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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 N wr Moratorium Boundary Map s Ul 00275 OSS 1.1 Mlles Prepared 0v: SVI% a eochner Ua[e Prepared: lune 7017 C • k 1 f r- '.1f-. 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)