HomeMy WebLinkAbout02-16-2017 Item 01 - Rental Housing Inspection Program Workshop Meeting Date: 2/16/2017
FROM: Michael Codron, Community Development Director
Prepared By: Teresa L. Purrington, Code Enforcement Supervisor
SUBJECT: SPECIAL MEETING REGARDING RENTAL HOUSING INSPECTION
PROGRAM
RECOMMENDATION
Conduct a facilitated workshop designed to enable a diverse group of participants to engage in an
open exchange of ideas, define problems, and propose solutions for the Rental Housing
Inspection Program.
WORKSHOP OVERVIEW
The City of San Luis Obispo is hosting a facilitated workshop at the Veterans Hall on February
16, 2017, beginning at 6:00 PM. The agenda involves:
The Mayor and Council Members welcome the community and share their expectations
for the workshop.
For information and context, staff provides a brief history of RHIP, outlines current data,
and highlights alternative programs used in other communities.
Community engages in facilitated small and large group structures designed to enable a
free flow of thoughtful, robust, and innovative discussions with the goal of creating
workable solutions.
Community proposes solutions to council for consideration and questions. A brief public
comment period to capture individual input.
Time at the conclusion of the meeting for the City Council to consider the proposals and
comments, and provide direction to staff on next steps.
Facilitators
The City has engaged two facilitators to design a process that would support a full discussion of
issues and support an open exchange of ideas. Samson Blackwell is a practitioner of both Lean
and Liberating Structures approaches. He has facilitated successful small and large-scale change
efforts in healthcare, education, and other industries. Scott Radovich is a local attorney who has
mediated over 1,500 disputes.
BACKGROUND
Between 2003 and 2017 various City Councils have identified Neighborhood Wellness as a
budget priority with a variety of expected outcomes, including improved safety, improved
maintenance and appearance, and improved relationships between neighbors. These work efforts
have involved significant cross-departmental collaboration at the City, and enabled increased
dialogue between long-term residents and short-tenure residents, such as Cal Poly and Cuesta
students. (Agenda Reports for each of the meetings that City Council has discussed the need for
Packet Pg. 3
1
a RHIP are available in the Council Reading File, Attachments A - E)
Over this same period, the trend of converting single-family, owner-occupied homes to rental
units has continued. During past goal setting processes, residents expressed concerns about the
impacts this situation has had on the overall quality of life of the City’s neighborhoods, the
condition of the City’s housing stock, and resident safety.
In the 2013-15 Financial Plan the City Council approved a Major City Goal work program that
included a more detailed focus on developing an inspection program. Staff undertook a
comprehensive study of various programs throughout California and beyond in an attempt to
provide information on best practices for the Council to consider. Another resource used in the
development of the current program was “A Guide to Proactive Rental Inspection Programs,”
written by Change Lab Solutions, which is based on extensive research on proactive rental
inspection programs (Attachment F). The current Rental Housing Inspection Program (RHIP)
was implemented last year (the first inspections took place in April 2016).
Program Objectives and Public Concerns
The objective of the RHIP is to safeguard the public and preserve the city’s neighborhoods and
housing stock by insuring that rental housing units are maintained in a safe and sanitary
condition in accordance with State Housing Law, State Building Standards, and local property
maintenance and zoning standards. However, leading up to and during the implementation of the
program, many community members expressed their concerns regarding program cost and
invasion of privacy due to the mandatory nature of inspections. The City Council adopted the
program with legal requirements and resident concerns about privacy in mind and the program
has been implemented consistent with applicable law, based on the following principles in
implementing the regulations:
1. The City recognizes that lawful entry for inspections requires either consent by the
property owner and/or tenant or a court issued inspection warrant;
2. The Council adopted the program with that awareness and there have never been and will
not be any inspections conducted without consent or a court issued warrant.
3. The only potential for prosecution by the City pursuant to the ordinance would be for
willful non-compliance with a validly issued court warrant permitting inspection; even in
that instance, the City would attempt to work with property owners and/or tenants to
identify other workable alternatives to achieve compliance (prosecution as a last resort
following obtaining a warrant is reflected in the program flow chart presented to Council
prior to program adoption)
Attachment G contains an expanded legal analysis regarding the Fourth Amendment and RHIP.
Other notable concerns were that the program would reduce the number of bedrooms and units
available for rent, and that landlords would simply pass program costs onto tenants, thereby
driving up the cost of housing in the City.
Attached is current information regarding the results of the inspections that have occurred to date
(see Attachment H).
Packet Pg. 4
1
Program Alternatives
To provide ideas of alternative approaches, a sample of successful programs or program
elements from other cities is included below:
1. Allow self-certification (for all initial registrations; or, for all residential units that have
received permits and had approved construction within a specified period, e.g. 3 years,
prior to the registration date). (City of Santa Cruz and City of Sacramento)
2. Eliminate the mandatory nature of the inspection program (e.g. Safe Housing
Certification with voluntary inspection and/or incentives for program participation). (City
of Berkeley)
3. Implement an expanded education program for tenant support. (Cal Poly San Luis
Obispo)
4. Create an inspection upon sale program to replace generally applicable inspections. (City
of Santa Barbara)
5. Consider different programs adopted by other jurisdictions that would be a good fit for
the City of San Luis Obispo.
Attachments:
a - Council Reading File - 03/01/2005 Council Agenda Report - Rental Property Inspection
Program
b - Council Reading File - 09/29/2009 Council Agenda Report - Strategies To Reduce
Neighborhood Noise and Party Disturbance
c - Council Reading File - 12/16/2014 Council Agenda Report - Rental Housing Inspection
Program
d - Council Reading File - 05/05/2015 Council Agenda Report - Rental Housing Inspection
Program
e - Council Reading File - 05/17/2016 Council Agenda Report - Annual Report Regarding
Rental Housing Inspection Program
g - Council Reading File - Fourth Amendment Review
f - Council Reading File - Change Lab Solutions Proactive Rental Inspection Programs
Guide
h - Council Reading File - Update on Registation and Inspection for RHIP
Packet Pg. 5
1
Page intentionally left
blank.
Packet Pg. 6
1
3/27/2017
1
Rental Housing Inspection
Program
Special Meeting - February 16, 2017
Presentation Overview
Neighborhood Wellness Background
What We’ve Learned from Conducting 915
Inspections
Alternative Programs/Approaches to Consider
3/27/2017
2
Neighborhood Wellness
2003-05: Improve Neighborhoods… including consideration of a
rental inspection ordinance
2005-07: Continue neighborhood services programs … move
forward with Neighborhood Wellness/Community Participation Plan
2007-09: Increase building and zoning code enforcement to
promote neighborhood wellness and community appearance
2011-13: Embrace and implement pro-active code enforcement and
Neighborhood Wellness Policies
2013-15: Continue to support proactive code enforcement, pursue
a residential rental inspection program
2015-17: Improve neighborhood wellness… increase public safety,
code compliance, and collaborative solutions
Rental Housing Inspection Program
Purpose
To safeguard the public and preserve the city’s
neighborhoods and housing stock
Insure that rental units are maintained in a safe and
sanitary condition
Proactively identify substandard and unsafe residential
rental units
Ensure rehabilitation or elimination of unsafe conditions
3/27/2017
3
Properties Inspected
Inspection Results
915 Inspections performed
152 No corrections needed
422 Corrections completed
341 Corrections outstanding
3/27/2017
4
Inspection Results
Most common corrections required…
Electrical
Smoke Detectors
Carbon Monoxide Detectors
Water Heaters
Electrical Panels
Alternative Approaches
Within the context of a proactive inspection program…
Allow self-certification for all initial registrations (Santa
Cruz)
Use inspection upon sale approach instead of generally
applicable inspections (Santa Barbara)
Within the context of a complaint-based code
enforcement program…
Refocus code enforcement program on priorities to be
defined by the City Council with public input
Implement an expanded education program for tenants
3/27/2017
5
Alternative Approaches
Within the context of an incentive based program.
Offer safe housing certificates for property owners that elect to
participate (Berkeley)
Offer one-stop shop assistance for property owners that are
interested in adding bedrooms or making other investments in
their properties
City Council Questions for Staff
Fact sheets are provided to share information learned
Staff is available to answer questions for participants
during small group discussions