ACTION REQUESTED:
Title
Communication from the City Manager and Community Development Director with a Request to ADOPT an ORDINANCE Amending CHAPTER 5 of the CODE of the City of Peoria Pertaining to INSPECTION OF DWELLINGS.
Body
BACKGROUND: In December of 2018, Council approved changes to the Self-Inspection process administered by the Community Development Department. The purpose of the Self-Inspection form is to provide a baseline starting discussion for a tenant and property owner prior to occupancy of the unit. While a large percentage of our landlord community already completes thorough walk throughs of properties prior to occupancy, this does not always occur. In addition, tenants are traditionally not aware of life and health safety requirements and often focus on cosmetic issues.
Staff has received feedback from multiple sources related to the requirements of the form and proposes making the following ordinance changes:
- Currently, a new form is required to be completed every time a new tenant moves into a property and at least once a year. Staff is proposing to change the requirement to not force landlords to do the walk through of the property annually and only require it every time a new tenant moves into a property. This will reduce the burden on landlords who keep their properties maintained and have tenants in units for an extended period.
- Complete revamp of the identified Life and Health Safety items required on the form. The original list has not been updated for at least 25 years and is very complicated to understand. It was originally created with the intent that trained code enforcement staff would be conducting the inspection and contains very technical language. While the technical language is very important, all of it is still adopted else ware in the code and a requirement for properties to maintain their occupancies. If staff receives a complaint from a tenant, the items can and still will be addressed.
- Remove the requirements of the systematic rental inspection program. The current code says all rental properties will be inspected at least once every seven years. These requirements were put in place when a full Division was funded that included four full time rental inspectors and multiple administrative and management staff. That program has not been funded for multiple years. The Code Enforcement Division will continue to respond to complaints about the interior of rental properties and has undertaken a robust tenant education program the last few years to educate and empower tenants to report issues. Staff has created a very positive relationship with Prairie State Legal Services to ensure tenants are not retaliated against for reporting violations to the City of Peoria.
As staff has indicated in a previous communication, a mobile application is being explored to allow field access for landlords and tenants to be able to complete the inspection forms as they do the walk through of the property. In addition, staff is exploring requiring registration of properties during the time of closing for properties that will become rental properties. Staff is also exploring utilizing the inspection forms completed with Section 8 properties to reduce the redundancy of completing two forms by landlords. Additional ordinances changes may come forward in the future.
Follow up from February 12th, 2019 Peoria City Council Meeting -
Meeting with Prairie State Legal Services - A meeting was held with Prairie State Legal Services to discuss these changes and have them weigh in on the impact of the changes on tenants. They had no major issues with the changes and thought the simplification of the language was a positive step. They did suggest adding in section 5-531 (14) to add “provide documentation to b, c and d. In addition, they are providing feedback and help with the creation of a tenant’s rights and responsibility handout that will be required going forward along with partnering with City staff on more tenant education in 2019.
Elimination of language regarding Systematic Inspections - The ordinance language changes remove the requirement of a systematic inspection for rental properties at least once every seven years but not more often than once every three years. It does not remove the ability of the City to do systematic inspections in the future but removes the timeline involved. The Systematic Inspection Program has not existed for at least twelve years due to staffing cuts in the Community Development Department. In addition, a systematic rental inspection program that is not staffed or equipped to complete routine rental inspections of all rental property in the City of Peoria is very inefficient. Staff time is spent on inspecting properties with no code violations which can be an inconvenience for landlords and tenants. As systematic inspections do not occur, staff has put a strong emphasis on tenant education and the self-inspection process over the last three years. Staff will continue to emphasize these areas, so tenants feel comfortable alerting the City of Peoria when landlords are not making repairs in a timely fashion at rental property. This focus allows limited staff to have a cost-effective focus on landlords and property owners who are not providing quality housing for tenants without painting all rental property with a broad brush.
FINANCIAL IMPACT: na
NEIGHBORHOOD CONCERNS: Quality affordable housing is a major issue for our neighborhoods and communities. Simplifying the ordinance language and providing additional educations for tenants will continue to improve our housing stock.
IMPACT IF APPROVED: Self Inspection form will only be required when a new tenant moves into a property and the form will be simplified.
IMPACT IF DENIED: Current policies and processes will remain in place.
ALTERNATIVES: na
EEO CERTIFICATION NUMBER: na
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Beautiful Peoria
2. Grow Peoria
3. Financially Sound City Government
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reinvest in neighborhoods.
2. Have an efficient government.
3. Reduce crime.
DEPARTMENT: Community Development