Richardson looks at revising rental registration rules
By JULIETA CHIQUILLO
Staff Writer
[email protected]
Published: 04 August 2013 11:40 PM
Updated: 04 August 2013 11:41 PM
Richardson officials are considering changing the city’s rental registration program to throw out a requirement for inspections inside properties.
The current ordinance requires landlords to schedule an interior and exterior inspection with city staff within 30 days of a new tenant moving in. Amendments to the ordinance proposed last week call instead for annual inspections of the exterior only.
Since inspections began in 2012, most landlords and tenants have complied, though city inspectors have met some resistance.
The city has sought two warrants after being denied admission to rental houses. It also cited two landlords for failure to make a property available for inspection. One pleaded no contest, and the other was convicted in municipal court. That landlord appealed to a Dallas County court. On Thursday, the conviction was overturned.
If the ordinance is amended, owners and tenants will be encouraged to allow an interior inspection, but it won’t be mandatory.
“For some people, they will see that as perhaps less taxing on them,” said Don Magner, assistant city manager of community services. “The other thing is that they don’t have to be there, so coordinating schedules wouldn’t be as big of a hassle.”
City officials maintain that the current ordinance is reasonable. They said they revisited it as part of a regular review.
But some critics of the program who welcome the proposed changes and said their objections probably played a role.
For landlord David Farnham, who was cited by the city, the main concern is tenants’ right to privacy.
“Whatever the reason is, I think it’s a good move for the city not to be forcing themselves on people,” said Farnham, who owns two rental properties in Richardson.
Richardson’s rental registration program is a decade old, but inspections were introduced only in January 2012. The city has conducted 1,022 inspections through July, and only one property has failed.
Of the 10,231 code violations that have been identified, 88 percent are exterior.
City Council members indicated at a July 29 work session that they would support amending the ordinance.
“That’s what brings property values down — when you have homes that at least on the exterior do no meet the standards that we feel they need to meet for health and safety reasons,” council member Steve Mitchell said.
According to the ordinance, city inspectors need the occupant’s permission to enter a home. If permission is denied, the city can seek a warrant.
The proposed amendment would keep the option of a warrant when a tenant refuses an exterior inspection.
Peter Balbus, who has rented a home on Windsor Drive for six years, also favors the planned revisions. He said interior inspections are a legitimate service when tenants want them.
“This is the way the program should have been from the beginning,” he said.
Last fall, Balbus refused to let city employees into his home after his landlord scheduled an inspection. He said the city later obtained a warrant but didn’t execute it.
“I didn’t want the inspection; I don’t need the inspection,” he said. “I have absolutely no issue with my landlord, who’s wonderful.”
The city then cited Balbus’ landlord, Wendy Moore, who lives across the street. A municipal court jury found her guilty of failing to make the property available for inspection. She was fined $1,500.
The conviction was overturned after Moore and her husband, Luke Lukas, filed an appeal in April.
Magner said the city won’t prosecute outstanding citations or court cases that would be rendered moot by the proposed changes once adopted.
Other North Texas cities that have rental registration programs include Garland, Little Elm, Coppell and Carrollton. Garland was forced to adjust some of its provisions after being sued.
The revisions to Richardson’s ordinance will go to the council this month for a vote.
Though Farnham embraces the planned revisions, he said his tenants might find even exterior inspections intrusive.
“Some people feel very strongly about their privacy and being treated as equal to anybody else,” he said. “That’s really the issue.”
The rental inspection program since January 2012 has recorded:
1,022 — Rental house inspections
1 — Property that has failed inspection
10,231 — Code violations identified
177 — Citations for failure to register property, renew registration or pay $75 renewal fee
2 — Citations for failure to make a property available for inspection
1 — Conviction for failure to make property available for inspection, which has been overturned
2 — Number of warrants sought for inspections
http://www.dallasnews.com/news/community-news/richardson-lake-highlands/headlines/20130804-richardson-looks-at-revising-rental-registration-rules.ece
Staff Writer
[email protected]
Published: 04 August 2013 11:40 PM
Updated: 04 August 2013 11:41 PM
Richardson officials are considering changing the city’s rental registration program to throw out a requirement for inspections inside properties.
The current ordinance requires landlords to schedule an interior and exterior inspection with city staff within 30 days of a new tenant moving in. Amendments to the ordinance proposed last week call instead for annual inspections of the exterior only.
Since inspections began in 2012, most landlords and tenants have complied, though city inspectors have met some resistance.
The city has sought two warrants after being denied admission to rental houses. It also cited two landlords for failure to make a property available for inspection. One pleaded no contest, and the other was convicted in municipal court. That landlord appealed to a Dallas County court. On Thursday, the conviction was overturned.
If the ordinance is amended, owners and tenants will be encouraged to allow an interior inspection, but it won’t be mandatory.
“For some people, they will see that as perhaps less taxing on them,” said Don Magner, assistant city manager of community services. “The other thing is that they don’t have to be there, so coordinating schedules wouldn’t be as big of a hassle.”
City officials maintain that the current ordinance is reasonable. They said they revisited it as part of a regular review.
But some critics of the program who welcome the proposed changes and said their objections probably played a role.
For landlord David Farnham, who was cited by the city, the main concern is tenants’ right to privacy.
“Whatever the reason is, I think it’s a good move for the city not to be forcing themselves on people,” said Farnham, who owns two rental properties in Richardson.
Richardson’s rental registration program is a decade old, but inspections were introduced only in January 2012. The city has conducted 1,022 inspections through July, and only one property has failed.
Of the 10,231 code violations that have been identified, 88 percent are exterior.
City Council members indicated at a July 29 work session that they would support amending the ordinance.
“That’s what brings property values down — when you have homes that at least on the exterior do no meet the standards that we feel they need to meet for health and safety reasons,” council member Steve Mitchell said.
According to the ordinance, city inspectors need the occupant’s permission to enter a home. If permission is denied, the city can seek a warrant.
The proposed amendment would keep the option of a warrant when a tenant refuses an exterior inspection.
Peter Balbus, who has rented a home on Windsor Drive for six years, also favors the planned revisions. He said interior inspections are a legitimate service when tenants want them.
“This is the way the program should have been from the beginning,” he said.
Last fall, Balbus refused to let city employees into his home after his landlord scheduled an inspection. He said the city later obtained a warrant but didn’t execute it.
“I didn’t want the inspection; I don’t need the inspection,” he said. “I have absolutely no issue with my landlord, who’s wonderful.”
The city then cited Balbus’ landlord, Wendy Moore, who lives across the street. A municipal court jury found her guilty of failing to make the property available for inspection. She was fined $1,500.
The conviction was overturned after Moore and her husband, Luke Lukas, filed an appeal in April.
Magner said the city won’t prosecute outstanding citations or court cases that would be rendered moot by the proposed changes once adopted.
Other North Texas cities that have rental registration programs include Garland, Little Elm, Coppell and Carrollton. Garland was forced to adjust some of its provisions after being sued.
The revisions to Richardson’s ordinance will go to the council this month for a vote.
Though Farnham embraces the planned revisions, he said his tenants might find even exterior inspections intrusive.
“Some people feel very strongly about their privacy and being treated as equal to anybody else,” he said. “That’s really the issue.”
The rental inspection program since January 2012 has recorded:
1,022 — Rental house inspections
1 — Property that has failed inspection
10,231 — Code violations identified
177 — Citations for failure to register property, renew registration or pay $75 renewal fee
2 — Citations for failure to make a property available for inspection
1 — Conviction for failure to make property available for inspection, which has been overturned
2 — Number of warrants sought for inspections
http://www.dallasnews.com/news/community-news/richardson-lake-highlands/headlines/20130804-richardson-looks-at-revising-rental-registration-rules.ece