HomeMy WebLinkAboutMemo - Read Before Packet - 6/20/2023 - Memorandum From Marcy Yoder And Meaghan Overton Re: Read-Before Memo For Item #23 – Items Relating To Housing Strategic Plan Implementation: Rental Housing Registration ProgramCi
Fort of
Planning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.Q. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov. com
MEMORANDUM
DATE: June 20, 2023
TO: Mayor and City Council Members
THRU: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager 1 .
FROM: Marcy Yoder, Neighborhood Services Manager
Meaghan Overton, Housing Manager
RE: Read -before Memo for Item #23 Items Relating to Housing Strategic Plan
Implementation: Rental Housing Registration Program
This memo is to clarify several issues or questions from the First Reading of the Rental Housing
Program. This information will be a part of the presentation from staff this evening.
1) Additional context to the requested amendment which exempts owner -occupied units
and Mobile Home Park rental units.
2) Consideration of rental complaints up to two weeks after moving out.
3) City Manager's authority to set fees and address low-income applicants.
4) Public Access to records regarding rental registrations and violations.
5) Additional responses to questions from Councilmember Peel (via email 06.19.23).
Amendment
Ordinance No. 086,2023 included the following amendment to Code Section 5-283 (in gray):
Sec. 5-283. Registration required.
(a) An owner of a long-term residential rental dwelling unit shall register it with the City and
comply with the requirements pursuant to this Division.
(b) Long-term residential rental units described in one or more of the following paragraphs
are exempted from the registration requirements of this Article:
(1) A long-term residential dwelling unit occupied by the owner; and
(2) A mobile home rental unit in a mobile home park, as defined and described in
Chapter 18 of this Code.
Additional context and consideration for these two exemptions include the following:
• The City does not know how many owner -occupied units are being rented. The three
scenarios heard most often are:
City of
Fort Collins
Planning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov. com
a Resident that needs to rent a part of their home to maintain ownership and/or age
in place.
o Resident willing to rent part of their home at a reduced rent to assist another person
transitioning into a house of their own. (i.e. person experiencing homelessness or
a recent immigrant or refugee)
o Parent purchasing a house in their student's name and renting to 2 other
roommates.
o These are not typically business opportunities but rather a way to maintain stable
housing for the owner.
• Tenants can continue to request a complaint -based rental inspection if there were
concerns about the unit not meeting minimum health and safety standards or request
mediation services based on the situation.
• The estimated number of mobile homes for rent in Fort Collins is 242 of the approximately
38,000 rental units (less than 1%).
• Mobile home units cannot be purchased with a mortgage loan but can be purchased with
a personal loan or cash like those used to purchase vehicles.
• There are additional protections and resources at both State and local levels for mobile
home residents' rights.
Move -out Inspection
This program proposes an internal policy change to allow Rental Inspectors to contact property
owners regarding permission for a complaint -based "move -out inspection" initiated by a former
tenant up to two weeks following the end of the tenancy. Tenants would need to provide both
detailed descriptions and video or photographic evidence of potential violations. City Staff would
contact the property owner to request entry or documentation that the potential violation was
corrected.
Reduced fees
Council does not need to act on this issue. The Code (Section 5-284(c)) directs the City
Manager to establish a fee schedule for initial and renewal registrations. The amount of
administrative fees set by the City Manager permits the City Manager to consider distinctions
among feepayers and other relevant factors. (Section 7.5-2) Therefore, this fee scale may be
modified as information is gathered during the life of this Rental Housing Registration program.
Most property owners discussed as having this need have been exempted through the
amendment. Staff will continue to monitor the need for reduced fees for low-income landlords
during education and outreach.
Public access to records
More details will be available as the software module is designed. The assumption is that it will
be like what can be found on the Citizens Access Portal currently for building permits and
City of
Fort Collins
Planning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov. com
violations. Residents currently can type an address into the website and view information on
building permits and/or violations. Registrations will likely be similar to building permits and
violations found during a compliant -based rental inspection would also be displayed as
outstanding or resolved.
Responses to follow-up questions from Council
1. Why do we need a rental registry if Utilities (and other providers) have a database of rental
properties? Is there an issue that precludes us from sharing databases?
The only data available from the Utilities database is the aggregate estimate of rental unit
information (pulled from both utility records and the county assessor). There are legal
requirements that protect the Utilities database, therefore other city departments cannot access
individual records of ownership, addressing, etc.
2. If we exclude MH parks and CSU and owner -occupied, are we not excluding the people we
are trying to help? The people who would be affected most by an imbalance of power?
CSU housing is exempt as the city does not regulate activities on its property. The concern from
the community was that requiring registration for mobile homes and owner -occupied was a risk
of displacing the tenants in these types of units. Tenants will still have access to mediation
services and can request complaint -based rental inspections.
3. What is the rationale behind appealing a denial to just one person? Why wouldn't there be
multiple layers to an appeal?
The City Manager is the designated appointee under our Code to hear administrative appeals in
accordance with Chapter 2, Article VI. Administrative decisions of this sort are subject to judicial
review similar to the review of other quasi-judicial decisions by City officials.
4. Why do we need such extensive penalties? Couldn't we just do outreach to have people
comply? Offer incentives? Maybe a deadline with a late fee that goes up like parking tickets?
This program is designed for voluntary compliance and that is the focus of the efforts staff is
describing. We are confident the education and outreach efforts and resources devoted to the
program will yield a high percentage of compliance. However, there may be some
circumstances in which property owners are unaware, unresponsive or unwilling to meet the
City's adopted codes. In those cases, the potential penalties for the failure to register a rental
are the same as for any civil infraction under the Code. Similar to parking tickets, there is an
escalating fine schedule that would apply before going beyond a financial penalty. The language
in the rental program code mirrors enforcement language for many other city regulations. These
penalties are set out in the Code and what penalties apply are determined through proceedings
in Municipal Court.
5. Why are we taking a punitive approach instead of a collaborative approach?
This program is designed for collaboration among landlords, tenants and the city, and voluntary
compliance is the focus. We are confident the education and outreach efforts and resources
City of
Fort Collins
Planning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
devoted to the program will yield a high percentage of collaboration and compliance. The code
outlines enforcement actions, only if compliance is not reached. This is similar to our current
nuisance code, and we would expect the same results of over 90% voluntary compliance.
6/20/2023
Fort of
dal Hqysingfrogramiapond.Beading
Housing Strategic Plan Implementation
Meaghan Overton. Housing Manager, Sustaina iliiy Services
Marcy Ydder, Neighborhood Services Manager
6-20-23
1
Fort S
Background + Policy Alignment
• Strategy 20 - Explore the option of a mandated rental
license/registry program and pair with best practice
rental regulations.
OUR
CLIMATE
FUTURE
Big Move 7: Healthy, Affordable Housing
• HAH6: Explore mandated rental license/rental
registry
2
1
6/20/2023
Fort ins
Background + Policy Alignment
by are we looking at a rental registration program?
• Greatest Challenge #7: Housing policies
have not consistently addressed housing
stability and healthy housing, especially for
people who rent
• Community engagement: a desire to
proactively ensure healthy, safe units and
maintain neighborhood quality of life
Increase
Accessibility
(2)
Preserve
Existing
Affordable
Housing (S)
Increase
Housing
Supply &
Affordability
(12)
Key
Outcomes
Improve
housing equity
(11)
Increase
Housing
Diversity /
Choice (12)
Increase
Stability I
Renter
Protections )
(11)
3
-Fort Collins
Background + Policy Alignment 4
Purpose of a rental registration program
• Track and manage data about rental
properties to better understand housing
needs and trends
• Increase education, outreach, and mediation
resources for both tenants and landlords
• Improve systems and implementation of
complaint -based inspections
• Ensure rental properties meet minimum
health and safety standards on a complaint
basis
4
2
6/20/2023
Fort Collins
Additional Information Medaation
Education
& Outreach
Complaint -
Based
System
Improvement
5
,For Collins
Additional Information
Additional information requested re►ardins:
• Amendment that could exempt owner -
occupied and mobile home rental units.
• Allowing complaint -based rental
inspections up to two weeks after
vacating the unit.
• Possibility of reduced fees or sliding fees
for low-income landlords.
• Privacy considerations and public access
to rental registrations and violations.
Enhanced
Mediation
Rental
Registration
u u
Education
& Outreach
Complaint -
Based
System
Improvement
6
3
6/20/2023
Fort Collins
Amendment
Rental Propert Registration
Amendment
Ordinance No. 086,2023 included the following amendment to Code Section 5-283 (in gray):
Sec. 5-283. Registration required.
(a) An owner of a long-term residential rental dwelling unit shall register it with the City and
comply with the requirements pursuant to this Division.
(b) Long-term residential rental units described in one or more of the following paragraphs are
exempted from the registration requirements of this Article:
(1) A long-term residential dwelling unit occupied by the owner; and
(2) A mobile home rental unit in a mobile home park, as defined and described in Chapter 18
of this Code.
7
Fort�ns
Move — Out Inspections
Complaint -Based Inspections
• Complaint -based rental inspections could be
requested within two weeks of vacating the rental
unit.
• Detailed descriptions and either video or
photographic evidence of the potential violations
would need to be submitted.
8
4
6/20/2O23
Gty of
_Fort Collins
Fee Schedule
Reduced Fees for Lower -Income Landlords
• Council does not need to act on this issue.
• City Manager establishes fee schedules and can
permit considerations of distinctions among
feepayers and other relevant factors.
9
city0
Fort Collins
Public Access
10
Public Records
• Subject to Colorado Open Records Act (CORA)
request processes and practices
• Software design dictates information available to
the public outside of a CORA request
• Current software design for Building Services:
• Accessible through Citizen's Access Portal by
address
• Permit types and history
• Building violation types and history
10
5
6/20/2023
THANK YOU!
Fort of
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