Landlords and tenants take notice, the Oxford Village Council is once again considering an ordinance that would mandate the registration and inspection of residential rental properties to ensure they meet all applicable codes and ordinances.
A public hearing on the issue is scheduled for 6:30 p.m. Tuesday, Sept. 13. Council meets at 22 W. Burdick St.
“The primary goal of the ordinance is to get a registration in place so that the village officials and safety personnel have knowledge of where people are renting,” explained village attorney Bob Davis.
The proposed ordinance would compel owners of residential rental units within the village to complete and file a registration form with the building official and zoning department. Landlords would be required to provide unit location and contact information, details regarding the number and types of rental units and the maximum number of occupants proposed for each unit, and information about the size of all “habitable rooms.”
There would be no fee to register, however, an initial inspection would be required within 60 days of registration and cost $25.
The ordinance allows for future inspections if complaints about the rental property are made to the village.
It also allows inspections based on referrals from police and fire departments, local inspectors and public agencies; if the exterior of the unit gives the enforcing officer “probable cause to believe the premises are in violation” of the ordinance; or if it’s reported or observed that a unit is “unoccupied and unsecured” or damaged by fire.
If violations are found as a result of a complaint, the owner would be charged an inspection fee of $35. If no violations are discovered following a complaint, no fee would be assessed.
If re-inspections are required as a result of the initial inspection’s findings and/or a notice of deficiency from the village, the first one would be free, however, the second one would be $100 and additional inspections after that would cost $200 each, under the proposed ordinance.
When an inspection is required, the enforcing officer “may request permission” to enter the rental premises “at any reasonable time.” Permission to access the premises can be granted by the owner, his or her agent, a tenant or any other occupant, according to the proposed ordinance.
The enforcing officer would be the village building official or a duly-authorized representative. Violation of this proposed ordinance would be considered a civil infraction.
Council members considered enacting a rental ordinance in 2013, but rejected it immediately following a public hearing during which they received an earful of opposition from property owners and citizens.
Davis admitted the proposed ordinance from three years ago was “a very long version,” but this one is not.
“This is a streamlined version of a registration and inspection ordinance with a focus on registration, which would allow your public safety (personnel) – police, fire and others – to have knowledge of where rental premises are,” he said.
Davis noted the current version is supported by the village’s building official, village police chief, township fire chief and village code enforcement officer.
Village looks to require registration, inspection of residential rental units added by CJ Carnacchio on
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I’m not a renter or a rental owner, but this seems like an extremely excessive overreach by local government. It makes sense that a renter should be able to request an inspection if they have concerns about a property’s compliance with code. However, this doesn’t require any registration or list of properties. The renter would (presumably) have to submit a written request. Requiring them to attach a copy of their rental agreement would be more than sufficient to establish that it is a rental property and that they are the renter. There is no rational reason for an initial inspection. They don’t do a certificate of occupancy for purchased houses, so why would they need to for rentals? It isn’t to protect the renter or the landlord. A statement and/or inspection of the condition of the premises is generally part of a rental agreement anyway. If party requires it, then local government certainly has no need to be involved.
As far as the other provisions, there is absolutely no reason for rental property to be treated differently than any other residential property. Do they currently have authority to carry out inspections on a single family primary residence ” if the exterior of the unit gives the enforcing officer ‘probable cause to believe the premises are in violation’?” If so, then no special law is needed for rentals. If not, then there is no reason they should have this authority with rentals, but not single family primary residences.
Based on what is presented in this article, allowing someone to request in an inspection with proof of rental agreement is reasonable. Everything else contained in this makes no sense, unless it applies to other property types as well. If there are other reasons, then I personally would be open to reassessing my position. Otherwise, no.