City delays vote on highly-criticized plan for annual landlord fee

West Carrollton will take more time to decide on a highly-criticized plan that includes charging landlords an annual fee to fund a program aimed at curbing housing code violations.

City council is not expected to vote on the proposal - that includes a $30 annual license fee and periodic inspections for rental units - until at least late September.

That was the consensus after a Tuesday night public hearing that drew more than 50 people, including several who spoke against the plan first proposed last summer.

The city's board of zoning appeals last month voted 4-0 to recommend the plan.

Council is expected next month to table the plan and hold a work session to address its questions about the program, which has been criticized by tenants, landlords, housing advocates and attorneys for apartment associations, among others.

Among the contentions of opponents are that it would violate privacy issues, impose a tax on rental property owners and drive residents out of West Carrollton.

The city proposed the inspection program to curb housing code violations, a strong majority of which officials say stem from rental properties that constitute slightly more than 40 percent of the city’s housing.

Centerville and Oakwood have similar inspection programs, but neither requires an annual fee.

The Advocates for Basic Legal Equality, Inc. contends West Carrollton’s proposal “will not achieve the positive results obtained by other proactive rental inspection programs,” according to a letter sent to the city.

The group cites privacy issues, “over broad” language and vaguely defining public housing as among it concerns. Similar points were raised by the Miami Valley Fair Housing Center Inc.

The proposal “provides no requirement for consent by the tenant for an inspection,” according to the housing center in a letter dated Aug. 19.

Both groups question whether the proposal upholds Fourth Amendment rights. But West Carrollton Law Director Lori Denlinger said the proposal provides for proper due process.

According to statistics from 2012 to 2015, 65 percent of all local code violations in the city came from rental properties. Approximately 80 percent of the city’s rental property owners live outside of the city.

About 42 percent or 2,503 of the city’s 5,946 total households in 2015 were rentals, according to a market analysis done by Market Metric$ LLC.

The new $30 annual rental license fee would be used to offset the costs of hiring two part-time code enforcement officers to inspect approximately 1,000 properties each year. The estimated cost of the new program is approximately $70,000 - all paid through the license fees.

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