Posted: Wednesday, October 31, 2007 12:00 am
The plan to test out a new "landlord accountability ordinance" in Cedar Falls is sure to strike up some arguments, but it is worth a look.
Based on an ordinance used in Gainesville, Fla., home of the University of Florida, the plan would assess landlords a certain number of points for various infractions. Once 15 points is reached in any consecutive 12-month period, the landlord's rental permit could be revoked for the apartment in question. The revocation would last six months for a first offense or 12 months for subsequent offenses.
City staff is setting up a one-year trial period to test the system and the appeals process.
In a memorandum from Mayor Jon Crews to City Council members, the ordinance was spelled out.
"It shall be the responsibility of the owner of each dwelling unit that is subject to the provisions of this article to assure that the use and occupancy of such dwelling unit does not unreasonably interfere with or adversely affect the rights of nearby residents to the quiet enjoyment of their property, and does not disturb the health, safety, comfort or general welfare of the occupants of surrounding properties," it read in part.
Sounds reasonable. Landlords with a genuine concern for the neighborhoods in which their dwellings sit should not feel threatened.
However, absentee landlords and owners of rental properties that continuously generate complaints from neighbors about loud parties, or any variety of infractions, may be feeling a bit nervous.
But even landlords with the best intentions could get burned.
Fifteen or more points could easily be racked up during a single incident - such as a house party. Loud parties in violation of the code could net five points. Underage possession of alcoholic liquor, wine or beer in violation of the code is a 10-pointer.
So a landlord could be facing the punishment based on one evening with no warning. It could happen the weekend after the move-in.
We can see why landlords would be apprehensive about implementing the ordinance based on the Gainesville model.
On the other hand, neighbors who are kept up all night and who are greeted in the morning with garbage strewn over a wide area three or four times a week are rightfully outraged and frustrated when they feel they have no recourse.
That is why we applaud the city's careful approach to possible implementation.
The proposed plan would have seemed a draconian measure had it been implemented without a trial period.
"There should be no fear on the part of landlords or tenants," said City Administrative Services Director Richard McAlister. "It's an opportunity for them to communicate with us on how this works or doesn't work."
We encourage the landlords to use the year-long trial period as a time to communicate with city officials to help come up with the solution that best benefits everyone in the community.