Loading...
Community Housing Task Force Charge - 09.16.1997 CITY OF TIGARD OREGON TO: Community Housing Task Force FROM: David Scott, Building Official DATE: September 16, 1997 SUBJECT: Staff Report on Community Housing Issue COUNCIL CHARGE: At its July 22, 1997 meeting, the City Council adopted the following charge for the Community Housing Task Force: The Community Housing Task Force is charged to review the following issues and recommend a Community Housing Program to the Council. 1. How comprehensive should a housing program be in Tigard? Should all rental units (single and multi-family) be included, only multi-family, or only specific units based upon some threshold of age and size? Should hotels, motels and other similar uses be included? 2. How often should targeted units be inspected? 3. Should inspections cover a fully comprehensive list of habitability issues, or should only certain limited issues be covered? 4. Should the program be fully proactive, only reactive or some combination thereof? 5. How should a housing program be funded? Should landlords be assessed a license fee, should general fund appropriations be used, block grants (if they are viable for Tigard's situation), or some combination thereof? TASK FORCE GOAL: The Task Force's goal is to report back to the City Council on all items of the Council Charge. The report should include the Task Force's analysis of the issues and a recommendations) for Council action, including but not limited to: • analysis 13125 SW Hall Blvd„ Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772 • draft ordinance • administrative/implementation procedures and policies • staffing and funding SCHEDULE: The tentative workplan for the Task Force is presented in Attachment "A." BACKGROUND: General Nature of Housing Problem in Tigard: As Tigard's housing stock ages, the occurrence of housing blight and deterioration is increasing. While this is most evident in older multi-family rental properties, similar problems occur in single-family properties. Tigard currently has no housing program designed to address this problem. Tigard's "Dangerous Buildings" code, which focuses primarily on structural or damage issues, does contain a provision dealing with housing issues. However, the language of this provision is ambiguous because it does not contain standards from which to determine inadequacy for human habitation, etc. Further, the "Dangerous Buildings" code is not intended for this purpose and is therefore not administratively crafted to provide for a housing program. Staff recalls only one instance where this provision was invoked to seek improvements to a dwelling unit (sewer pipe was disconnected). Tigard Housing Inventory: See Attachment "B." Objective of a Community Housing Program: Currently in Tigard, there are roughly 6,000 rental units in multi- and single-family dwellings. The general objective of a Community Housing Program is to reverse the debilitating effects which housing blight and deterioration cause to a community. At the center of such a program is the housing code, which establishes minimum standards essential to make dwellings safe, sanitary and fit for human habitation by governing the condition and maintenance, the supplied utilities and facilities and the occupancy. Items inspected under a fully comprehensive program cover all facets of habitability. This objective is distinct from that of the building code, which is intended to require buildings to be constructed in such a way to sustain safely, the loads expected and to be reasonably safe for occupancy against fire and similar hazards. Types of Community Housing Programs: Once a good housing code is adopted, there are several ways to implement the program: • Complaint and Referral Inspection - Housing inspections are performed only after a complaint or referral is received. This approach satisfies the person making the complaint or referral and helps improve some of the community's sub-standard housing. However, this unsystematic approach does little to bring about general improvements and is an inefficient way of using inspections staff. Also, staffing levels are difficult to predict. 2 • Proactive Inspection - Housing inspections of dwelling units are routinely performed at a specific interval. Any sub-standard items discovered are required to be corrected. Inspections are also performed when a complaint or referral is received. A proactive inspection program can be very comprehensive, including all multi- and single-family units or can be limited to rental units only, multi-family rental units only or certain target neighborhoods or properties. Funding Options: Comprehensive, proactive programs require a steady funding source. Options include license fees for landlords, general fund and fines for failure to timely comply with deficiencies noted upon inspection. Programs which target specific neighborhoods or projects may qualify for HUD grants. Sometimes various permits may be required for corrective work. Fees for these permits would cover the costs associated with issuing and inspection and would not subsidize the proactive inspections. Complaint and referral programs are difficult to fund directly because workload and activity are difficult to project. General fund designation is the most practical funding source. Fines for untimely compliance can provide some additional revenue. The Building Fund cannot be used to subsidize a housing program without a major policy shift on the appropriate use of fees paid by developers, builders, contractors and homeowners. Currently, fees are used solely to support plan review, permitting, inspection and related services, which the fees are intended to support. Shifting some of this revenue to other uses would impact our service to this constituency. Any move in this direction should be made in close consultation with this fee paying constituency. Staff anticipates significant resistance to this concept. Further, State rule requires that fee increases only be permitted if they are dedicated to the directly related services mentioned above. Electrical fees are already statutorily dedicated to electrical inspection services to the fee payers. Staffing: Housing inspection programs are staffed by Housing Inspectors and support staff. Housing Inspectors are different from Building Inspectors, but Building Inspectors are likely to be qualified to perform housing inspections. The housing inspection and support staff required to do housing inspections is in addition to the existing building inspection staff. Staff levels required in Tigard would depend upon how comprehensive a potential housing program is. A very rough estimate for a fully comprehensive housing inspection program that addresses every rental unit in Tigard once every three years (approximately 3,500 inspections/year) is two housing inspectors and a support person. The rough cost of this is up to $165,000 for the first year and up to $140,000/year thereafter. Staff levels and costs for a less comprehensive program would depend upon the specifics of the program. Also, some amount of legal expenses will be included. Models from Other Jurisdictions: Currently, no municipality in Washington County has an adopted housing code or a housing inspection program. Staff is only aware of two such programs active in Oregon (Portland and Salem): 3 • Portland - Portland compiled existing housing provisions into one title of its municipal code in 1970. These housing provisions were replaced in 1993 with new provisions based upon the work and report of the Citizens Advisory Committee on Quality Rental Housing. Portland's program consists of a combination of proactive and reactive inspections. Proactive inspections are performed in three target neighborhoods and for all multi-family rental housing (three stories or higher and older than 20 years) considered at risk. All other inspections are complaint and referral based. Funding for the target neighborhoods is 100% from HUD grants. Funding for the other proactive multi-family inspections is 50% HUD grants and 50% general fund and fines. Funding for the reactive inspections is general fund and fines. Portland performs approximately 16,500 inspections/year and has a staff of 18 inspectors, 2 inspection supervisors and 7 support staff (including 1 supervisor). • Salem - Salem began its program in 1972. Salem's program is fully comprehensive and proactive. All multi- and single-family rental units are inspected every 3-5 years. Hotels, motels, homeless shelters and room and board facilities are also included. Inspections are also performed pursuant to complaints and referrals. Owner occupied single-family units are covered by the code, but are inspected only on a complaint/referral basis. Funding for the program is by an annual license fee of $7.50 plus $7 per unit. Salem performs approximately 4,500 inspections/year and has a staff of 2 inspectors. Salem staff indicates that they are behind in their proactive inspections at this staff level. Implications of a Community Housing Program: The question of whether to start a Community Housing Program in Tigard represents a significant policy decision. Options of program comprehensiveness and funding are varied. A program will impact multi- and single-family rental property owners, as well as, potentially all owners of single-family and condominium units. The social and economic benefits of reversing housing blight and deterioration and attempting to ensure that housing in Tigard meets minimum standards of habitability must be weighed against the specific cost to rental property owners and the general cost to Tigard's taxpayers. Robert O'Bannon, in his book, "Building Department Administration," lists six factors necessary for a successful community housing program: 1. Adoption by municipal officials of a housing ordinance with realistic code provisions which will help maintain the quality of "good" housing and substantially improve the quality of"poor" housing conditions. 2. The code administration (compliance) program must be well planned and conducted in a systematic fashion. 3. The program must have sufficient financial support for an adequate number of personnel and other administrative needs. 4. Legal counsel and direct legal aid must be readily available to the program staff when needed. 4 5. Housing inspectors must be adequately trained and supervised so that they can conduct their work competently. 6. The general acceptance, support and participation of the public in the housing improvement efforts of the program must be secured. O'Bannon elaborates that the last item will largely determine the success or failure of the program. ENCLOSURES: In addition to Attachments "A" and "B" noted above, enclosed are Portland's 1992 report from their Citizen's Advisory Committee on Quality Rental Housing, Portland's Housing Code and Salem's Housing Code and associated documents. i:mwaw.�nmo.vii 5 COMMUNITY HOUSING TASK FORCE COUNCIL CHARGE The Community Housing Task Force is charged to review the following issues and recommend a Community Housing Program to the Council. 1. How comprehensive should a housing program be in Tigard? Should all rental units (single and multi-family) be included, only multi-family, or only specific units based upon some threshold of age and size? Should hotels, motels and other similar uses be included? 2. How often should targeted units be inspected? 3. Should inspections cover a fully comprehensive list of habitability issues, or should only certain limited issues be covered? 4. Should the program be fully proactive, only reactive or some combination thereof? 5. How should a housing program be funded? Should landlords be assessed a license fee, should general fund appropriations be used, block grants (if they are viable for Tigard's situation), or some combination thereof? . �wwe►' w/ vl TASK FORCE GOAL The Task Force's goal is to report back to the City Council on all items of the Council Charge. The report.should include the Task Force's analysis of the issues and a recommendation(s) for Council action, including but not limited to: • analysis • draft ordinance • administrative/implementation procedures and policies • staffing and funding Attachment "A" Community Housing Task Force Work Plan July Aug Sept Oct Nov Dec Jan Feb 1997 1997 1997 1997 1997 1997 1998 1998 TASKS 1 , 1 1 � 1 1 1 1 1 1 1 1 1 ----- 1 1 1 1 1 -- - ---- 1 1 1 1 1 1. Appoint Task Force Members : 0 x I ' 1 1 1 1 1 1 1 1 2. Evaluate alternatives x x : x I x . x x : x x 1 1 1 1 1 1 1 1 , 1 1 1 , 3. Draft Task Force Report ' x x 1 , 1 1 1 1 , 1 1 1 1 , , 1 1 , 1 1 •- 4. Final Task Force Report I x - ------ ------ -----------------------------;----- ---- --- 5. Update City Council x : 0 6. City Council work session on report/ : x o 1 alternatives - <----- ------ -------------'------------------------------ ---- --- ---- --- 7. Public hearing I 1 . x o - ----- --------------------- -----;--------------• •----- - 1 1 1 1 ------ ------ 1 1 1 1 1 = 1 1 1 1 1 , 1 , i 1 1 , 1 1 KEY: x = Activity or reports due to Council o = Council review (scheduled on agenda) I:bldg\david\htfwkpL docs Attachment "B" TIGARD HOUSING INVENTORY OVER-ALL (Based Upon 1990 Census, 1994 Metro And Current County Assessor) Owner Occupied Rental Total Single-Family Units 9,100 800 9,900 Multi-Family Units NIA 5,100 5,100 Totals: 9,100 5,900 15,000 • Breakdown Of Size (based upon 1990 Census) 1 unit 7,850 2-4 units 1,243 5+ units 3,419 • Age Breakdown Of 5+ Unit Apartment Buildings (based upon current County Assessor) Year Built # of Buildings # of Units 1930 1 no record 1950 1 12 1960's 39 1,382 1970's 25 1,181 1980's 8 510 1990-94 6 793 1995-96-97 6 1,064 • Height Breakdown Of 5+ Unit Apartment Buildings (based upon current County Assessor) # of Stories # of Buildings # of Units 1 8 215 1 & 2 20 1,670 2 46 925 3 15 1,999 3 no record TYPES OF COMMUNITY HOUSING PROGRAMS Once a good housing code is adopted, there are several ways to implement the program: • Complaint and Referral Inspection - Housing inspections are performed only after a complaint or referral is received. • Proactive Inspection - Housing inspections of dwelling units are routinely performed at a specific interval. FUNDING OPTIONS Comprehensive, proactive programs require a steady funding source. Options include: • license fees for landlords • general funds • fines for untimely compliance • grants IMPLICATIONS OF A COMMUNITY HOUSING PROGRAM Six factors for a successful community housing program: • Adoption by municipal officials of a housing ordinance with realistic code provisions which help maintain the quality of"good" housing and substantially improve the quality of"poor" housing conditions. • The code administration (compliance) program must be well planned and conducted in a systematic fashion. • The program must have sufficient support for an adequate number of personnel and other administrative needs. • Legal counsel and direct legal aid must be readily available to the program staff when needed. • Housing inspectors must be adequately trained and supervised so that they can conduct their work competently. • The general acceptance, support and participation of the public in the housing improvement efforts of the program must be secured.