advancing rental property owner compliance with codes jane malone, moderator national center for...
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Advancing Rental
Property Owner
Compliance with Codes
Jane Malone, ModeratorNational Center for Healthy Housing
Advancing Safe and Healthy Housing Initiative Grantees from
Detroit, Omaha, Los Angeles, and Greensboro
Detroit’s Code Enforcement Efforts:An important tool in the toolbox
Michigan Landlord Penalty Law
Detroit Property Maintenance Code/ Lead Clearances
Using the EPA 1018 Rule
Detroit’s Code Enforcement Efforts:An important tool in the toolbox
Detroit’s Code Enforcement Efforts: An important tool in the toolbox
Michigan Landlord Penalty Law
Passed by Michigan legislature; signed into law at CLEARCorps Detroit offices on December 21, 2004
Enforced by local prosecutors; Wayne County Prosecutors Office (Detroit area) has taken the lead
For housing units with a child under 6 with an EBL of 10ug/dL and greater
271HOUSES MADE
LEAD SAFE
…if rental property owner has ‘actual knowledge’ about lead hazards in property and does not address within 90 days…
Criminal misdemeanor statute: 90 days to fix Fines can be $5000 or 93 days in jail or both
Detroit Property Maintenance Code/Lead Clearance
Passed by Detroit City Council; took effect January 1, 2004
Enforced by Detroit Buildings, Safety Engineering and Environment Department
Detroit Enforcement Work Group has taken the lead in monitoring
All rental properties must get an annual Certificate of Compliance with a Lead Clearance Certificate
Civil Statute: Fines are $500/$1000/$2000
600+HOUSES MADE
LEAD SAFE
Detroit’s Code Enforcement Efforts: An important tool in the toolbox
Working with HUD to enforce the 1018 Rule
Contacted HUD Enforcement Division and made an agreement to work together on Detroit properties
Researched large rental property owners in Detroit
• With at least 50 properties built before 1978• With at least one property with a confirmed EBL case• Working to help HUD find clarifying info about RPOs
New (or resurrected!) effort in Detroit
Detroit’s Code Enforcement Efforts: An important tool in the toolbox
NEWEST ENFORCEMENT EFFORT…
WORKING TO ASSURE THAT 79,000 (YES, 79,000) ARE DEMOLISHED SAFELY!!
Trying to ENCOURAGE use of enforcement mechanisms during demolition process:
• City Ordinance for safe demo of houses (use of water)• Michigan Department of Environmental Quality
(enforces NESHAPS)• EPA NESHAPS /Visual Emissions
Detroit’s Code Enforcement Efforts: An important tool in the toolbox
Healthy Homes and Code Enforcement in Omaha
Using private dollars to build political will and create infrastructural changes in our city
The Premise
=?
Our Kresge Grant
Hire one full-time City of Omaha Code Inspector who specializes in Healthy Homes
Job Description
Data Collection/Assessment/Information Gathering
Innovation/Developing Tools/Establishing Communication Processes
Where’s Wyatt?
=?
Trinity Park Pilot ProjectA partnership between:
LA County Department of Public Health – Environmental Health DivisionStrategic Actions for a Just Economy
Neighborhood Legal ServicesSt. John’s Well Child & Family Center
Inner City Law Center Esperanza Community Housing Corporation
The Trinity Park Community
South of Downtown LA, East of USC
Goals
• Improve inspection access to more units in areas with high concentrations of slum housing• Increase the thoroughness of County code
enforcement inspections • Establish protocols that decrease pesticide
spraying and increase the use of IPM, which is a more effective and less harmful way to eradicate pest infestations
The Tenants in Action (TIA) mobile app is designed to facilitate communication
between tenants living in slum housing and regulatory agencies
in South Los Angeles. The app facilitates the submission of
housing violations directly to Los Angeles City agencies using conversational language, in
English or Spanish.
Tenants in Action Mobile App
Tenants In Action (TIA) is a collaboration between:
• South LA Community Members• Strategic Actions for a Just Economy (SAJE)• USC Institute for Multimedia Literacy (IML)
Tenants in Action Mobile App
Code Compliance:Greensboro NC
• minimum housing safety code• Inspections but no enforcement
1960’s to 2003
• city council adopted proactive rental inspections
• Sharp decline in substandard housing2003-2011
• State legislature prohibited cities from doing proactive inspections, due to rental industry lobby
• Significant deterioration of housing conditions2011
• City council adopted new policy• Political will, new inspection management &
training2013
Advocating for a Policy Change
• Complaint, petition, referral: “reasonable cause”• Inspection: violation & hearing notice to owner, then issue
Order to Repair by specific date• Civil penalties ($200 + $75/day until repaired) &
condemnation if not in compliance with Order• Order to Repair or Demolish & hearing notice• Escalating re-inspection fees each time it fails inspection• Demolition with lien on property for demolition costs
Enforcing Orders to Repair
• Referrals to inspectors are “reasonable cause”• One Touch Greensboro partnership: social service agencies
who see problems when visit homes• Other city employees noticing potential problems when they
are in neighborhoods
• Referrals from inspectors to expedite compliance• Greensboro Housing Coalition helps with relocation in
condemnations, utility reconnection• Repair loans and grants for low income homeowners and
rental owners to assist with repairs
Facilitating Compliance
Motivating Property Owners
Enforcement & assistance: Carrots & sticks
Owner-occupied with code violations
• Counseling about home maintenance
• Referrals for housing rehab loans & grants
Tenant-occupied with code violations
• Advising tenants about options for moving,
• Advising owners about rehab loans & grants
Vacant housing with condemnation order
• Encouraging purchase/rehab
City of Greensboro began imposing civil penalties and re-inspection fees 3/1/14; demolition orders increased fall of 2013
Owners are responding by making repairs or selling property
Number of noncompliant cases is starting to come down now that there are consequences
Tenants, neighbors, and partner agencies are starting to call inspectors before it is too late since they realize code policy can work
Getting Results
Jane Malone, ModeratorNational Center for Healthy Housing
Beth McKee-HugerGreensboro
Michelle KennedyStrategic Action for a Just Economy
Kara Henner EastmanOmaha Healthy Kids Alliance
Mary Sue SchottenfelsClearCorps Detroit