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HomeMy WebLinkAboutMN-RHAC-1989-03-27 Rental Housing Task Force March 27, 1989 DRAFT MINUTES (by SJ) Present: Jackson (Chair) , Killeen (Vice-Chair) , Howard, Lewis, Lytel, MacDougall, McLaughlin, Rector, Weiss; members of the public and press. Meeting called to order at 7:05 pm. Jackson began by suggesting that the procedural question of how to vote on contentious issues should be decided by the Task Force before it was needed. Jackson proposed the following procedure: the Task Force would seek consensus whenever possible. If consensus can not be found, that a majority of the Task Force membership (6 votes) would prevail . However, on any issue which received fewer than 8 votes in favor, the matter would be brought automatically before the Task Force for further discussion and another vote at a subsequent meeting. After brief discussion, this proposal was agreed to unanimously by the Task Force, with nine members present and in favor. Jackson then reported that Building Commissioner Eric Datz had agreed to appear at the April 10th meeting of the Task Force. However, City Attorney Ralph Nash had suggested that it would be better for him or his assistant to appear only after they had received specific questions from the Task Force and had had a month or more in which to prepare responses. The Task Force generated the following questions (to be supplemented by Jackson's checking with the various working groups once they begin working) : what does the case at 705 E. Buffalo St. tell us about the need for possible changes either in our local statues or in the mechanisms of enforcement? what authority, if any, does the City have over security deposits and other payments demanded up front? Could the City require the money to be put into a fund controlled by the City? Could the City implement an alternative mechanism for resolving disputes over the return of security deposits? Are there limits on for which things the landlord may retain deposits, and can the City regulate these things? does the City have any authority a la antitrust power to confront the emerging monopolies in property management? does the presence of building code violations invalidate a lease? can a landlord legally restrict visitors to an apartment? if repairs are undone, could the City give tenants the right to withhold rent payments? could the City tax buildings with more than a certain number of units, or buildings in certain residential classifications, at a higher rate than others? could the City allow variances from codes to encourage people to buy houses for occupancy with the intention of completing code compliance through sweat equity? which distinctions are legal for landlords to make: eg, student/non-student, rich/poor? Can landlords refuse to rent to certain categories of people? could the city tax units with certain kinds of occupants differently than others? The Chair was directed to communicate these questions and others to the City Attorney and arrange a visit for some future date. The Task Force then undertook the main task for the day, which was putting proposals for action on the table, and volunteering to pursue those which were of most interest. Discussion began around Laura Lewis' memo (a copy of which is part of the official record) and which was the only set of proposals put on paper by a Task Force member for the meeting. After discussion, and contributions from all Task Force members, the following not necessarily independent topics, ideas, and proposals had been raised: *relationship of Cornell and Ithaca College to housing *funds for and creation of Housing Trust Fund *enforcement *need for a permanent board and staff *developer impact fees *rent control and/or rent registry *recycling of housing *loan programs for security deposits *inter-municipal planning *interest on security deposits returned to all renters *posting of certificates of occupancy in lobby of apartments *model leases and tenants' bill of rights *expanding public assistance for subsidized housing *mutual housing and/or community land trusts *regulatory relief to encourage private developers to provide affordable hang *zoning changes which would provide neighborhood protection while encouraging more housing *providing more housing opportunities for those with disabilities *need for more information about the costs and benefits of being a landlord *define affordable housing *formation of a tenants association *increase housing supply, building housing not shelter *additional housing on the Cornell campus *involving BOCES in efforts to build affordable housing *innovative sources of funds, including diverting part of the tourism room tax to housing, a rental housing tax assessment, a tax on off-campus students by the university *increasing the decentralization of landlords *increasing public transportation to outlying areas where more affordable housing is or could be located *encouraging construction of diverse housing types *encouraging sweat equity *possible zoning changes to accomodate needs of elderly *encourage volunteer built housing *encouraging businesses to do something about affordable housing After discussion, individuals volunteered to work on those areas where they thought they might make the greatest contribution. This led to the constitution of the following working groups: Rental Housing Task Force Tentative Working Groups Based on Meeting of March 27, 1989 DRAFT 1. Improving Public Transportation Service to Areas of Potential Affordable Hu4g *Paula Weiss, Lillie McLaughlin 2. Encouraging Sweat Equity Projects and Volunteer Built Homes *Paula Weiss 3. Loans for Security Deposits *Jean Rector, Sean Killeen 4. Meeting Special Needs of Senior Citizens *Jean Rector, Sean Killeen 5. Encouraging Cornell and Ithaca College to house more students, encourage respsonsible off-campus behavior by students, and to contribute to affordable housing *Laura Lewis, Neil Howard 6. Zoning Changes to Encourage Affordable Housing while Protecting Neighborhoods *Laura Lewis, Sean Killeen 7. Rent Control, Rent Regulation, Rent Registry *Steve Jackson, Neil Howard 8. Meeting Special Needs of those with Physical and/or Mental Disabilities *Lillie McLaughlin 9. Subsidized Housing *Lillie McLaughlin, Steve Jackson 10. Tenants Rights and Model Leases *Valerie McDougall, Sean Killeen 11. Housing Trust Fund: affordable housing policy, organization of trust fund, ad sources of funding *Valerie McDougall , Steve Jackson 12. Developer Impact Fees *Steve Jackson, David Lytel After this discussion, various members raised the difficulty of having so many issues to look into and so little time. It was proposed by the Chair that it might be appropriate to approve at this time a motion indicating the Task Force's conclusion that a permanent board of the City would be required, at a minimum, to continue discussion and investigation of the topic raised by the Task Force where the Task Force will not have the time to look into them. On the motion of the Chair, it was unanimously agreed (Lytel absent) that a permanent board would be recommended to Council to deal with issues of affordable housing and rental housing. The exact nature, responsibilities, and organization of this board will be discussed and decided upon at a later point in the Task Force's deliberations. The Task Force also agreed, upon the suggestion of the Chair, that the May 8th meeting of the Task Force be designated as the occasion upon which public discussion of rent control , rent regulation, and rent registry would commence. By deciding at this time, it would allow adequate time to inform all those who might wish to attend. It was decided unanimously to so proceed. Meeting adjourned at 9:15pm. Rental Housing Task Force April 10, 1989 DRAFT MINUTES (by SJ) Present: Jackson (Chair) , Killeen (Vice-Chair) , Howard, Lewis, Lytel, MacDougall, McLaughlin, Rector, Weiss; Invited guest Eric Datz, Building Commissioner; members of the public and press. Meeting called to order at 7:10 pm. Jackson welcomed and introduced the new Building Commissioner, Eric Datz, and invited him to tell us how his department works with rental housing. Datz began by indicating that there are numerous myths and misunderstandings in the public about his department and its role in inspections. First, he said, there are often references to buildings not being up to code. Yet, there is no single code; there are many codes. Most importantly, there is a building code, promulgated by the State which sets statewide standards. Quite separately, there is a housing code, adopted by the City which sets local rules and regulations. These codes are enforced by two distinct sets of inspectors: building inspectors examine new construction for its compliance with the Building Code. Most older buildings in the City not only do not comply, they cannot. They have grandfather rights to exemption. Then there are housing inspectors (3 full time) who inspect rental properties and issue certificates of compliance with the City's Municipal Code. These inspections look for maintenance of interior walls, locks, windows, etc. They are visually checked, not x-rayed. There are between 6,000 and 7,000 rental units in the City, checked every three years; a certificate of compliance once issued is valid for three years. If a property is not in compliance, the Building Commissioner tries to give the owner a reasonable chance to bring the property into compliance, Datz said. He will write to the owner up to three times over as much as a six month period, continuing to seek compliance as long as good faith efforts are being made by the owner. This is a matter of judgment for the Building Commissioner. If the owner does not make reasonable efforts, the Building Commissioner can order that repairs be done within a certain time limit. If they are not done, then it is turned over to the City Attorney. However, Datz said he would rather get compliance then go to court. Asked if number of inspectors he has is adequate, he answered that he needs more time to study that question. Right now, the department is really behind in building permits and inspections, not especially on the rental housing side. Asked whether all rental units should have certificates of occupancy, he emphasized that only buildings which comply with the NY State Building Code get a certificate of occupancy. Many rental housing units are not expected to comply with that new code. Hence, they should have a certificate of compliance, but not occupancy. Asked how housing inspectors are apportioned work, Datz indicated that each housing inspector has responsibility for one third of the City; it is his impression that they are covering the City fairly thoroughly. He indicated his intention to get information to the Task Force concerning the number of inspections actually done during the past year. Asked if there were any rules presently requiring the posting of Certificates of Compliance or Occupancy, the Building Commissioner responded there were not. After discussion, the possibility was raised and not rejected by Datz that it might be possible for the Building Commissioner to order those postings without specific authorization from Common Council , although he would much prefer to have that specific authorization so if his order is challenged he would have solid legal basis. Datz was asked if it would be possible to implement a program where houses could be sold in unfinished condition, allowing owners to occupy them while through sweat equity they finish details that do not directly impinge on safety? He responded that he thought it possible, but that it would have to be done very carefully both to make sure that all owners are treated equally and to make sure that buildings that are started in this program would also be finished so that at some point they would be able to get certficates of compliance or occupancy. There was discussion about the role of fines in ensuring compliance. Datz noted that he cannot fine owners, only the Courts can do that. He believes that fines are really only a last resort, and that he needs substantial time and discretion to try to work with owners to get them into compliance. Task Force members urged consideration of steeper fines, and of finding a way to increase the certainty of the imposition of fines in order to strengthen the Building Commissioner's hand in encouraging compliance. Some consideration was given to the idea of creating a scale of fines which would encourage rapid compliance so that tenants are not forced to live in sub-standard housing. Valerie MacDougall noted that she had read that while commercial properties were inspected at the rate of 80 per day (roughly) that residential properties were only done at the rate of 6 per day. Why the discrepancy? Datz responded that other than new buildings, his department does not inspect commercial properties; so he doesn't know about the comparison. Asked what the most common reason for denial of a certificate of compliance, Datz said it was hard to say, so many cases were so different. Datz was told of cases where windows did not have locks on them, and landlords responded that they were not required to have locks as long as they had storm windows. Datz responded that this is true, under the City code. Datz was told of apartments which suffered from mildew and mold in bathrooms but which received certificates of compliance. He indicated that his inspectors look for water in places where it might causes structural damage, but not on surfaces or in the bathroom where opening a windown may be all that is required to deal with the problem. Datz was asked about the Housing Board of Review and responded that it was a local board with the power to grant variances to the local housing code. The Building Code Board of Review serves as the body to which appeals of the Building Commissioner's decisions on imminent health and safety issues on building inspections can be directed. He indicated he was not sure of exactly how many members there are on these boards, nor exactly how they are described in the statutes. He did not believe there were any seats designated specifically for t 0 tenants on either review board. Datz was asked what happens if there are problems in a building which has a valid certificate of compliance. He responded that they get complaints all the time and try to check them all out. Complaints, especially about plumbing and heating, are treated as more important than routine inspections, and hence disrupt the regular cycle. Theron Johnson noted that he used to post his certificates of compliance in his buildings but that they didn't last long; they would be taken down by tenants as soon as they were put up. They also often take fire extinguishers, smoke alarms, etc. In other words, lack of compliance is not always the landlord's fault. Johnson also indicated that he would be interested in building SROs if property were available. If he could put in at least ten efficiencies with shared baths, each room having a minimum of 150 square feet, and charging $250-$275 per month, he could do it economically. Datz was asked about restrictions in zoning about family units, and explained that the City has an ordinance defining functional family units which means that if a group of people function like a family their precise legal or familial relationship does not matter; they can live in housing zoned for families. In spite of court challenges around the country to restrictions on unrelated individuals living together, Datz indicated that the City's ordinance seems a reasonable one and is being fully enforced. Datz was thanked by Jackson for his informative discussion and offer of additional information on the functioning of the department. The Task Force agreed that at its next meeting they would hear from Senior County Planner Dwight Mengel to discuss the potential for improved mass transportation to increase access to affordable housing. The meeting was adjourned at 9:05pm. RENTAL HOUSING TASK FORCE MINUTES APRIL 24, 1989, 7:00 P.M. PRESENT: Howard, Lytel, Lewis, Rector, Weiss, Killeen, Public, Press GUESTS: Dwight Mengel, Assistant City Attorney Margaret Beers-Schnock Killeen chaired the meeting as Jackson was ill. Ass't. City Attorney Margaret Beers-Schnock was excused and agreed to return for a June meeting to address housing enforcement and other concerns. Dwight Mengel, Transportation specialist for County Planning Department, presented an overview of County bus systems including -the history of Tomtran- and Gadabout, their service areas and financial support factors. Our rural bus system is pioneering in regard to other counties, yet Mengel observed we are not yet even on the forefront of public transport service. Mengel stated that transport, if viewed as part of infrastructure, like water and sewer, will have an impact upon land use. People make residence decisions in some coordination with transportation factors. Weiss asked for a map showing these concentrations of infrastructure in the County where affordable housing could potentially be sited. Mengel will convey map to Weiss/Jackson. General discussion about relation between shelter and transport followed with observation that both sectors have traditionally been subsidized (for varying reasons) . It appears to be an open question as to where it would be most effective to concentrate declining subsidies in order to have maximum affect upon both sectors. Based upon the 12 interest areas identified at the 3/24/89 meeting, brief updates on activities of working groups were reported as follows by the 2 dozen members present: Interest Areas #1-(Public Transport and Affordable Housing) - Paula Weiss and Dwight Mengel presentation as recorded above. #2-(Sweat Equity) - Paula Weiss will be contacting Kathe Evans of the City Planning Department and Ben Curtis of Ithaca Neighborhood Housing Services. #3-(Security Deposits) - Jean Rector is gathering information from Cooperative Extension; Sean Killeen reports AFCU will launch "Socially ifesponsible Investing" .5 million fund on 4/25/89 to aid affordable home- buying, and will consider taking local leadership in creating a mechanism to aid pre-purchase (e.g. renting mode). - 2 - #4-(Senior Citizens) - Jean Rector and Sean Killeen reported that the 4/6/89 Forum confirms expansion of special types of housing needs of this sector. A "Betheny" model as in Horseheads, New York is desired by some for Ithaca. A HOST info and referral center will open in September with expert staff advising on varied housing options for seniors. Funding was obtained by Assemblyman Luster. McGraw House is considering adding more living units and the Senior Citizen's Council are discussing a mutually beneficial plan for a new Senior Center with IHA (Titus Towers) . #5-(More Ithaca College and Cornell University Housing) - Neal Howard and Laura Lewis met with Ithaca College officials to better know IC's longer term plans. Sample materials on leases, student responsibilities obtained. Meeting with Cornell University for next week. #6-(Zoning) - Sean Killeen and Laura Lewis met twice to consider how zoning changes can be better used to influence the creation, construction, of affordable rental housing and how (and when) Common Council makes zoning changes. #7-(Rent Control) - Neal Howard and Steve Jackson are meeting to plan pro/con presentation on this topic on 5/8/89. Professor John Macey (Cornell University Law) to join in this discussion at June meeting. #10-(Rights and Leases) - Sean Killeen gathering documents from C.U. in addition to IC and City Hall Fair Housing brochure. Collegetown "Good Neighbor" pamphlet, Cooperative Extension "Rent Smart" etc. Neal Howard has passed an assortment of leases; others asked to give whatever in order to have a base of current local information with a view toward improving. #12-(Developer Impact Fees) - David Lytel and Steve Jackson are meeting with others to refine this mechanism for potential revenue. Meeting adjourned at 9:35 p.m. , agreeing that next meeting would be 5/1 /89 at 7:00 p.m. in City Hall. Steve Jackson was asked to poll those not present on 4/24/89 to see if they can attend weekly meetings through June 19th contingent upon probable participation levels, schedule, and agenda items for remaining weeks will be mopped out at 5/1 /89 session. Respecfully submitted, Sean Killeen Vice-Chair CC: Task Force Members Dwight Mengel, County Planning Department Margaret Beers-Schnock, Assistant City Attorney SK :bfp 4/26/89