HomeMy WebLinkAbout250-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 250-20
File Number: 2020-0802
LANDLORDS TO MAKE REASONABLE ACCOMMODATIONS AND WORK WITH
TENANTS:
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO MAKE
REASONABLE ACCOMMODATIONS AND WORK WITH THEIR TENANTS ADVERSELY
IMPACTED EITHER PHYSICALLY OR ECONOMICALLY BY THE COVID-19 VIRUS
PANDEMIC IN ORDER TO AVOID EVICTIONS
WHEREAS, the Covid-19 virus pandemic disaster emergency proclaimed by Governor Hutchinson
and Mayor Jordan in the Spring has not only infected many Fayetteville residents, but also caused
substantial unemployment and lost income; and
WHEREAS, Federal government assistance for unemployed persons has been substantially reduced
since July so that many more tenants may have now become unable to fully pay all their rent on time;
and
WHEREAS, landlords and tenants need each other to remain financially viable in order to sustain an
economically healthy rental system; and
WHEREAS, the citizens and City of Fayetteville will benefit if our landlords and tenants make
reasonable accommodations and work together to overcome the financial problems caused by the
Covid-19 pandemic with tenants continuing to pay as much as possible in rent and landlords
sometimes accepting less than the full and timely rent payment and refraining from charging late fees or
beginning evictions as long as possible; and
WHEREAS, the City is only asking landlords to do what the City has already done by refraining from
requiring security deposits, not charging late fees, and refraining from cutting off water, wastewater,
recycling and trash service from residential customers so adversely affected by the Covid-19 pandemic
Page 1 Printed on 1017120
Resolution: 250-20
File Number 2020-0802
that they could not fully pay their utility bill on time.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby encourages all landlords
and apartment managers to make reasonable accommodations and work with their tenants to reduce
or eliminate late fees, and allow their tenants sufficient time to catch up late or less than the full amount
of rent payments due and avoid evictions while the tenants work in good faith to pay all rent due and
begin to catch-up overdue rent.
PASSED and APPROVED on 10/6/2020
Attest:
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Kara Paxton, City Clerk Treasurer : AYES LE•
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Page 2 Printed on 1017120
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
—'� (479) 575-8323
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Text File
File Number: 2020-0802
Agenda Date: 10/6/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: D 2
LANDLORDS TO MAKE REASONABLE ACCOMMODATIONS AND WORK WITH
TENANTS:
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO MAKE
REASONABLE ACCOMMODATIONS AND WORK WITH THEIR TENANTS ADVERSELY
IMPACTED EITHER PHYSICALLY OR ECONOMICALLY BY THE COVID-19 VIRUS PANDEMIC
IN ORDER TO AVOID EVICTIONS
WHEREAS, the Covid-19 virus pandemic disaster emergency proclaimed by Governor Hutchinson and
Mayor Jordan in the Spring has not only infected many Fayetteville residents, but also caused substantial
unemployment and lost income; and
WHEREAS, Federal government assistance for unemployed persons has been substantially reduced since July
so that many more tenants may have now become unable to fully pay all their rent on time; and
WHEREAS, landlords and tenants need each other to remain financially viable in order to sustain an
economically healthy rental system; and
WHEREAS, the citizens and City of Fayetteville will benefit if our landlords and tenants make reasonable
accommodations and work together to overcome the financial problems caused by the Covid-19 pandemic
with tenants continuing to pay as much as possible in rent and landlords sometimes accepting less than the full
and timely rent payment and refraining from charging late fees or beginning evictions as long as possible; and
WHEREAS, the City is only asking landlords to do what the City has already done by refraining from requiring
security deposits, not charging late fees, and refraining from cutting off water, wastewater, recycling and trash
service from residential customers so adversely affected by the Covid-19 pandemic that they could not fully pay
their utility bill on time.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby encourages all landlords and
apartment managers to make reasonable accommodations and work with their tenants to reduce or eliminate
late fees, and allow their tenants sufficient time to catch up late or less than the full amount of rent payments due
and avoid evictions while the tenants work in good faith to pay all rent due and begin to catch-up overdue rent.
City of Fayetteville, Arkansas Page 1 Printed on 10/7/2020
File Number: 2020-0802
City of Fayetteville, Arkansas Page 2 Printed on 101712020
Legistar ID No.: 2020-
AGENDA REQUEST FORM
FOR: Council Meeting of October 6, 2020
FROM: Council Member Teresa Turk and Kyle Smith
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO MAKE
REASONABLE ACCOMMODATIONS AND WORK WITH THEIR TENANTS
ADVERSELY IMPACTED EITHER PHYSICALLY OR ECONOMICALLY BY THE
COVID-19 VIRUS PANDEMIC IN ORDER TO AVOID EVICTIONS
APPROVED FOR AGENDA:
Council Member Teresa Turk
Council Member Kale Smith
City Attorney Kit W:
Approved as to form
Date
Date
�-2 ► Y ` Z � � ZO2.-c�
Date
Legistar ID No.: 2020-
AGENDA REQUEST FORM
FOR: Council Meeting of October 6, 2020
FROM: Council Member Teresa Turk and Kyle Smith
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO WORK
WITH THEIR TENANTS ADVERSELY IMPACTED EITHER PHYSICALLY OR
ECONOMICALLY BY THE COVID-19 VIRUS PANDEMIC IN ORDER TO AVOID
EVICTIONS
APPROVED FOR AGENDA:
Council Member Teresa Turk
Council Member Kyle Smith
City Attorney Kit�Williams
Approved as to form
ZZ� Za
Date
9/21 /2020
Date
Date
Williams, Kit
From: Kyle Smith <citycouncil@kyle4fay.org>
Sent: Monday, September 21, 2020 5:30 PM
To: Turk, Teresa
Cc: Williams, Kit; Pennington, Blake
Subject: Re: Resolution requesting landlords do not evict tenants
Attachments: scan.pdf
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.
Thank you for that addition Signature attached.
Kyle Smith
Council Member
Ward 4 Position 2
City of Fayetteville, Arkansas
citycouncil@kvle4fay.org
479.274.8881
Facebook I Twitter I Websjte
On Mon, Sep 21, 2020 at 5:04 PM Turk, Teresa <ward4 posl@favetteville-ar.eov> wrote:
Looks great Kit! Thank you so much!
Teresa
From: Williams, Kit <kwilliams@favetteville-ar.eov>
Sent: Monday, September 21, 2020 4:58 PM
To: Turk, Teresa <ward4 posl@favetteville-ar.gov>; 'Kyle Smith' <citycouncil@kyle4fay.org>
Cc: Pennington, Blake <bpennington@favetteville-ar.aov>
Subject: RE: Resolution requesting landlords do not evict tenants
It is your Resolution. Please see it amended per your request.
From: Turk, Teresa
Sent: Monday, September 21, 2020 4:46 PM
To: Williams, Kit <kwilliams@favetteville-ar.eov>; 'Kyle Smith' <citvcouncil@kvle4fay.orQ>
Cc: Pennington, Blake <bpennington@favetteville-ar.eov>
Subject: Re: Resolution requesting landlords do not evict tenants
Hi Kit,
Thanks for your explanation but it is a resolution without any legally binding language. It is just expressing our
hope that landlords will be accommodating. Could we not insert the language about late fees? Is there a legal
down side to this? Are we in any legal jeopardy? I would just like to make this resolution as clear as possible
to the public with using the term late fees so that we are not being overly ambiguous.
RESOLUTION NO.
A RESOLUTION TO ENCOURAGE ALL LANDLORDS IN FAYETTEVILLE TO MAKE
REASONABLE ACCOMODATIONS AND WORK WITH THEIR TENANTS ADVERSELY
IMPACTED EITHER PHYSICALLY OR ECONOMICALLY BY THE COVID-19 VIRUS
PANDEMIC IN ORDER TO AVOID EVICTIONS
WHEREAS, the Covid-19 virus pandemic disaster emergency proclaimed by Governor
Hutchinson and Mayor Jordan in the Spring has not only infected many Fayetteville residents,
but also caused substantial unemployment and lost income; and
WHEREAS, Federal government assistance for unemployed persons has been substantially
reduced since July so that many more tenants may have now become unable to fully pay all their
rent on time; and
WHEREAS, landlords and tenants need each other to remain financially viable in order to
sustain an economically healthy rental system; and
WHEREAS, the citizens and City of Fayetteville will benefit if our landlords and tenants make
reasonable accommodations and work together to overcome the financial problems caused by the
Covid-19 pandemic with tenants continuing to pay as much as possible in rent and landlords
sometimes accepting less than the full and timely rent payment and refraining from charging late
fees or beginning evictions as long as possible; and
WHEREAS, the City is only asking landlords to do what the City has already done by refraining
from requiring security deposits, not charging late fees, and refraining from cutting off water,
wastewater, recycling and trash service from residential customers so adversely affected by the
Covid-19 pandemic that they could not fully pay their utility bill on time.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby encourages all
landlords and apartment managers to make reasonable accommodations and work with their
tenants to reduce or eliminate late fees, and allow their tenants sufficient time to catch up late or
less than the full amount of rent payments due and avoid evictions while the tenants work in
good faith to pay all rent due and begin to catch-up overdue rent.
PASSED and APPROVED this 6T" day of October, 2020.
TEST:
K
N1
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Susan Norton, Chief of Staff
Paul Becker, Finance Director
FROM: Kit Williams, City Attorney
DATE: September 22, 2020
RE: Landlords encouraged to accommodate tenants
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
During the last City Council meeting, Council Members Teresa Turk
and Kyle Smith requested that I draft a Resolution for the October 6th
meeting to request landlords to be accommodating and work with tenants
to avoid late fees and evictions for tenants who cannot pay the full amount
of rent on time because of economic hardships and lack of monetary
resources caused by this Covid-19 virus pandemic. Although the City
Council may not legally prohibit landlords from evicting or collecting rental
late fees, the City Council may call upon our city's landlords to work with
and accommodate tenants who cannot pay their full rent on time because of
the Covid-19 virus pandemic.
It is in everyone's best interests to keep tenants in rental properties
paying as much rent as feasible rather than becoming homeless or stuck in a
crowded shelter. Our healthy rental market depends upon thousands of
financially capable tenants paying rent and living in the Fayetteville's
apartments, duplexes and houses. Losing hundreds or thousands of
residential tenants who have been stripped of financial resources and jobs
by this pandemic would be very damaging to landlords. Adding late fees to
the rent due for a tenant who cannot even pay the full amount of rent when
due because of economic hardship from this Covid-19 virus pandemic
would be counterproductive for a landlord. A tenant's bill with mounting
late fees could look and become insurmountable for a tenant that had
formerly been able to regularly and properly pay rent before the Covid-19
virus caused such a great recession with millions of jobs lost. Losing such a
tenant now might well result in a prolonged vacancy for a landlord as the
vast majority of persons being evicted will not be able to afford to rent a new
apartment and will instead have to move home to live with relatives, try to
live in an overcrowded shelter, or find themselves homeless on the streets.
That could be the definition of a "lose lose" situation for both tenants and
landlords.
Instead, this proposed Resolution (attached) is being presented by
Council Members Turk and Smith as an alternative path to stabilize the
rental housing market, keep tenants in housing and keep landlords' rental
properties occupied and producing revenue. It will be up every landlord
and every tenant to make this effort successful. If a tenant is being
temporarily accommodated by a landlord, that tenant needs to work hard to
find a job so the tenant can afford to pay full rent on time again. Landlords
need to be patient and realize we are still in a recession and in a pandemic,
so good jobs may be hard to find. This resolution is pointing the best way
forward for both landlords and residential tenants. However, they will have
to exhibit mutual respect, determination, and patience to ensure each
particular plan and situation can be successful.