Tenants in Eugene faced with dangerous or unhealthy living conditions have protection with a two-year-old city ordinance that was scheduled to sunset next year, but on Monday the Eugene City Council unanimously voted to make the program permanent and asked for modifications to strengthen it.
That could give students a permanent local resource to help them resolve maintenance conflicts with a landlord or property owner.
City officials logged more than 4,500 phone calls responding to inquiries or making complaints concerning inadequate living conditions over the first two years of the program, and with the help of local assistance, Eugene residents who have conflicts with a landlord or property management firm can resolve them without appealing to the state or county.
“All of the things in this ordinance are also in the state or county codes in some form or another, but this city program will help make it an easier, quicker and hopefully a less expensive process for Eugene residents,” said Rachelle Nicholas, the code enforcement supervisor for the Eugene Planning and Development Department.
Renters suffering from below-minimum living criteria in the areas of structural integrity, plumbing, heating and weatherproofing can notify an owner or property manager of the problem. Under the law, the owner must respond to the alleged violation within 10 days, and if left unresolved, the tenant may file a complaint with the city.
The city then processes the complaints and notifies the owner of any legitimate claim. Any repairs must be made within 10 days of receiving a valid complaint notice from the city. An owner’s failure to do so can result in fines of up to $2,000 per day.
In the first two years, 78 legitimate complaints have been filed by the city, and six of the properties had additional safety concerns and were declared as dangerous buildings.
“We want to make sure we have a safe living environment for all renters in Eugene, especially low-income people who often tend to be students,” said Mike Clark, a city councilor.
But safety provisions in the current ordinance weren’t safe enough for city councilors.
In the Monday meeting, the city council requested staff to include several enhancements for the protection of renters. Mold and mildew cleaning and prevention heads the list of enhancements. Both are caused by leaky roofs or bathrooms with inadequate ventilation, Nicholas said. Also included are mandatory installation of smoke detectors and security measures such as making sure windows and doors have working locks.
Smoke detectors are already included in the state requirements, and Jim Straub, vice-president of the Lane County Rental Owners Association, said the state and county ordinances are “more than adequate” to handle any problem a tenant can have. Oregon is “unique” in that “we’re more balanced and fair than many states” and “we have with clear laws here,” he added.
“When a landlord gets in front of a judge and they haven’t done something right, wow! They get the hammer put down on them. Oregon judges make an example of bad landlords,” Straub said.
Funding for the program comes from a $10 per-rental fee paid each year by the owner or property management company. In the second year of the program there were 5,167 parties responsible for 27,365 units, according to the Eugene Planning and Development Department.
During the two years since the ordinance began, the city generated $572,482 in total revenue, making the property owners’ average cost of each valid claim more than $7,300. Straub, who also manages and rents out 48 houses in Eugene-Springfield, felt that cost is excessive for property owners.
“There’s not a big enough problem to warrant a city-wide code, especially at $7,000 per complaint,” he said.With more than a $500,000 of revenue from the program, the city was left with more than $90,000 in surplus funds.
“We’re asking for too much, more money than was necessary,” Councilor Clark said, adding that he advocated reducing the fee to $8 per year.
Straub also suggested that there are a few “bad apples” out there in the area’s property management companies, and said it’s these “bad ones that make the good guys look bad.”
Considered one of the more reputable companies in the area by other landlords, including Straub, Chinook Property Management has rentals in the University area, many to students.
“We have a really good relationship with our students,” said Bethany Calhoon, office manager for Chinook. “And if (tenants) have trouble accessing the help they need from the state or county and they can find the help they need from the city, then it’s a great idea.”
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City ordinance extension will aid local renters
Daily Emerald
October 11, 2007
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