rental housing workgroup update · no rental licensing program in alleghany, calvert, cecil,...
TRANSCRIPT
Rental Housing
Workgroup Update
May 12, 2020
Presenters
Don Litten, Building Code Official
Danielle Mitchell, Associate County Attorney
Slide 2
History of Rental Housing
Registration Consideration
➢ 2008 Rural Housing Improvement Initiative Task Force
Task force presented recommendations, to include registration
program. Commissioners elected to focus efforts on assisting with
improving housing conditions through Indoor Plumbing Program for
failing and nonexistent plumbing in residential units.
➢ 2011 Property Standards Task Force (PSTF)
The task force considered, but ultimately did not support,
recommending implementation of a licensing program, due to
concerns about costs, enforcement and added bureaucracy. Shortly
thereafter, the Commissioners adopted the International Property
Maintenance Code (IPMC), and the PSTF was tasked with monitoring
its ability to address concerns with rental properties.
*Community Services conducts Quality Standards Inspections as required for
Housing Choice Voucher Program. It does not inspect non-voucher residential
units.
Slide 3
Trends in Rental Housing Complaints ➢ Between 2012 through 2018, Codes Permits & Inspection
Services (CPIS) received an average of 15-20 complaints per
year for issues related to unsafe living conditions in tenant-
occupied residential units.
➢ Approximately 60 complaints related to unsafe living
conditions in tenant-occupied residential units received in
2019, a dramatic increase from previous years.
-24-30 cases were brought into compliance with the assistance
of CPIS. Remaining complaints could not be resolved by CPIS
with enforcement of IPMC.
➢ Examples of Complaints:-Electrical (electrical surges, dips in power, electrical shocks,
exposed wires)
-Plumbing (leaking water and/or waste pipes, broken water
and/or waste pipes, clogged drains and toilet)
-Homes with additional makeshift bedrooms (e.g. three
bedroom converted to five or six bedrooms without proper egress)
-Missing smoke and carbon monoxide alarms.
Slide 4
Challenges to Enforcement➢ IPMC ineffective for rental housing enforcement.
IPMC is appropriate for property standards concerning yards, trash
and debris with occupied and vacant properties. Deteriorating
components of the structure sometimes do not have an enforcement
mechanism, as many are not explicit violations of the IPMC.
➢ Enforcement is cumbersome.
Initial violation letters provide 14 to 30 days to bring property into
compliance. 2nd notice sent if no response to 1st notice, providing
additional 14 days. If property remains in violation, legal process
initiated. At least 60 days from the time we refer to County Attorney
before court date. Judge often provides additional 30-60 days to bring
into compliance. Total 5-6 months to bring property with uncooperative
landlord into compliance.
➢ Enforcement is a passive process.
Process is complaint-driven. Problems with some rental housing
persists due to the absence of formal complaints, despite harmful
conditions that are threat to human habitation.
Local Licensing Programs –Town of La Plata and Town of Indian Head
➢ Adopted Chapters in their codes for “Rental for Human Habitation”
that mandates rental licensing and regulation of all rental
dwellings.
-Bi-annual rental inspections are conducted to ensure compliance
with the Town Code Housing Standards and adopted IPMC
-Bi-annual license fee
-Per day fines for non-compliance
-Approx. 400 licensed residential properties in Indian Head
-Approx. 800 licensed residential properties in La Plata
-Code provides Town official ability to issue Show Cause
Orders and revoke rental license if dwelling unit subject to 3 or
more responses by law enforcement in 60-day period
Licensing Programs –
Other Maryland Jurisdictions
➢ 7 Maryland counties have countywide licensing requirements. An additional 6
counties contain municipalities with licensing requirements without countywide
regulations. The following jurisdictions require a rental housing license:
Anne Arundel County – 2 or more units Montgomery County
Baltimore County Prince George’s County
Baltimore City Talbot County – short term rentals only
Caroline County – Denton only Washington County – Hagerstown only
Carroll County – Westminster only Wicomico County – Salisbury only
Dorchester County – Cambridge only Worcester County
Garrett County – short term rentals only *Charles County – La Plata and Indian Head
Howard County
➢ No Rental Licensing Program in Alleghany, Calvert, Cecil, Frederick,
Harford, Kent, Queen Anne’s, St. Mary’s, or Somerset
Benefits of Rental Licensing Program
➢ Develop comprehensive rental housing database using registration
information that may be used to assist citizens in identifying housing
opportunities.
➢ Registration provides needed groundwork for other kinds of rental housing
regulations should they be pursued by the Commissioners in the future
(e.g. rent stabilization, affordable housing initiatives, etc.)
➢ Proactively identify blighted, deteriorated and substandard rental housing
stock and ensure the rehabilitation or elimination of such housing that does
not meet minimum standards.
➢ Once identified through registration, the County can communicate with
property owners to ensure they fully understand their obligations under
applicable code provisions when renting a residential unit.
➢ Government oversight to address life, health and safety issues and prevent
deferred or inadequate maintenance.
➢ Added protections for our more vulnerable residents.
Process for Rental Licensing Program
Implementation
➢ Pursue enabling legislation by the General Assembly to authorize
licensing fee.
➢ Adopt local law for rental housing licensing program.
➢ Update current local law to reflect PGM-CPIS rather than DCS-
Housing as contact agency for housing standards complaints.
➢ Consider options for administration and enforcement of program:
1. Hiring additional CCG staff:
Estimated need for 1 supervisor, 4 inspectors, 1
administrative support and additional attorney/support staff
from CAO.
OR
2. Contracting with third-party vendor
Challenges to Rental Licensing Program
Implementation➢ Funding the Program/Fees for Services:
• Inspection
• Re-inspection
• License
• Penalties for noncompliance
*program may be self sustaining once all initial inspections completed,
and requisite fees paid
➢ Difficulties identifying legal “landlord” in areas like Nanjemoy,
where problems with clearing legal title have previously frustrated
government efforts to improve housing conditions .
➢ Phased-in process to complete inspections for all approx. 12,000-
15,000 rental units within Charles County Government’s
jurisdiction.
Slide 10
SummaryWhile many property owners maintain their properties consistent with
applicable regulations, others require proactive enforcement. Some property
owners do not reside in Charles County and have not delegated management
of their properties. The problem is further complicated by tenants who may be
lower income and fearful that complaining about substandard conditions may
increase their rent to offset cost of repairs to property owner, making it no
longer affordable, or result in the property being deemed uninhabitable and
their families being displaced.
A rental housing licensing program, with an inspection component, would be a
significant step to ensuring residents in Charles County who live in rental
properties have safe housing.
Next Steps➢ Develop fiscal analysis
➢ Draft and distribute targeted rental housing survey to community
stakeholders
➢ Hold one or more community listening sessions
Slide 11
Questions?
Charles County GovernmentMD Relay Service: 7-1-1
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