HomeMy WebLinkAboutNeighborhood Stabilization PPT 6-6-17Existing City Code - Occupancy
FAMILY: One person or two (2) or more persons related by blood, marriage, adoption or placement by
a governmental or social service agency, occupying a dwelling unit as a single housekeeping
organization. A "family" may also include the following:
A. Two (2), but not more than two (2), persons not related by blood, marriage or adoption; or
B. Up to eight (8) persons with verifiable disabilities, as defined by the fair housing amendments act of
1988, who are occupying a dwelling unit as a single housekeeping organization.
Similar occupancy restrictions are commonly used across the county, particularly in university
communities, and have been held up by the courts.
In the past five years, enforcement of occupancy regulations has led to only 26 citations being
issued. The 26 citations represents less than .15% of all rental permits in the community.
HF 134
AN ACT RELATINGTOTHE AUTHORITY OF CITIESTO REGULATEAND RESTRICTTHE OCCUPANCY
OF RESIDENTIAL RENTAL PROPERTY. BE IT ENACTED BYTHE GENERALASSEMBLY OFTHE STATE OF
IOWA:
Section 1. Section 414. 1, subsection 1, Code 2017, is amended to read as follows:
a. For the purpose of promoting the health, safety, morals, or the general welfare of the community or for the
purpose of preserving historically significant areas of the community, any city is hereby empowered to regulate
and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that
may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location
and use of buildings, structures, and land for trade, industry, residence, or other purposes.
b. A city shall not, after January 1, 2018, adopt or enforce any regulation or restriction related to the occupancy
of residential rental property that is based upon the existence of familial or nonfamilial relationships between
the occupants of such rental property.
Why this Matters?
Balanced neighborhoods support a diverse economy and healthy downtown
Housing affordability
Over burdening of municipal services and public infrastructure
Public and tenant safety
Preservation of the character of single-family homes, as well as the stability of
the City's remaining historic and core neighborhoods
Viability of neighborhood schools
Parking, congestion, noise, litter and other nuisance concerns
Overall property maintenance
Healthy Neighborhoods
Post HF 134
Ensure neighborhoods support both home ownership and rental opportunities
(regulation)
Prohibit investments that detract from neighborhood character and overburden
City infrastructure and services (regulation)
Make certain nuisance and criminal infractions are handled swiftly and efficiently
to preserve neighborhood character, and ensure stability and appeal to diverse
populations (enforcement)
4. Protect the health and safety of occupants in rental units (public safety)
S. Ensure City investments sufficiently preserve housing stock that supports
ownership opportunities (incenting balance in housing stock)
Encourage development of student oriented housing that meets modern demands,
has strong safety and management plans and is located in appropriate areas
walkable to campus (new housing opportunities)
Partner with stakeholders to engage, educate and empower neighbors (public
education)
Ensure Neighborhoods Support Both Home
Ownership and Rental Opportunities
Replace familial relationship code language with regulations that will effectively
manage market forces to help ensure a balance of rental and home ownership
opportunities.
• Determine desirable mix of housing opportunities that support diverse
neighborhoods, public safety, and appropriate use of city services and infrastructure
• Regulate the number of rental permits and associated occupancy levels to achieve
stability and ensure that the character of neighborhoods is maintained in a manner
that appeals to diverse populations
Prohibit Investments that Detract from
Neighborhood Character and Overburden City
Infrastructure and Services
Prevent additions, remodeling projects and new construction that would
detract from the character of the neighborhood (infill design standard overlay
or form -based code)
Prevent excessive paving of lot area that detracts from neighborhood
character and overburdens storm sewer utilities
• Limit occupancies of structures based on availability of off-street parking
spaces and lot area
Require private waste hauling for high occupancy households and include strict
dumpster / waste receptacle screening requirements that do not detract from
the neighborhood character
Make Certain Nuisance and Criminal Infractions are
Handled Swiftly and Efficiently to Preserve Neighborhood
Character, and Ensure Stability and Appeal to Diverse
Populations
Increased enforcement of neighborhood nuisances most often associated with high
occupancy levels (including weekends)
Litter
Parking on unimproved surfaces
Yard maintenance
• Snow Removal
• Increased proactive Police Department patrols during evenings and weekends to
limit noise and disorderly complaints
• Consider a 24/7 landlord response requirement to remedy nuisances on property
• Evaluate effectiveness of penalties for repeat nuisance properties including
thresholds for suspension or loss of rental permits
• Require annual filing of Information Disclosure and Acknowledgement forms and
ensure landlords and tenants are made aware of penalties for nuisance behaviors
and landlord response requirements
Protect the Health and Safety of Occupants
in Rental Units
Higher occupancies can lead to greater public safety risks for occupants in
structures not originally constructed for high occupancy rentals
Consider annual health and safety inspections for certain rental properties
Require annual furnace and hot water certification to ensure safe operation for high
occupancy permits
Require hard -wire interconnected smoke and carbon monoxide detectors upon
renewal of rental permit
Increase Police Department efforts to reduce disorderly house occurrences
Ensure City Investments Sufficiently Preserve
Housing Stock that Supports Ownership
Opportunities
Examine current housing investment programs to ensure they are helping to
achieve a long-term balance of housing in our neighborhoods
UniverCity
• Rehabilitation Programs
• HELP Program
Consider new programs that may help achieve desired balance in
neighborhoods
Non -conforming buy-out
CDBG targeted investments (e.g. down payment assistance)
Encourage Development of Student Oriented Housing
That Meets Modern Demands, has Strong Safety and
Management Plans and is Located in Appropriate Areas
Walkable to Campus
Further examine existing codes to determine if additional steps can be taken
to direct or incentivize high-quality student housing in desired locations
outside of single-family neighborhoods yet still walkable to campus.
• Work with the University of Iowa on their efforts to expand on -campus
housing options for students
Partner with Stakeholders to Engage,
Educate and Empower Neighbors
Engage impacted neighborhoods in discussions on the impact of increased
rentals and occupancy levels
• Educate the community on the importance of well-balanced neighborhoods
that appeal to diverse populations
Partner with the University of Iowa and student government to explore ways
to prevent and eliminate behavior not conducive to healthy, stable
neighborhoods — creation of a Neighborhood Action Team
Empower residents to explore private actions that could help preserve the
stability and character of their neighborhood (neighborhood associations,
covenants, etc.)
Moratorium Through
December 31, 2017
• Time needed to study how best to mitigate the impacts of rental housing and
increases in occupancy levels on neighborhood stability, housing affordability,
public and tenant safety, urban congestion, blight, risk to public peace and
order, conflicts between rental and owner -occupied housing, and excessive
demands upon public safety, infrastructure and municipal services.
• Staff recommends Council establish a moratorium until December 31,2017 on
the issuance of new rental permits (i.e. not renewals of existing permits) and
building permits that would result in an enlargement of a rental dwelling, in RS -
5, RS -8 and RNS-12 zones within the area generally bounded by Scott
Boulevard on the east, 1-80 on the north, the Iowa River and Mormon Trek
Blvd on the west, and Highways 1/6 on the south in Iowa City, Iowa
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Moratorium Boundary Map
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Next Steps:
Refine Actions in Seven Focus Areas
Ensure neighborhoods support both home ownership and rental opportunities
(regulation)
Prohibit investments that detract from neighborhood character and overburden
City infrastructure and services (regulation)
Make certain nuisance and criminal infractions are handled swiftly and efficiently
to preserve neighborhood character, and ensure stability and appeal to diverse
populations (enforcement)
Protect the health and safety of occupants in rental units (public safety)
Ensure City investments sufficiently preserve housing stock that supports
ownership opportunities (incenting balance in housing stock)
Encourage development of student oriented housing that meets modern demands,
has strong safety and management plans and is located in appropriate areas
walkable to campus (new housing opportunities)
Partner with stakeholders to engage, educate and empower neighbors (public
education)