 c. 18-109. Removal of required facilities prohibited. No owner or his agent or occupant shall cause any service equipment or utility required by this chaptcr to rc:: eti shut off or discontinued for any occupied dwelling let or occupied by him,except for such temporary interruption as may be necessary while actual repairs or alterations are in processor during tem- porary emergencies. Owners or their agents who are repairing, replacing or upgrading their service equipment or utilities shall . ensure that occupants have adequate notice of service interrup- tions and that such interruptions are limited to the shortest possible duration. (Ord. of 8.4.86) • Sec. 18-110. Transfer of responsibility. • • Any contract between owners and their agents, owners' agents and occupants or owners and occupants with regard to compli- ance to this article shall not relieve either party of his direct • responsibility under this chapter. (Ord. of 8-4-86) Secs. 18.111-18-119. Reserved. Sec. 18.120. Deposits. %• AfIralit4 (a) An owner may require a reasonable deposit as a conditionak, for the rental,lease or occupancy of a rental unit as a dwelling as security against damage beyond normal wear and tear to the • premises which is attributable to the tenant.The deposit may not exceed the amount of one month's rent for the unit rented, and shall be held by the owner in an interest-bearing account. This • deposit shall not be used by the tenant as the last month's rent • unless otherwise specified in a written lease agreement between the parties.No other payment or deposit beyond the first month's • rental payment and the damage deposit described in this section may be required as a condition of rental, lease or occupancy of a • rental unit as a dwelling. • (b) At the beginning of any rental arrangement, the property • owner(s) and tenants)shall prepare a list of existing damage to the premises. A dated, signed copy of such list shall be retained by both parties to the lease or rental arrangements for the pur- Stipp.No.46 1226 • • . 18.120 HOUSING F 18.120 pose of assisting in the resolution of the deposit situation at the expiration of the leasehold. (c) Upon the expiration of the term of any rental agreement or leasehold, the owner may retain all or part of the deposit plus interest for the actual cost to repair damage beyond normal wear . and tear which is attributable to the tenant in order to maintain • the condition and habitability of the unit. The owner shall give the tenant written notice of his or her intent to withhold all or part of the deposit not more than fifteen (15) days after the expiration of the leasehold. Such written notice shall indicate whether part or all of the deposit is being retained for damage to • the premises. If a refund of all or part of the deposit is appropri- ate, that refund including the interest shall be made within • • fifteen(15)days of the date that the premises are vacated. At the • time the premises are vacated,the tenant shall furnish the owner a forwarding address to enable the owner to return all or part of the deposit as required. If such address is not furnished within fifteen(15)days,the owner may retain the deposit and interest. (d) Damage beyond normal wear and tear may include the unpaid balance in a tenant's(or tenants')account at the Burling- ton Electric Department, which could result in a lien on the landlord's property. Within fifteen (15) days of the expiration of the leasehold, the tenant shall obtain (or authorize the landlord to obtain) a final accounting of the tenant's (or tenants') account with the Burlington Electric Department so that this portion of damage can be withheld if necessary. (e) A tenant, upon receiving notice of the owner's intent to • withhold any part of the deposit because of damage beyond nor- mal wear and tear to the premises, may object and request a hearing before the housing board of review for a review of the reasonableness of the owner's claim of damage to the premises. The request shall be submitted in writing by the tenant to the office of the clerk which shall immediately forward it to the chairperson of the housing board of review. Hearing shall be set • . and held by the board in the same manner as provided in Sec- tions 18-48 through 18-59 for the review of an action of a housing inspector. The board shall hold,a hearing, take evidence, and may visit the premises in question for on-site inspection. The Supp. No.46 ) • 1226.1 • • 18.120 BURLINGTON CODE F 18.200 board shall make findings and conclusions regarding the exis- tence of damage beyond normal wear and tear to the premises, the tenant's (or tenants') responsibility for those conditions, the costs of repair, and the reasonableness of the withholding. The board shall order that all, part or none of the portion of the deposit which is withheld for alleged damage be retained by the owner or returned to the tenant. The tenant shall receive all remaining deposit monies and interest beyond the cost of the damage. The board's action shall be reviewable as provided in Section 18-59. (0 An owner or a tenant may request a hearing before the • housing board of review in order to resolve other issues related to security deposits which are specifically addressed by this section. Such hearings shall be requested, set and held as provided in subsection(e)above. (g) Failure of an owner or other person to notify a tenant as provided in subsection (b) above, or to abide by an order of the housing board of review as provided in subsection (c) above, or failure of any person to otherwise comply with this section shall • constitute a violation of these minimum housing ordinances and shall be punishable as provided in Sections 18.3 and 184, and shall be considered a minimum housing violation for all applica- ble legal purposes.(Ord. of 3.10-86) Secs. 18-121-18-199. Reserved. • ARTICLE IV. HOUSING DISCRIMINATION . Aft-tt.'144a0/44;at Sec. 18-200. Purpose: �,k;11 X2/ Whereas housing discrimination adversely affects the avail- ability of housing to groups of persons who are affected by such discrimination and thereby limits the availability of safe, rani• tary, and clean housing for such persons, it is hereby declared by ' • • the city council of the City of Burlington that such discrimina- tion is contrary to the health,welfare,and safety of the citizens of the city. (Ord. of 10-9-84) • Supp. No.46 1226.2 • MEMORANDUM Rent 1191 To: Rental Housing Commission Date: November 14, 1991 From: Policy Committee Subj. : Proposed Resolution to City Council 1 . Finding: There is a serious housing problem in Ithaca affecting rental housing: a) the ratio of median rents to median income increased markedly from the 1980 to 1990 census, and was consistently higher than the state average and all surrounding counties; b) A meeting with renters (Renters Speak-Out, July 1991 ) indicated widespread concern on the part of renters; c) Testimony before the Commission has indicated a high level of renter- landlord conflict in the city -- on the order of 600 cases per year in city court and in small claims court; with return of security deposits a major issue. 2. Therefore, the Rental Housing Commission proposes the following actions by City Council: a) Rental Housing Officer. The city should establish the position of Rental Housing Officer, for the purposes of: 1- Public outreach. Arrange meetings of the Commission or other city officials within neighborhood places, like the recent Renters' Speak- Out; 2- Provide current information on rental unit availability, pricing and conditions, for purposes of periodic assessment by the Commission and other public bodies. 3- Encourage more widespread information to tenants and landlords as to rights and responsibilities, and availability of recourse in the case of disputes, including mediation services and other steps short of legal action. 4- Liase with the Planning and Development Committee, Housing Providers Committee and other agencies and units. b) Financing. The Rental Housing Officer and associated expenses should be paid for out of a separate annual fee on rental units; use could be made of the Building Department's computerized fee-billing facilities; $014 /7. per year per unit, applied to Ithaca's approximately-f000 rental units would pay $80,000 toward salary, benefits, and office expenses. The fees would be dedicated to the purposes of the rental housing office. • c) Annual Housing Census. The city should mandate an annual housing census based on a statistically relevant sample on the supply, condition and cost of housing, including rental housing. $1.00 of every fee collected as in 1-b above is allocated to the Annual Housing Census: to carry it out, analyze its data, and report its results to the Rental Housing Commission and the City Council. d) Security Deposits. The city should establish enhanced security deposit regulation, within the constraints of state enabling legislation. Steps recommended by the Commission include: a) Specify that security deposits may not exceed one month's rent; b) shall be held in an interest-beariing account c) may not be used by the tenant as the last month's rent unless agreed in the lease; d) No other payment or deposit beyond the first month's rent and the damage deposit may be required as a condition of rental, lease or occupancy of a rental unit as a dwelling. e) At the beginning of any rental arrangement, the property owner and ,AJC' ( / 0. .- tenant shall prepare a list of existing damage to the premises. A 1_ i dated, signed copy shall be retained by both parties for purposes of - ' assisting in the resolution of the deposit situation at the end of W/o the lease. f) At the end of the lease, the owner retains all or part of the deposit plus interest for the actual cost to repair damage beyond normal wear and tear which is attributable to the tennant. The owner gives notice of intent to withhold not more than 15 days after the expiration of the lease. g) The tennant, upon receiving notice of the owner's intent to withhold all or part of a security deposit, may otject and request an inspection by the Housing Board of Review, which then inspects the premises or delegates inspection to the Rental Housing Officer. h) The Housing Board of Review then makes a finding, which is enforced on the owner if appropriate, subject to whatever appeal procedures are in effect for that body. .cMEMORANDUM To: Rental Housing Commission Date: July 18, 1991 From: Pierre Clavel Subj. : Rental Housing Costs vs. Incomes In view of questions about the claims of a rental housing affordability problem here, I got some income and rent figures for 1980 and 1990, for the state, Tompkins and surrounding counties. Original data are from the Tompkins County Planning Department, which got them from the Census and the NYS Department of Labor. The figures below are derived from theirs by me, including the ratios in the last two columns: Avg. Annual Wages Median Annual Rent Med. rent/ wages 1980 1990 1980 1990 1980 1990 NY State 15704 33666 2520 5136 . 16 .15 Broome 13884 22825 2100 3996 .15 .18 Cayuga 12792 17583 1920 3696 .15 .21 Chemung 12884 18385 1968 3492 .15 .19 Cortland 11388 18372 1968 3852 .17 .21 Onondaga 14768 23368 2220 4512 .15 .19 Schuyler 12012 17322 1848 3180 .15 .18 Seneca 14040 20216 2016 3696 .14 .18 Tioga 17264 28173 1884 3600 .11 .13 Tompkins 12272 22084 2508 5112 .20 .23 These are estimates, but if anything they overstate renter incomes, and understate rents: Census reported "median gross rent" in 1980, and "median contract rent" in 1990; the former includes, the latter often excludes utilities. The "incomes" figure is weekly wages paid by county employers, divided by workers on payrolls of these same employers, times 52. Since it is a wages figure, it tends to exclude students. It excludes dividends, interest, and rental incomes, but seems a better figure for renters. In any event, if you use "median family income" instead of "average annual wages" the figures for Tompkins County show an even . greater disparity over time: 18790 30200 2508 5112 .13 .17 Certainly one can massage the data further, but meantime I pass these on for us to consider. BURLINGTON CODE 4 18-26 (c) Costs shall include all reasonable costs of relocation of the displaced person or persons,including,but not limited to,moving expenses, required rental and security deposits, and required utility deposits. (d) If the owner fails to pay the relocation costs within three(3) business days from the date of receipt of the notice of the costs or the date of posting of the costs,whichever is earliest,the depart- ment shall pay such costs and the costs and charges incurred shall constitute a lien upon the land upon which the dwelling or dwelling unit is situated, and shall be enforced within the time .. and in the manner provided for the collection of taxes on land. • -• . (Ord.of 84-86) - • Sec. 18-26. Apartment inspection fee. _ (a) An inspection fee shall be charged to the owner of every rental unit in the city that is subject to periodic inspections pursuant to Section 18-18 of this chapter. This fee shall be in an amount determined by and dedicated solely to the cost of provid- ing rental housing inspection services, clerical, administrative . • and mediation support services for the housing board of review --v. and landlord/tenant shall be in the amount of nineteen dollars ($19.00) per unit per year, except that the initial inspection fee for dormitory rooms ['7' AQ/CUA,C shall-be in the amount of thirteen dollars ($13.00) per unit per year. Any surplus remaining in this fund at the end of a fiscal • year shall remain part of the fund and shall be carried forward to the next fiscal year. This fee shall be reviewed every three years • by the finance board.Any change in the fee must be approved by the city council, except that portion of the fee dedicated to cleri- cal, administrative and support services for the housing board of • review and landlord/tenant resource services shall sunset three (3)years following the enactment hereof unless specifically reau- thorized by the city council. • (b) Every owner of a rental unit subject to periodic inspections shall pay the inspection fee required by this section to the city treasurer on or before April 1,1988,and on or before April first of each year thereafter. The owner of a newly constructed rental unit that is subject to periodic inspections as required in Section 18-18,or of property converted to such use, shall not be obligated Supp.No.48 1208 18-26 HOUSLNG 4 18.26 to pay the inspection fee required by this section for a minimum of twenty-four (24)months following the issuance of a certificate of occupancy for such unit and until the first of April immedi- ately following such twenty-four-month period. (c) A rental unit for which an inspection fee as required in this section has not been paid shall be in violation of the Burlington Minimum Housing Ordinance and subject to the penalties set Forth herein. In addition, if the treasurer determines that a per- • son has failed to pay the inspection fee due under this section,the • • treasurer shall mail to such person a statement showing the • balance due and shall add thereto interest at a rate of twelve(12) • per cent per year from the due date until the date of payment. The charges levied in this chapter shall constitute a lien upon the - • • property on which the rental unit is situated and may be enforced . within the time and manner provided for the collection of taxes • on property. . (d) A rental unit shall be exempt from the inspection fees required herein if: (1) That unit is currently maintained as part of a nursing Aocat )44 • facility or community care home under license from the " State of Vermont;or (2) That unit meets all three(3)of the following tests: '. a. The unit is currently maintained as "affordable" hous- ing for "low-income" or"very low-income" households, as these terms are currently defined by the Section 8 Program of the U.S. Department of Housing and Urban Development; and b. The unit is currently maintained as "affordable" hous- •. ing for"low-income"or"very low-income"households • using public subsidies provided by federal, state or S municipal government(s); and - • c. The unit is currently owned by a municipal corpora- • tion or a 501(cX3) tax-exempt, nonprofit corporation whose purpose is creating or preserving affordable hous- ing for low-income or very low-income households; (3) That unit is the owner-occupied portion of a rental unit • which is subject to periodic inspections pursuant to Section 18-18 of this chapter.(Ord. of 2-1-88) Supp.No.48 1208.1 • 0.27 BURLINGTON CODE 4 18-38 Sec. 18-27. Annual housing census. The planning department and the community and economic development office shall jointly conduct an annual housing cen- sus using a statistically relevant sample to collect significant data on the supply, condition and cost of housing in the City of Burlington. No citizen will be compelled to participate in the census;no citizen who does participate will be identified by name or address. Fifty cents ($0.50) of every inspection fee, collected -- pursuant to Section 18-26(a) on an annual, per-unit basis, shall • be used to carry out the housing census, analyze its data, and report its results to the city council.(Ord. of 2-1-88) Secs. 18.28-18.34. Reserved. • . DIVISION 2. HOUSING BOARD OF REVIEW 13r".6. Sec. 1845. Created. Criiview There is hereby created for the city a housing board of • review. (Ord. of 3-9-71) Sec. 18.36. Composition; appointment. The housing board of review shall consist of five (5) mem- - bers who shall be appointed by the board of aldermen of the • . city. (Ord. of 34-71) Sec. 18-37. Terms. , . Each member of the housing board of review shall serve for a term of five (5) years, with the exception of four (4) of the first five (5) members appointed, who shall serve terms as follows: One shall be appointed for a term of one year; ' one shall be appointed for a term of two (2) years; one shall . be appointed for a term of three (3) years; one shall be ap- pointed for a term of four (4) years; and one shall be ap- • ' pointed for a term of five (5) years. (Ord. of 3-9-71) • Sec. 18-38. Terms limited. At the expiration of their terms, members of the housing board of review may be reappointed for another term or a Supp.No.48 1208.2 /f�) .y_J ari;Le,niifootAw * ,p9 BURLINGTON CODE E 1S•126 c. 18-109. Removal of required facilities prohibited. No owner or his agent or occupant shall cause any service equipment or utility required by this chapter to be rcmc•:cd,shut. off or discontinued for any occupied dwelling let or occupied by him,except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during tem- porary emergencies. Owners or their agents who are repairing, replacing or upgrading their service equipment or utilities shall . ensure that occupants have adequate notice of service interrup- tions and that such interruptions are limited to the shortest • possible duration. (Ord. of 8-4-86) • • Sec. 18-110. Transfer of responsibility. Any contract between owners and their agents, owners' agents and occupants or owners and occupants with regard to compli- ance to this article shall not relieve either party of his direct • responsibility under this chapter. (Ord. of 8-4-86) Secs. 18.111-18-119. Reserved. Sec. 18-120. Deposits. J� � ✓(a) An owner may require a reasonable deposit as a condition for the rental,lease or occupancy of a rental unit as a dwelling as security against damage beyond normal wear and tear to the premises which is attributable to the tenant.The deposit may not exceed the amount of one month's rent for the unit rented, and • shall be held by the owner in an interest-bearing account. This deposit shall not be used by the tenant as the last month's rent • unless otherwise specified in a written lease agreement between the parties.No other payment or deposit beyond the first month's rental payment and the damage deposit described in this section may be required as a condition of rental, lease or occupancy of a rental unit as a dwelling. • (b) At the beginning of any rental arrangement, the property owner(s) and tenant(s) shall prepare a list of existing damage to the premises. A dated, signed copy of such list shall be retained by both parties to the lease or rental arrangements for the pur- Supp.No.46 1226 • • . . r§ 18-120 0 HOUSING F 18.120 f assisting in the resolution of the deposit situation at the tion of the leasehold. Upon the expiration of the term of any rental agreement or old, the owner may retain all or part of the deposit plus st for the actual cost to repair damage beyond normal wearar which is attributable to the tenant in order to maintain • ndition and habitability of the unit. The owner shall give nant written notice of his or her intent to withhold all or of the deposit not more than fifteen (15) days after the tion of the leasehold. Such written notice shall indicate whether part or all of the deposit is being retained for damage to • the premises. If a refund of all or part of the deposit is appropri- ate, that refund including the interest shall be made within • fifteen(15)days of the date that the premises are vacated.At the time the premises are vacated,the tenant shall furnish the owner a forwarding address to enable the owner to return all or part of the deposit as required. If such address is not furnished within fifteen(15)days,the owner may retain the deposit and interest. (d) Damage beyond normal wear and tear may include the - unpaid balance in a tenant's(or tenants')account at the Burling- ton Electric Department, which could result in a lien on the landlord's property. Within fifteen (15) days of the expiration of the leasehold, the tenant shall obtain (or authorize the landlord to obtain) a final accounting of the tenant's (or tenants') account with the Burlington Electric Department so that this portion of damage can be withheld if necessary. • (e) A tenant, upon receiving notice of the owner's intent to withhold any part of the deposit because of damage beyond nor- mal wear and tear to the premises, may object and request a hearing before the housing board of review for a review of the reasonableness of the owner's claim of damage to the premises. The request shall be submitted in writing by the tenant to the • office of the city clerk which shall immediately forward it to the chairperson of the housing board of review. Hearing shall be set ' and held by the board in the same manner as provided in Sec- tions 18-48 through 18-59 for the review of an action of a housing • inspector. The board shall hold.,a hearing, take evidence, and may visit the premises in question for on-site inspection. The Supp. No.46 1226.1 18.120 BURLINGTON CODE 4 18.200 board shall make findings and conclusions regarding the exis- - tence of damage beyond normal wear and tear to the premises, the tenant's (or tenants') responsibility for those conditions, the costs of repair, and the reasonableness of the withholding. The board shall order that all, part or none of the portion of the deposit which is withheld for alleged damage be retained by the ' - owner or returned to the tenant. The tenant shall receive all remaining deposit monies and interest beyond the cost of the damage. The board's action shall be reviewable as provided in Section 18-59. • (f) An owner or a tenant may request a hearing before the housing board of review in order to resolve other issues related to security deposits which are specifically addressed by this section. • Such hearings shall be requested, set and held as provided in subsection(e)above. • (g) Failure of an owner or other person to notify a tenant as provided in subsection (b) above, or to abide by an order of the • housing board of review as provided in subsection (c) above, or ' failure of any person to otherwise comply with this section shall • - constitute a violation of these minimum housing ordinances and - shall be punishable as provided in Sections 18-3 and 18-4, and • shall be considered a minimum housing violation for all applica- ble legal purposes. (Ord. of 3.10-86) Secs. 18-121-18-199. Reserved. ARTICLE IV. HOUSING DISCRIMINATION A4V-t/L'll4W1441144:a. t Sec. 18-200. Purpose: Whereas housing discrimination adversely affects the avail- ability of housing to groups of persons who are affected by such discrimination and thereby limits the availability of safe, sani- tary, and clean housing for such persons, it is hereby declared by •. the city council of the City of Burlington that such discrimina- tion is contrary to the health,welfare,and safety of the citizens of the city. (Ord. of 10-9-84) Supp. No.46 1226.2 1 MEMORANDUM To: Rental Housing Commission Date: December 18, 1991 From: Policy Committee Subj. : Revised Resolution to City Council Finding: There is a serious housing problem in Ithaca affecting rental housing: 1. The ratio of median rents to median income increased markedly from the 1980 to 1990 census, and was consistently higher than the state average and all surrounding counties; 2. A meeting with renters (Renters Speak-Out, July 1991) indicated widespread concern on the part of renters; • 3. Testimony before the Commission has indicated a high level of renter- landlord conflict in the city -- several hundred cases per year in small claims and city court; with return of security deposits a major issue. Therefore, the Rental Housing Commission proposes the following actions by City Council: 1. Rental Housing Officer. The city should establish the position of Rental Housing Officer, for the purposes of: a) Provide for public outreach. Arrange meetings of the Commission or other city officials within neighborhood places, like the recent Renters' Speak-Out; b) Provide current information on rental unit availability, pricing and conditions, for purposes of periodic assessment by the Commission and other public bodies; including the performance of a rental housing census. • e) Encourage more widespread information to tenants and landlords as to rights and responsibilities, and availability of recourse in the case of disputes, including mediation services and other steps short of legal action. d) Liase with the Planning and Development Committee, Housing Providers Committee and other agencies and units. e) Assist in monitoring and enforcing the provisions of the ordinance. f) Update the rental housing guide and serve as general staff for the Commission. g) The City Council should establish appropriate job qualifications for the position including knowledge of rental property and leases, conflict management, tenant concerns and the applicable law. 2 h) The Rental Housing Officer and associated expenses should be self supporting out of a separate annual fee on rental units; use could be made of the Building Department's computerized fee-billing facilities; $4 per year per bedroom, applied to Ithaca's approximately 19,000 bedrooms under rent would pay $76,000 toward salary, benefits, an annual housing census and office expenses. The fees would be dedicated to the purposes of the rental housing office. The fee system and dedicated amount for the rental housing office would be reviewed by the city council at the end of two years based on a professional evaluation of the services provided related to the fees charged. 2. Annual, Housing Census. The city should mandate an annual housing census based on a statistically relevant sample on the supply, condition and cost of housing, including rental housing. A portion of every fee collected in SEC. 1 (h) above is allocated to the Annual Housing Census: to carry it out, analyze its data, and report its results to the Rental Housing Commission and the City Council. 3. Security Deposits. The city should establish enhanced security deposit regulation, within the constraints of state enabling legislation. Steps recommended by the Commission include: a) The property landlord and tenant shall follow a written check-in and check-out procedure: 1) Upon commencement of occupancy (transfer of keys), the landlord shall inform the tenant that the tenant may inspect the dwelling unit and notify the landlord of any damages or defects which existed before the beginning of occupancy. The landlord Shall furnish a written checklist in a standard form provided by the city, including an itemized description of any damages or defects, including those for which deductions from the previous tenant's security deposit were made. There should also be a place for both landlord and tenant to sign, indicating approval of the check-in information. A dated, signed copy shall be retained by both parties for purposes of assisting in the resolution of the deposit situation at the end of the lease. Any disagreements may be referred to the rental housing officer for a factual determination to be added to the record by either or both parties. 2) At any time after the commencement of tenancy, either landlord or tenant shall, upon discovery of damages or defects not included in the original checklist noted in SEC. 3 (a) (1) , immediately notify the other party in writing with reference to the original checklist. Any disagreements may be referred to the rental housing officer for a factual determination. 3) At the end of tenancy, the landlord provides a check-out form comparable to check-in forms, containing a clear place for the tenant's forwarding address, and for both to sign. 4) The landlord who has accepted a security deposit must, after termination of tenancy, provide to the tenant as soon as possible and 3 within not more than 30 days, either in person or by mail, either: (1) the full security deposit; or (2) an itemized statement showing the reasons for withholding all or part of the deposit, receipts and estimates, and forwarding any balance of the deposit. 5) Disagreements between landlord and tenant pertaining to items covered in SEC. 3 may be referred to mediation; parties are strongly encouraged to go through such procedure if requested. b) The security deposit is the property of the tenant until proven otherwise. It is the landlord's burden to prove compliance with the provisions of SEC. 3, or forfeits right to the security deposit. c) In the event that the landlord has unreasonably failed to return all or part of the security deposit, treble damages and reasonable attorneys' fees may be awarded. Failure to comply with procedures listed in SEC. 3 (a) may be a factor for the court to consider. d) Past practices of the landlord regarding return of security deposits may be a factor in awarding treble damages and attorneys fees. e) Repeated failure to comply with security deposit sections of ordinance may he cause for court to impose punitive fines. f) Section (3) does not apply in the case of tenants who are not required to pay a security deposit. g) Section (3) does not apply in the case of tenants who have failed to pay the full rent required in the lease by the time of the end of tenancy. John Lloyd Petry 373 Luce Road Groton, New York 13073 607.533.7610 City of Ithaca Rental Housing Commission City Hall 108 East Green Street Ithaca, NY 14850 Attention: Clavel, Dormady, & Efroymson December 23, 1991 Dear Sirs, "The legitimate purpose of government is to do for a community of people whatever they need to have done, but cannot do at all in their separate and individual capacities." -Abraham Lincoln. This quotation always pops into my mind when I read of governments attempt to duplicate what it already does, or to provide an unnecessary service to its constituents. Having just read the December 13th Ithaca Journal story on your proposal for a new position to deal with landlord/tenant disputes, I felt compelled to write to you on the matter. Applying what Lincoln said, I am left with a question concerning your plan. What is it your proposal would do that a landlord or tenant cannot do "in their separate and individual capacities?" Of course, the question was rhetorical. The answer is Nothing! Landlords and tenants enter into a purely voluntary contract which is mutually agreed upon. If a landlord wants too much for a deposit, the tenant can go elsewhere. No tenant has ever been forced or coerced into paying an unreasonable deposit. It's a free market! The tenant can simply walk away. Is there anything simpler than that? If the deposits are unreasonable the landlord will eventually be forced to lower it by the market. This underlying principle of our economic system needs no additional governmental interference. The issue of landlords who fail to return deposits is also a "red herring." If a dispute arises over the return of a deposit, the parties are free to work it out themselves, utilize private attorneys, use a dispute resolution center, engage private arbitration, or file in small claims court. I had the opportunity to observe closely Ithaca's city court for the last fifteen years. I can assure you that deposits/landlord/tenant claims are heard there quite often. Unless I'm mistaken, taxpayers already pay to maintain the court for just such actions. I would be interested in knowing what research you did into the small claims court cases heard on this topic. And even more so, it might be telling to determine if more claims are brought into the court by landlords or tenants. I would also be interested in which group more commonly prevails in city court. I must confess to doubting that this has been done, since it would have quickly pointed out that all citizens (being landlord or tenant), and being so aggrieved already have recourse! City of Ithaca Rental Housing Commission - Page 2- There are many laws protecting tenants already. They prevent unwarranted evictions, harassment of tenants, withholding of personal property, cutting off utilities, unwanted intrusions, etc.. What will this new officer do or offer that is not already done? And what of the rights of those who wish to seek redress by means other than the city's enforcement mechanism? Will it be mandatory for disputes to be addressed through the city? If so, doesn't that abrogate their rights of redress that already exists under present laws? There may be an interesting legal challenge to the authority of the city to enforce such ordinances where existing (state) laws already apply. As a retired police officer from the City of Ithaca, I went on (perhaps hundreds of) calls related to the landlord/tenant relationship or tenant/neighborhood relationship. We were even trained in handling such civil matters- and I mean specifically landlord/tenant disputes. I've mediated dozens of resolutions to such problems. I'll concede that there are good landlords and bad. But the fact is there are also good and bad tenants. And nothing anyone can do- and certainly no enacted law, will change that. Ever. I relate the following observations to you based upon my career, which incidentally, and I spent most all of it in "College Town" (meaning the beat area including everything east of Aurora St.). One afternoon a few years ago I observed a colorful, mimeographed flyer posted to a utility pole. Upon closer examination, I discovered it was an advertisement for a "come to our trash the house party!" It gave a time and address, and instructions to "bring your own tools." I went to the address in the 200 block of Linden Avenue. On the front porch there, they had taken a bedsheet and tied it to the porch posts- creating a large banner. Spray painted upon the sheet was a similar "advertisement." I stopped and investigated. After knocking on the door, I was invited in (they did not know who I was initially). Upon entering I observed holes (obviously punched and kicked) in the plaster and lath walls. A TV sat upon the floor, its screen shattered. There was food thrown on the walls, "throw away" cups, once containing beer, were squashed all over the floor. There were broken chairs, spray painting on the walls- in fact, much more than I could adequately describe here. What struck me was the lack of need to further "trash" the place. Short of hiring a wrecking-ball, they had already done thousands of dollars in damage to the place. Without much real authority, I ordered the sheet torn down and the party cancelled. I informed them that if they had the party I would instruct the night shift to arrest the tenants for not having a "party permit". Fortunately my "authority" went unchallenged and the party never really got off the ground. In my casual conversation with one of the tenants, he outlined a list of grievances against the landlord. If legitimate, the landlord had indeed treated them unfairly- and their landlord had such a reputation. Obviously, this was not a legitimate manner of recourse. City of Ithaca Rental Housing Commission - Page 3- Had these "boys" gotten away with it, they would have done several thousand dollars damage, left town as graduated seniors, and left the landlord with only a fraction of the money required to cover required repairs. I went to a party call on Hillview Place where the tenants had torn the whole suspended ceiling out of a three bedroom apartment. Just for fun! I was in a house once where two tenants smashed through an interior wall to make adjoining apartments! Perhaps you should let a landlord take you on a tour of some of his/her properties after the parties this next spring. See for yourself just what landlords have to put up with. Pictures just couldn't do justice to what you would see. You must also smell the beer and urine, and see the "don't give a damn" attitude of the tenants even when confronted about their behavior. My observation is that students (and let's be realistic- they are the majority of renters here) are much less responsible than the landlords. Therefore, the landlords require at least as much protection from their tenants as you seem to think the tenants need from them. While my aforementioned examples may be anecdotal, they are in fact quite common occurrences- as most any city cop will tell you. And where will the city's "do-goodness" end? I'll bet there are many more people who feel ripped off by their auto repair shops than by the landlords. Why don't we regulate that business? Perhaps we should enact laws or create a person to regulate what local colleges charge for tuitions! After all, almost everyone seems unhappy about the tuition rates and school curriculums. Item Pricing was another "can of worms" the city felt compelled to get involved in. What ever happened to common sense? If I don't like the way a store does business, I shop elsewhere! If I like price tags, and Wegmans doesn't have them- I'd go to a store that has them. But government now believes that it must get into every detail of how a business does its business. Your proposal is just such a law. I suggest that before the city goes about trying to put other "houses" in order, it should get its own house in order first. I suggest you abandon your efforts. You are "opening a can of worms" for no apparent reason. I would be happy to discuss the matter with any of you, or appear in person at the next hearing. Very y kli .... Ji -4' ietry th