HomeMy WebLinkAboutOrdinance 6349OF FPYETJf
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6349
File Number: 2020-0574
AMEND CHAPTER 120: REAL ESTATE SALE AND LEASING REGULATIONS:
AN ORDINANCE TO AMEND CHAPTER 120: REAL ESTATE SALE AND LEASING
REGULATIONS BY ENACTING §120.02 LANDLORD'S REPRESENTATIVE REGISTRY
TO REQUIRE ALL LANDLORDS LEASING MORE THAN TWO RESIDENTIAL
PROPERTIES TO PROVIDE ACCURATE CONTACT INFORMATION
WHEREAS, while many of the persons renting or leasing houses and apartments provide clear
contact information to their tenants, many other landlords operate using a corporate, LLC or other
type of entity that can be difficult to contact if a tenant has a problem or issue with the leased premises;
and
WHEREAS, neighbors of tenants may need to contact the landlord or landlord's representative if
there are shared property concerns such as changes to fencing, landscaping, tree maintenance or other
neighbor or neighborhood associated changes; and
WHEREAS, neighbors of tenants may also need to contact the landlord or landlord's representative
if the tenants are damaging or neglecting property, creating a nuisance or otherwise behaving
inappropriately to the detriment of the neighbors or neighborhood; and
WHEREAS, the City should provide a Landlord's Representative Registry properlyidentifying the
responsible human who will promptly respond to their tenant or the tenant's neighbors.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 120.02
Landlord's Representative Registry into the Fayetteville Code as follows:
Page 1 Printed on 8119120
Ordinance: 6349
File Number. 2020-0574
"§120.02 Landlord's Representative Registry
(A) Every person, partnership, corporation, L.L.C. or other entity which owns, operates, manages
or otherwise controls more than two (2) residential properties that are rented or leased in
Fayetteville, Arkansas shall designate a person residing or working in Washington, Benton,
Crawford or Madison County, Arkansas to be the Landlord's Representative [which may be
the landlord/owner who lives or works in one of these counties] with the power and
responsibility to respond to questions, issues and problems of or with the legal tenants of such
residential rental property, and to be an additional agent for service of process for the landlord.
The owners of only short term rentals shall not be required to designate and register their
Landlord's Representative into the Registry at this time.
(B) The Landlord's Representative shall be identified by correct full name, mailing address, email
address and telephone number. The landlord shall ensure, at a minimum, that the Landlord's
Representative answers or promptly returns calls or emails made by their tenants or neighbors
of their tenants between the hours of 7:30 AM until 6:00 PM. When a Landlord's
Representative leaves employment or otherwise no longer serves as the Landlord's
Representative, the landlord must within seven days replace the departed representative with
another qualified and properly identified Landlord's Representative, notify all relevant tenants
of such change including change in contact information, and enter the change into the City
Landlord's Representative Registry.
(C) The City shall supply a free Landlord's Representative Registry through the Planning
Department and offer such registry online for easy access by tenants and the public.
(D) This Landlord's Representative Registry shall be available for landlords to begin registering
their representatives (which can be the landlord themselves if they live or work in Washington,
Benton, Crawford, or Madison County) on December 1, 2020. Proper and accurate
registration shall be required of all landlords renting or leasing more than two (2) residential
properties in Fayetteville to tenants by April 30, 2021.
(E) Any person or entity leasing or renting more than two (2) residential properties located in
Fayetteville [as identified in (A)]who fails to properly and timely register a proper and qualified
Landlord's Representative and any needed successor Landlord's Representative or fails to
obey any requirement of this section shall be subject to the penalties permitted pursuant to
Section 10.99 General Penalty of the Fayetteville Code."
PASSED and APPROVED on 8/18/2020
Page 2 Printed on 8119120
Ordinance. 6349
File Number: 2020-0574
Page 3
Attest:
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Kara Paxton, City Clerk Treasurer FAYE
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Printed on &1&20
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0574
Aqenda Date: 8/18/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B 3
AMEND CHAPTER 120: REAL ESTATE SALE AND LEASING REGULATIONS:
AN ORDINANCE TO AMEND CHAPTER 120: REAL ESTATE SALE AND LEASING
REGULATIONS BY ENACTING §120.02 LANDLORD'S REPRESENTATIVE REGISTRY TO
REQUIRE ALL LANDLORDS LEASING MORE THAN TWO RESIDENTIAL PROPERTIES TO
PROVIDE ACCURATE CONTACT INFORMATION
WHEREAS, while many of the persons renting or leasing houses and apartments provide clear contact
information to their tenants, many other landlords operate using a corporate, LLC or other type of entity that
can be difficult to contact if a tenant has a problem or issue with the leased premises; and
WHEREAS, neighbors of tenants may need to contact the landlord or landlord's representative if there are
shared property concerns such as changes to fencing, landscaping, tree maintenance or other neighbor or
neighborhood associated changes; and
WHEREAS, neighbors of tenants may also need to contact the landlord or landlord's representative if the
tenants are damaging or neglecting property, creating a nuisance or otherwise behaving inappropriately to the
detriment of the neighbors or neighborhood; and
WHEREAS, the City should provide a Landlord's Representative Registry properly identifying the
responsible human who will promptly respond to their tenant or the tenant's neighbors.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 120.02 Landlord's
Representative Registry into the Fayetteville Code as follows:
"§ 120.02 Landlord's Representative Registry
(A) Every person, partnership, corporation, L.L.C. or other entity which owns, operates, manages or
otherwise controls more than two (2) residential properties that are rented or leased in Fayetteville,
Arkansas shall designate a person residing or working in Washington, Benton, Crawford or Madison
County, Arkansas to be the Landlord's Representative [which may be the landlord/owner who lives or
works in one of these counties] with the power and responsibility to respond to questions, issues and
City of Fayetteville, Arkansas Page 1 Printed on 811912020
File Number: 2020-0574
problems of or with the legal tenants of such residential rental property, and to be an additional agent
for service of process for the landlord. The owners of only short term rentals shall not be required to
designate and register their Landlord's Representative into the Registry at this time.
(B) The Landlord's Representative shall be identified by correct full name, mailing address, email address
and telephone number. The landlord shall ensure, at a minimum, that the Landlord's Representative
answers or promptly returns calls or emails made by their tenants or neighbors of their tenants between
the hours of 7:30 AM until 6:00 PM. When a Landlord's Representative leaves employment or
otherwise no longer serves as the Landlord's Representative, the landlord must within seven days
replace the departed representative with another qualified and properly identified Landlord's
Representative, notify all relevant tenants of such change including change in contact information, and
enter the change into the City Landlord's Representative Registry.
(C) The City shall supply a free Landlord's Representative Registry through the Planning Department and
offer such registry online for easy access by tenants and the public.
(D) This Landlord's Representative Registry shall be available for landlords to begin registering their
representatives (which can be the landlord themselves if they live or work in Washington, Benton,
Crawford, or Madison County) on December 1, 2020. Proper and accurate registration shall be
required of all landlords renting or leasing more than two (2) residential properties in Fayetteville to
tenants by April 30, 2021.
(E) Any person or entity leasing or renting more than two (2) residential properties located in Fayetteville
[as identified in (A)]who fails to properly and timely register a proper and qualified Landlord's
Representative and any needed successor Landlord's Representative or fails to obey any requirement
of this section shall be subject to the penalties permitted pursuant to Section 10.99 General Penalty
of the Fayetteville Code."
City of Fayetteville, Arkansas Page 2 Printed on 811912020
Legistar ID No.:
AGENDA REQUEST FORM
�- y,doaa
FOR: Council Meeting of uzu
FROM: Council Member Teresa Turk —�
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMLND CHAPTER 120: REAL ESTATE SALE AND LEASING
REGULATIONS BY ENACTING §120.02 LANDLORD'S REPRESENTATIVE
REGISTRY TO REQUIRE ALT, LANDLORDS LEASING MORE MAN I WO
RESIDENTIAL PROPERTIES TO PROVIDE ACCURATE COMPACT rNFOR1v1ATION
APPROVED FOR AGENDA:
�/-Z-�o Za
Council Member eresa Turk Date
City Attorney Kit Williams Date
Approved as to form
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
CC: Susan Norton, Chief of Staff Jodi Backer
Garner Stoll, Development Services Director Paralegal
FROM: Kit Williams, City Attorney C... 1
DATE: July 6, 2020
RE: Proposed Landlord's Representative Registry
Council Member Teresa Turk has received complaints or inquiries from her
constituents who have had difficulty locating contact information for landlords.
Neighbors and even tenants sometimes need to speak to an actual person who is either a
landlord or at least the landlord's representative about tenant or neighborhood concerns.
If the property is owned by a LLC, corporation or trust, exactly who can speak for the
owner of the land can be difficult to ascertain.
To solve this problem, Council Member Turk has proposed we initiate a
Landlord's Representative Registry for all owners who rent or lease more than two
residential properties. Short-term rental properties will not be included within this
Registry. Hopefully obtaining the information: full name, mailing address, email address
and telephone number of the local landlord or representative will be made easier because
all such entities are currently required to obtain a business license which includes some
of the required information. A landlord can renew its business license and register its
representative at the same time. Council Member Turk's ordinance states:
"(C) The City shall supply a free Landlord's Representative Registry through the
Planning Department and offer such registry outline for easy access by tenants and the
public."
The Planning Department has reviewed Council Member Turk's proposed
ordinance and after some modifications now supports this proposal.
FAYETTEVILLE CODE OF ORDINANCES 120.01
TITLE XI BUSINESS REGULATIONS
CHAPTER 120: REAL ESTATE SALE AND LEASING REGULATIONS
Sections:
120.01 Zoning Disclosure Requirements For Sale Or Lease Of Residential Property
120.01 Zoning Disclosure Requirements For Sale Or Lease Of Residential Property
(A) The owner of any real property located within a residential zoning district shall be required to
disclose to any buyer or tenant of that property the zoning classification of that property and the
occupancy limits as set forth in §151.01 under the definition of "family." The buyer or tenant
shall acknowledge in writing the zoning disclosure.
(B) This requirement shall not apply to any of the following:
(1) A transfer, lease or rental undertaken pursuant to a court order;
(2) A transfer, lease or rental between spouses resulting from a judgment of dissolution of
marriage, legal separation, or property settlement agreement incidental to such judg-
ment; or
(3) A transfer, lease, rental or exchange to or from any governmental or public educational
entity."
(Ord. No. 5731, 12-16-14)
,,-, 0 rrr«-E LA--o
CD120:1
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name Kacey Serrano
Address or Ward* Address
Ward
Ward ` Ward 4
Phone Number 479-616-2296
Email kaceylkeefe@gmail.cont
Meeting Body' City Council
Subject Concern over Landlord Registry Proposal (Amend Chap 120)
Comments My husband and I own a few rental properties in the Fayetteville area I have serious
safety concerns with our personal property owner information being made available
to the general public While 1 understand that it could be useful for neighbors to be
able to contact a landlord to discuss tenant issues. I would prefer this not be
completely public information. Even our tenants are not given our home address.
I have had incidents in the past, including just two months ago, where someone was
upset that I wouldn't rent to them because of a sexually -based offense found on
their background check among several other disqualifiers They proceeded to call
and text me at all hours of the day and night. and drove by the house several times
during other showings because he was angry. I could no longer show the house
alone If my personal address, phone number or email was made available. I would
have even greater concerns for my safety.
If a landlord registry is what is best for the greater good of Fayetteville, can we only
include phone number? I'm happy to address neighbor concerns about any of our
tenants. but I feel that we have a right to privacy to keep our business and personal
lives separate. This includes my personal email and home address.
Thank you for your time
Attachments , ..
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments_ Public conuncnt at a Cin' Council ntectimg .hall be alloxced l6i all members of the audience
1t Ito hen e signed up prior to the beginning of the a_,enda itcnt the), wish to address being opened Ihr Public
conuttcnt. Jpeukers :hall be limited to it ntaxinnun of lip c (5) minutes to he broken into segments of three and wo
CityClerk
From: Ethel Simpson <esimpson@uark.edu>
Sent: Monday, August 17, 2020 12:48 AM
To: CityClerk
Subject: Proposed Landlord Registry
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
To the City Clerk:
Please forward this message to the City Council, the Planning Commission, and the Mayor. Thank you for your help.
The newspaper account of the proposal to create a registry of landlords is encouraging, even though it reported the
expected negative response from a representative of the real-estate industry in Fayetteville, claiming that the
information is already collected and on record. That may be so, but files in the courthouse offices are not readily
accessible to property owners whose safety or peace is disturbed or destroyed by loud parties, illegally parked cars, or
mattresses or old cars left to rot in the rain. Direct communication could be facilitated between homeowners and absent
landlords by means of a registry including phone and email contact information and posted on a public website. Having
clean, safe, orderly streets benefits not just particular neighborhoods, but the entire community.
There is such mistrust and hostility directed by some members of the public at Fayetteville realtors and developers, and
often the city seems to be totally subservient to their interests. The goals of infill and density, while probably desirable
in some cases, appear to benefit the real estate sector disproportionately to others, including low-income residents and
established neighborhoods. I hope the city will regard this proposal as a chance to support us who want some of their
operations to be more transparent.
Ethel Simpson
409 N Oliver Avenue
Fayetteville AR72701
NORTHWEST ARKANSAS
Democrat f0axft
P.0 �CX TF '. FAYET-EIILE .AP. ?2X2 •..?n.,q .; n -A;, _- .59 -t?18 • ., ""W "Ivi D
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in
said County, State of Arkansas; that I was so related to this publication at and during
the publication of the annexed legal advertisement the matter of. Notice pending in
the Court, in said County, and at the dates of the several publications of said
advertisement stated below, and that during said
periods and at said dates, said newspaper
was printed and had a bona fide
circulation in said County; that said
newspaper had been regularly printed and
published in said County, and had a bona
fide circulation therein for the period of
one month before the date of the first
publication of said advertisement; and that
said advertisement was published in the
regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6349
Was inserted in the Regular Edition on:
August 23, 2020
Publication Charges: $299.44
Brittany Smith
Subscribed and sworn to before me
This ZS day of Ru , 2020.
Notary Public
My Commission
**NOTE** Please d
Invoice will be sent.
lG X
Mi pay from Affidavit
Ordinance: 6349
File Number: 2020-0574
AMEND CHAPTER 120:
REAL ESTATE SALE
AND LEASING
REGULATIONS:
AN ORDINANCE TO
AMEND CHAPTER 120:
REAL ESTATE SALE
AND LEASING
REGULATIONS BY
ENACTING §120.02
LANDLORD'S
REPRESENTATIVE
REGISTRY TO REQUIRE
ALL LANDLORDS
LEASING MORE THAN
TWO RESIDENTIAL
PROPERTIES TO
PROVIDE ACCURATE
CONTACT
INFORMATION
WHEREAS, while many of
the persons renting or
leasing houses and
apartments provide clear
contact information to their
tenants, many other
landlords operate using a
corporate, LLC or other type
of entity that can be difficult
to contact if a tenant has a
problem or issue with the
leased premises; and
WHEREAS, neighbors of
tenants may need to contact
the landlord or landlord's
representative if there are
shared property concerns
such as changes to fencing,
landscaping, tree
maintenance or other
neighbor or neighborhood
associated changes; and
WHEREAS, neighbors of
tenants may also need to
contact the landlord or
landlord's representative if
the tenants are damaging or
neglecting property, creating
a nuisance or otherwise
behaving inappropriately to
the detriment of the
neighbors or neighborhood;
and
WHEREAS, the City
should provide a Landlord's
Representative Registry
properly identifying the
responsible human who will
promptly respond to their
tenant or the tenant's
neighbors.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,
ARKANSAS:
Section 1. That the City
Council of the City of
Fayetteville, Arkansas hereby
enacts §120.02
Landlord's Representative
Registry into the Fayetteville
Code as follows:
"§ 120.02 Landlord's
Representative Registry
(A) Every person,
partnership, corporation,
L.L.C. or other entity which
owns, operates, manages or
otherwise controls more than
two (2) residential properties
that are rented or leased in
Fayetteville, Arkansas shall
designate a person residing or
working in Washington,
Benton, Crawford or Madison
County, Arkansas to be the
Landlord's Representative
[which may be the
landlord/owner who lives or
works in one of these counties]
with the power and
responsibility to respond to
questions, issues and problems
of or with the legal tenants of
such residential rental
property, and to be an
additional agent for service of
process for the landlord. The
owners of only short term
rentals shall not be required to
designate and register their
Landlord's Representative into
the Registry at this time.
(B) The Landlord's
Representative shall be
identified by correct full name,
mailing address, email address
and telephone number. The
landlord shall ensure, at a
minimum, that the Landlord's
Representative answers or
promptly returns calls or
emails made by their tenants or
neighbors of their tenants
between the hours of 7:30 AM
until 6:00 PM. When a
Landlord's Representative
leaves employment or otherwise
no longer serves as the
Landlord's Representative, the
landlord must within seven days
replace the departed
representative with another
qualified and properly identified
Landlord's Representative,
notify all relevant tenants of
such change including change
in contact information, and
enter the change into the City
Landlord's Representative
Registry.
(C) The City shall
supply a free Landlord's
Representative Registry through
the Planning Department and
offer such registry online for
easy access by tenants and the
public.
(D) This Landlord's
Representative Registry shall be
available for landlords to begin
registering their representatives
(which can be the landlord
themselves if they live or work
in Washington, Benton,
Crawford, or Madison County)
on December 1, 2020. Proper
and accurate registration shall
be required of all landlords
renting or leasing more than
two (2) residential properties in
Fayetteville to tenants by April
30, 2021.
(E) Any person or entity
leasing or renting more than
two (2) residential properties
located in Fayetteville [as
identified in (A)]who fails to
properly and timely register a
proper and qualified Landlord's
Representative and any needed
successor Landlord's
Representative or fails to obey
any requirement of this section
shall he subject to the penalties
permitted pursuant to Section
10.99 General Penalty of the
Fayetteville Code."
PASSED and APPROVED on
8/ 18/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk
Treasurer
75310690 Aug 23, 2020