When University of Oregon sophomore Forrest Roden moved into his apartment at 1250 Ferry St. last year, the first thing he noticed was the balcony outside his front door – faded green Astroturf was peeling away, revealing rotting wood and rusty nails.
After months of complaining to his landlord, Von Klein Property Management, Roden fell through the balcony, sustaining an injury to his foot and back that forced him to quit his job, reduce his course load and move out of his apartment.
Now, five months later, Roden has successfully worked with the city of Eugene’s Rental Housing Code Enforcement office to make sure the problems were fixed.
In a town filled with college renters, Roden is one of the lucky ones.
City records show that a full two years after adopting a new rental housing code, created as a supplement to state law, few renters have found answers to their rental problems with the city.
The database shows that in the past fiscal year, the city received complaints from only 48 renters, but analysis of numbers from the 2000 census shows that student neighborhoods have occupancy rates as high as 98 percent, suggesting that the code may not be effective.
Before 2004, Eugene renters had to rely on the Oregon Residential Landlord and Tenant Act, ORS 90.
The city created the new rental housing code as a supplement to the state law.
Under city code, students may only file complaints when housing is not “livable.” The code mandates landlords provide homes with a solid structure, safe plumbing, heating and weatherproofing.
Nevertheless, many student renters don’t know the city can help fix their problems, and others have issues that aren’t covered by the code, which is much narrower in scope than state legislation.
“We see our role between renters and landlords as neutral,” said Mark Tritt, a Eugene Code Enforcement Inspector. “Some things are problems, but they don’t fall under the city’s code.”
To file a complaint with the city, a renter is required to file a written complaint with their landlord. If the landlord does not respond within 10 days, then the renter can file a complaint with the city.
Filing a complaint under city code is similar to filing a complaint under state rental code, except city code gives the landlord an additional 10 days to respond to a second complaint filed by the code inspectors.
“They told me the biggest mistake I made was not filing my complaints in writing the first time,” Roden said. “That may be true, but I feel like a lot of landlords take advantage of the fact that students don’t know how the system works.”
The city received 29 complaints for weatherproofing, 12 for plumbing and 11 for structural damage. Nine complaints were filed for insufficient heating and five of the complaints filed were unfounded. The code allows for renters to file complaints in more than one area.
University sophomore Sheila Zigler could have filed a complaint because of inadequate plumbing, but didn’t know about the city code.
Zigler was forced to shower at the Student Recreation Center for two months because her landlord, Stewardship Properties, never came to finish construction on her house – leaving her without a shower or heat.
When Zigler moved in, Stewardship promised her they would finish construction in two weeks, so she paid her first month’s rent.
Nothing happened.
“I felt so helpless,” she said. “It was a horrible experience.”
Zigler found help with the University of Oregon’s office of ASUO Legal Services, a free legal service provided to UO students.
In the past year, legal services received complaints from 160 students about landlord tenant issues – three and a half times more than the city had received for the entire Eugene population.
Laura Fine, a lawyer employed by the ASUO, said about one third of the cases she works on are related to landlord-tenant issues.
“You have to remember that (landlords) are not in the business of renting,” she said. “They are in the business of making money.”
Fine says most students don’t know landlords are required to return security deposits within 30 days or that complaints should always be made in writing.
“It isn’t the job of the landlord to bend over backward and help you,” she said. “They see this as a business.”
Fine handled Zigler’s case, and after she contacted Stewardship, they finished the house within the week.
“It makes me so mad,” said Zigler. “It’s like they never listened to me until I went and got an adult to stand up for me.”
Fine says legal services provides an option for students whose complaints don’t fall under the city’s scope of legislation.
Common problems, such as the return of security deposits, insect infestations, mold and cooking appliance failures are not covered under city code, but are legally actionable.
University junior Kelly Kern-Craft has struggled with mold damage in her Hilyard Street studio. Early this year, her foot went through her kitchen floor, which was infested with dry rot. She has spent the past year calling her landlord, Mallard Property Management, to try and report the problem.
Because mold is not covered under the city’s code, Kern-Craft is one of many students whose only other option is legal action.
But going to court can be intimidating for many students, who may not have the time or money to fight a large company. Many students, worried about rental references, choose not to pursue legal action.
A public records search found many of the cases brought against Eugene’s property management companies involved the failure to return security deposits.
Fine says low numbers are the result of out of court settlements. She estimates less than 10 percent of all cases usually make it to court.
“Usually these things get worked out through settlements or negotiations,” she said.
Both Tritt and Fine say one of the biggest problems they face in helping students is a lack of awareness. In the past year, city officials have compiled a database of all rental properties in Eugene. They mail postcards containing information about the program and how to file a complaint.
Tritt says the office also leaves door hangers in student neighborhoods.
“It’s an ongoing challenge to get the word out,” Tritt said.
The housing standards section of the rental code takes up only a little more than half a page, leaving many students to fall through the cracks. Despite the 48 Eugene renters who did file complaints, the code’s narrow scope results, perhaps, in many more who didn’t.
Students say the guaranteed market of renters in the West University neighborhood causes local landlords to cut corners – providing unsatisfactory service and unsafe
living conditions.
“I know these repairs are expensive,” said Erin Heflin, a Bell Real Estate renter who eventually had to move out of her apartment because of mold damage. “But I guess it is cheaper for them to wait for the next wave of unknowing college students.
“There is such a high demand for housing there will always be someone to rent no matter what state they keep the buildings in.”
By The Numbers
98% The occupancy rate in student neighborhoods.
160 Students filled complaints with ASUO Legal Services about landlord tenant issues.
48 Complaints were filled throughout the entire city under the rental housing code during the last fiscal year.
29 for weatherproofing
for plumbing 12
11 for structural damage
for insufficient heating 9
5 were unfounded