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HomeMy WebLinkAboutOrdinance 6349OF FPYETJf L C v `T J wym 9RKa NS'S 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: CV�R•K % TR "�,�� ���'�.•' G1TY p �qsG '. •m; Kara Paxton, City Clerk Treasurer FAYE �E��L�E :;o G �ONi COON"' 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