Agenda Item 5A
November 29,2016
Action
ADDENDUM
MEMORANDUM
November 28,2016
TO:
FROM:
SUBJECT:
County Council
/Y1
J~
Josh Hamlin, Legislative
Attom~~
Action/ADDENDUM:
Bill 19-15, Landlord -Tenant Relations - Licensing of
Rental Housing -
Landlord~T~nant
Obligations
Council staff has received a few additional items since the packet for Bill 19-15 went to
print. Staff also anticipates receipt of a memorandum from Councilmember EIrich describing
certain amendments that he may offer when the CounCil considers Bill 19-15. That memorandum
will be distributed as an additional addendum when it is received. The additional materials received
thus far are briefly described below.
1.
Possible amendment to be offered by Councilmember Hucker:
Councilmember Hucker may offer an amendment that would add to the required
information in the Director's annual report to the Council and Executive:
(1)
the number
of citations issued to landlords during the prior and current fiscal years; and (2) the amount
of fines collected from landlords during the prior and current fiscal years. This draft
amendment is at
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1.
2. Statement from DHCA Director Snuggs:
As is indicated in footnote 8 on page 14 of the Action packet, DHCA has communicated
its view that flexibility in the procedure for determining "troubled properties" is important,
and has suggested that establishing the procedure in the annual report that would be
required under the Bill, rather than by method (2) regulation as the Bill currently provides,
would be more desirable to the Department. Director Snuggs has submitted a statement
explaining the rationale for this preference (see ©2).
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3. AOBAlGCAAR Request for Delayed Effective Date of Utility Disclosure
Requirements:
The Committee-recommended Bill includes a requirement that tenants in buildings built
before July 1, 1978, whose units are not individually metered, will receive the same
information as to how their electric and gas bills are calculated as is required under State
regulation for tenants in newer buildings. AOBA and GCAAR have expressed concern that
landlords of affected properties may need more time than the 91 days provided under the
Charter to update their computer systems and prepare the information required. AOBA and
GCAAR have requested a six-month delayed effective date for this requirement. Council
staff believes that this request is reasonable, and providing that the provisions take effect
180 days after the Act becomes law would essentially only delay compliance by three
months beyond the Charter's 91 days.
An
amendment to provide for this could be made by
adding a new subsection (b) to Section 3 of the Bill as follows,
(hl
The requirement that landlords provide certain information concerning
electric and gas utility billing under Section 29-30. as amended
ill
Section I. takes effect 180 days after this Act becomes law.
This packet contains:
Possible Councilmember Hucker Amendment
DHCA Director Snuggs Statement
Circle
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F:\LAW\BILLS\15 19 Landlord - Tenant Relations\Action Memoaddendum.Docx
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Hucker Amendment
This amendment would add to the requiredjnformation included the DHCA. Director's
annual report to the Council and Executive: (I) the number of citations issued to landlords during
the prior and current fiscal years; and (2) the amount of fines collected from landlords during the
prior and current fiscal years.
Add new paragraphs
(5)
and
(6)
after line
45
so that subsection 29-26(h) reads as follows:
(hj
The.Director must report on rental housing inspections to the Executive
and the Council. by September 1 of each year. The report must include:
ill
!ll
the address of each property inspected during the prior fiscal year;
the address ofeach property that has been inspected or is scheduled
to be inspected on an annual or triennial basis during the current
fiscal year:
ill
for each property inspected:
CA).
a summary of violations by:
ill
(ii)
(iii)
number found:
number corrected: and
type of violation:
[[and]]
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the status of any incomplete inspections:
ill
for each property required to have a corrective action plan under
Section 29-22
in
the prior fiscal year or during the current fiscal
year. a list of:
CA)
violations found:
violations corrected: and
the status ofthe corrective action
plan[[J]~
£:W
(Q)
ill
the number of citations issued to landlords during the prior and
current fiscal years: and
LQl
the amount of fines collected from landlords during the prior and
current fiscal years.
F:\LAw\BILLS\I 5 I9 Landlord - Tenant Relations\Hucker AmendmencCitations Fines.Docx
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Selection Criteria for Focused Housing Code Enforcement
Method 2
vs.
Annual Report
DHCA recently proposed a new focused neighborhood code enforcement strategy, in which more
inspections would be conducted more frequently based on the presence of certain code violations.
This strategy and its protocol may occasionally need to be fine-tuned.
It
is DHCA's preference to
include its inspection protocol in its Code Enforcement Annual Report, sent to Council by
September 1 of each year. This would hold DHCA responsible for reporting on the prior year's
inspection .results as well as setting the upcoming code ellforcement agenda in a single document.
DHCA believes this would streamline the process and provide flexibility that otherwise may be
impacted by requiring a more-time intensive Method 2 adoption in order for DHCA to modify its
inspection protocol.
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