Advancing Rental Property Owner Compliance with Codes Jane Malone, Moderator National Center for Healthy Housing Advancing Safe and Healthy Housing Initiative Grantees from Detroit, Omaha, Los Angeles, and Greensboro

Detroit’s Code Enforcement Efforts: An important tool in the toolbox

Michigan Landlord Penalty Law Detroit Property Maintenance Code/ Lead Clearances Using the EPA 1018 Rule Detroit’s Code Enforcement Efforts: An important tool in the toolbox

Michigan Landlord Penalty Law  Passed by Michigan legislature; signed into law at CLEARCorps Detroit offices on December 21, 2004  Enforced by local prosecutors; Wayne County Prosecutors Office (Detroit area) has taken the lead  For housing units with a child under 6 with an EBL of 10ug/dL and greater 271 HOUSES MADE LEAD SAFE  …if rental property owner has ‘actual knowledge’ about lead hazards in property and does not address within 90 days…  Criminal misdemeanor statute:  90 days to fix  Fines can be $5000 or 93 days in jail or both

Detroit Property Maintenance Code/Lead Clearance  Passed by Detroit City Council; took effect January 1, 2004  Enforced by Detroit Buildings, Safety Engineering and Environment Department  Detroit Enforcement Work Group has taken the lead in monitoring  All rental properties must get an annual Certificate of Compliance with a Lead Clearance Certificate  Civil Statute: Fines are $500/$1000/$ HOUSES MADE LEAD SAFE Detroit’s Code Enforcement Efforts: An important tool in the toolbox

Working with HUD to enforce the 1018 Rule Contacted HUD Enforcement Division and made an agreement to work together on Detroit properties Researched large rental property owners in Detroit With at least 50 properties built before 1978 With at least one property with a confirmed EBL case Working to help HUD find clarifying info about RPOs New (or resurrected!) effort in Detroit Detroit’s Code Enforcement Efforts: An important tool in the toolbox

NEWEST ENFORCEMENT EFFORT… WORKING TO ASSURE THAT 79,000 (YES, 79,000) ARE DEMOLISHED SAFELY!! Trying to ENCOURAGE use of enforcement mechanisms during demolition process: City Ordinance for safe demo of houses (use of water) Michigan Department of Environmental Quality (enforces NESHAPS) EPA NESHAPS /Visual Emissions Detroit’s Code Enforcement Efforts: An important tool in the toolbox

Healthy Homes and Code Enforcement in Omaha Using private dollars to build political will and create infrastructural changes in our city

The Premise =?=?=?=?

Our Kresge Grant Hire one full-time City of Omaha Code Inspector who specializes in Healthy Homes

Job Description Data Collection/Assessment/Information Gathering Innovation/Developing Tools/Establishing Communication Processes

Where’s Wyatt? =?=?=?=?

Trinity Park Pilot Project A partnership between: LA County Department of Public Health – Environmental Health Division Strategic Actions for a Just Economy Neighborhood Legal Services St. John’s Well Child & Family Center Inner City Law Center Esperanza Community Housing Corporation

The Trinity Park Community South of Downtown LA, East of USC

The players: County inspectors CHWs Tenant organizers Attorneys Healthcare providers/mobile health unit The Plan: Comprehensive, collaborative approach between code enforcement and community based agencies

Goals Improve inspection access to more units in areas with high concentrations of slum housing Increase the thoroughness of County code enforcement inspections Establish protocols that decrease pesticide spraying and increase the use of IPM, which is a more effective and less harmful way to eradicate pest infestations

The Tenants in Action (TIA) mobile app is designed to facilitate communication between tenants living in slum housing and regulatory agencies in South Los Angeles. The app facilitates the submission of housing violations directly to Los Angeles City agencies using conversational language, in English or Spanish. Tenants in Action Mobile App

Tenants In Action (TIA) is a collaboration between: South LA Community Members Strategic Actions for a Just Economy (SAJE) USC Institute for Multimedia Literacy (IML) Tenants in Action Mobile App

Code Compliance: Greensboro NC

minimum housing safety code Inspections but no enforcement 1960’s to 2003 city council adopted proactive rental inspections Sharp decline in substandard housing State legislature prohibited cities from doing proactive inspections, due to rental industry lobby Significant deterioration of housing conditions 2011 City council adopted new policy Political will, new inspection management & training 2013 Advocating for a Policy Change

Complaint, petition, referral: “reasonable cause” Inspection: violation & hearing notice to owner, then issue Order to Repair by specific date Civil penalties ($200 + $75/day until repaired) & condemnation if not in compliance with Order Order to Repair or Demolish & hearing notice Escalating re-inspection fees each time it fails inspection Demolition with lien on property for demolition costs Enforcing Orders to Repair

Referrals to inspectors are “reasonable cause” One Touch Greensboro partnership: social service agencies who see problems when visit homes Other city employees noticing potential problems when they are in neighborhoods Referrals from inspectors to expedite compliance Greensboro Housing Coalition helps with relocation in condemnations, utility reconnection Repair loans and grants for low income homeowners and rental owners to assist with repairs Facilitating Compliance

Motivating Property Owners Enforcement & assistance: Carrots & sticks Owner-occupied with code violations Counseling about home maintenance Referrals for housing rehab loans & grants Tenant-occupied with code violations Advising tenants about options for moving, Advising owners about rehab loans & grants Vacant housing with condemnation order Encouraging purchase/rehab

City of Greensboro began imposing civil penalties and re-inspection fees 3/1/14; demolition orders increased fall of 2013 Owners are responding by making repairs or selling property Number of noncompliant cases is starting to come down now that there are consequences Tenants, neighbors, and partner agencies are starting to call inspectors before it is too late since they realize code policy can work Getting Results

Jane Malone, Moderator National Center for Healthy Housing Beth McKee-Huger Greensboro Michelle Kennedy Strategic Action for a Just Economy Kara Henner Eastman Omaha Healthy Kids Alliance Mary Sue Schottenfels ClearCorps Detroit