HomeMy WebLinkAboutOrdinance 6670113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6670
File Number: 2023-828
AMEND §120.02 LANDLORD'S REPRESENTATIVE REGISTRY (ORDINANCE AMENDMENT):
AN ORDINANCE TO AMEND §120.02 LANDLORD'S REPRESENTATIVE REGISTRY OF THE
FAYETTEVILLE CODE BY MODIFYING (D) TO INCLUDE WHETHER THE LANDLORD WOULD ACCEPT
VOUCHER -BASED ASSISTANCE FOR THEIR PROPERTIES
WHEREAS, Fayetteville rental housing has become substantially more expensive in recent years with attainable
rentals becoming more difficult to find; and
WHEREAS, the City of Fayetteville's Community Resources Department has long worked with the Federal Housing
and Urban Development Department to provide housing vouchers to needy Fayetteville persons to help them rent
modest housing; and
WHEREAS, with the high demand for rental housing, some landlords are no longer accepting such housing vouchers
which creates a need for prospective tenants with housing assistance vouchers to locate landlords who will accept such
vouchers.
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 amends § 120.02 (D) of the Fayetteville
Code by repealing it in its entirety and enacting a replacement (D) as follows:
"(D) These landlords/owners shall designate on the Registry whether or not the landlord/owner will accept housing
assistance vouchers from prospective tenants."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that the Community Resources
Department work with the Fayetteville Housing Authority to provide information on housing vouchers and other public
assistance programs to landlords/owners.
PASSED and APPROVED on June 20, 2023
Approved:
Attest:
Page 1
Ordinance: 6670
File Number: 2023-828
Attest:
R K
•.• CI � Y �;,,•9J'
Kara Paxton, ity Clerk Treasurer � ; fgYE7
r
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 20, 2023
TO: Mayor Jordan and City Council
THRU: Kit Williams, City Attorney
FROM: D'Andre Jones, Ward 1, Position 2
Sarah Moore, City Council Member - Ward 1 Position 2
DATE:
SUBJECT: 0
RECOMMENDATION:
BACKGROUND:
DISCUSSION:
BUDGET/STAFF IMPACT:
ATTACHMENTS: Agenda Request - Amend 120.02 Landlord Registry
CITY COUNCIL MEMO
2023-828
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CivicClerk ID No.: 2023-828
AGENDA REQUEST FORM
FOR: Council Meeting of June 20, 2023
FROM: Council Member D'Andre Jones and Sarah Moore
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND § 120.02 LANDLORD'S REPRESENTATIVE
REGISTRY OF THE FAYETTEVILLE CODE BY MODIFYING (D) TO INCLUDE
WHETHER THE LANDLORD WOULD ACCEPT VOUCHER -BASED ASSISTANCE FOR
THEIR PROPERTIES
APPROVED FOR AGENDA:
Council Member D'Andre Jones
Council Member Sarah Moore
c
City Attorney Kit Williams
Approved as to form
l Z / -L I
Date
Date
_��Svq L:�
Date
Williams, Kit
From: D'Andre Jones <dre91732000@gmail.com>
Sent: Friday, June 02, 2023 10:54 AM
To: Williams, Kit; Moore, Sarah
Subject: Re: Landlord
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.
It looks good
Council member Moore is cosponsoring this item
Sent from my iPhone
On Jun 2, 2023, at 10:52 AM, Williams, Kit <kwilliams@fayetteville-ar.gov> wrote:
D'Andre,
Agenda.
Please review and let me know of any needed changes or whether you approve this for the
Kit
From: D'Andre Jones <dre91732000@gmail.com>
Sent: Friday, June 02, 2023 9:17 AM
To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov>
Subject: Landlord
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.
Good morning I plan to move forward with adding this item to the agenda for the June 20th meeting.
Sent from my iPhone
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC:
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Yolanda Fields, Community Resources Director
FROM: Kit Williams, City Attorney C /�
DATE: June 2, 2023
RE: Amending §120.02 Landlord's Representative Registry to require
information from the owner/landlord to reveal whether the landlord would
accept voucher -based housing assistance
Council Member D'Andre Jones is requesting that the City Council amend
§120.02 Landlord's Representative Registry to include "whether or not
properties accept voucher -based assistance." (See D'Andre's attached memo
further explaining his proposal.)
The current Subsection (D) of §120.02 explained when the Registry would
be phased in and so is no longer needed. Therefore, I suggest repealing that no
longer needed subsection and enacting a replacement (D) for D'Andre Jones'
desired information:
"(D) These landlords/ owners shall designate on the Registry whether or
not the landlord/ owner will accept housing assistance vouchers from
prospective tenants."
Attached is the proposed Ordinance to amend §120.02 Landlord's
Representative Registry.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 120.02 LANDLORD'S REPRESENTATIVE
REGISTRY OF THE FAYETTEVILLE CODE BY MODIFYING (D) TO INCLUDE
WHETHER THE LANDLORD WOULD ACCEPT VOUCHER -BASED ASSISTANCE FOR
THEIR PROPERTIES
WHEREAS, Fayetteville rental housing has become substantially more expensive in recent years
with attainable rentals becoming more difficult to find; and
WHEREAS, the City of Fayetteville's Community Resources Department has long worked with
the Federal Housing and Urban Development Department to provide housing vouchers to needy
Fayetteville persons to help them rent modest housing; and
WHEREAS, with the high demand for rental housing, some landlords are no longer accepting
such housing vouchers which creates a need for prospective tenants with housing assistance
vouchers to locate landlords who will accept such vouchers.
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 amends § 120.02 (D)
of the Fayetteville Code by repealing it in its entirety and enacting a replacement (D) as follows:
"(D) These landlords/owners shall designate on the Registry whether or not the landlord/owner
will accept housing assistance vouchers from prospective tenants."
PASSED and APPROVED this 201" day of June, 2023.
APPROVED: ATTEST:
I3v:
LIONELD JORDAN, Mayor
By:
KARA PAXTON, City Clerk/Treasurer
What: The Fayetteville Landlord Representative Registryy- is a database operated by city
development services effective under Ordinance 120.02. The database requires owners of two
or more properties within city limits to publicly register emergency contact information to be
made available to residents and neighbors. Currently required information includes contact
name(s), contact phone, email, and physical address. Any change to this information on the part
of the property owner must be submitted within seven (7) days to ensure accurate
recordkeeping.
Why: Over the last 5 years, rental prices within the city of Fayetteville have risen significantly,
leading to financial hardship and potential displacement for long-term residents.The impact has
been most direct on low to moderate income people; moreover, the increasing difficulty in
finding housing for those with voucher -based public assistance has exacerbated these trends.
As of April 2023, Lindsey Management has ceased their acceptance of voucher -based public
assistance. Lindsey Management is the largest provider of multi -family housing within the state
of Arkansas. Within the city of Fayetteville, they remain one of the largest providers of affordable
housing. Due to this policy change, 64 more households within the city will be required to look
elsewhere. As reported by the Fayetteville Housing Authority, city residents in Fayetteville have
only a 59% success rate in locating and securing housing.
In addition to the policy enacted by Lindsey Management, one other Project -Based Section 8
community within the city will no longer accept voucher -based assistance, Highpoint
Apartments.
How: Due to the increasing strain on the housing supply within the city of Fayetteville,
particularly the stock of affordable housing available to those with public assistance, local
leadership must take proactive steps toward providing remedies.
In order to ensure the most accurate information is provided to the public as to where
voucher -based assistance is accepted by landlords within the city, an update to the Landlord
Representative Registry has become necessary. A simple "yes" or "no" style question in regard
to whether or not properties accept voucher -based assistance would suffice to resolve this
need. While entities such as the Fayetteville Housing Authority also provide information on
landlords that accept vouchers, it is imperative that this information be as accurate and current
as possible. Under the parameters currently required by the city registry, the most detailed
information could be provided within 7 days or less.
To bolster the effectiveness and accuracy of this registry, the city may also entertain the notion
of enhanced fines or accountability mechanisms for representatives that fail to provide this
much needed information.
FAYETTEVILLE CODE OF ORDINANCES 120.02
TITLE A BUSINESS REGULATIONS
CHAPTER 120; REAL ESTATE SALE AND LEASING REGULATIONS
Sections:
120.01 Zoning Disclosure Requirements For Sale Or Lease Of Residential Property
120.02 Landlord's Representative Registry
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." 11
(Ord. No. 5731, 12-16-14) U jr IfCK 6 A-w
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 (1) of these counties) with the power and responsi-
bility 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 be required to designate and register their
Landlord's Representative into the Registry.
(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 a.m. until 6:00 p.m. When a Landlord's Represen-
tative leaves employment or otherwise no longer serves as the Landlord's Representative, the
landlord must within seven (7) 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.
Supp. No. 22 CD120:1
120.02 FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(C) The city shall supply a free Landlord's Representative Registry through the Planning Depart-
ment and offer such registry online for easy access by tenants and the public.
N (D) This Landlord's Representative Registry shall be available for landlords to begin registering
1 " their representatives (which can be the landlord themselves if they live or work in Washington,
1 Benton, Crawford, or Madison County) on December 1, 2020. Proper and accurate registration
MdQc�� 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
§10.99 General Penalty of the Fayetteville Code.
(Ord. No. 6349, §1, 8-18-2020; Ord. No. 6439, §1, 5-18-21)
Supp. No. 22 CD120:2