A draft policy that aims to improve the living conditions of low-income renters, while putting a magnifying glass on unscrupulous landlords, is inching closer to becoming the law in Merced.
City officials met with community members Wednesday evening at United Methodist Church of Merced to discuss progress on the proposed anti-slumlord ordinance, officially titled the “Repeat Housing Code Violators Program.”
The proposal was introduced last year by Councilmember Shane Smith, although city leaders and local activists for years have talked about the need for such a policy.
The city council had a look at the policy draft during their regular Monday meeting. They’ll review it again in the coming months, once additional feedback from the community and themselves has been incorporated.
Wednesday’s Q&A-style session with Smith, who represents District 4 in northeast Merced, and City Attorney Craig J. Cornwell attracted around two dozen affordable housing advocates, residents and tenants who live in substandard housing conditions at rental properties citywide.
Housing advocates with the nonprofit groups Faith In the Valley and Leadership Counsel For Justice and Accountability hosted the meeting. A bilingual interpreter with Leadership Counsel provided English-to-Spanish interpretive services via individual headsets.
Proposal has key protections for tenants
City Attorney Craig Cornwell presented a preview of the proposed ordinance Monday night to the seven-member council.
The policy, Cornwell explained, focuses on enforcement with the goal of addressing substandard housing conditions, with increased scrutiny of landlords and owners who take a lackadaisical approach to their properties.
“They could not go forward with their business without our business license,” Cornwell said about problem landlords.
City officials are still determining how much it would cost to implement the program.
Under the proposal, three unresolved violations within a 12-month period would designate the owner as a repeat violator. A violation is considered any breach of Merced’s municipal code, state housing law, and all provisions of state law that apply to rental properties.
Tenants have a right to be notified of the violations. Within five days of receipt, the property owner would be required to post a Notice of Designation in a visible location near the entry of the property. The notice must remain posted until the violations are properly addressed.
The proposal calls for the city to publish a list of repeat violators for the public, and an annual list of violators would be provided to the council.
The owner might be required to pay for tenant relocation. The city is also considering revoking the business licenses of repeat violators. Financial penalties are still up for discussion.
“We want this ordinance to have teeth,” Smith said during Wednesday’s event, and added, “I think after a few iterations of property owners who are not doing what they’re supposed to be doing, ending up on this list, they’re gonna either have to change their business model, (or) they are gonna have to get out of town.”
The fines would generate a pool of money for council members to discuss how to allocate, Smith said.
Concerns raised about tenant displacement
Councilmember Fue Xiong, who represents north Merced’s District 6, asked whether revoking a property owner’s business license could force tenants to leave the property.
Cornwell said yes, but the property owner would need to pay for the relocation of those tenants. Xiong wanted assurances that tenants would be protected in that situation.
Community members who spoke during Monday’s council meeting and attended the Wednesday discussion also mentioned concerns the ordinance could displace tenants while problem owners attempt to salvage their businesses.
Xiong told The Merced FOCUS the current draft does not include regular code enforcement property inspections. Without that, he said officers won’t be alerted to a potential health and safety hazard unless a tenant files a complaint.
Renter rights advocates like Ashley Marie Suarez with Leadership Counsel said tenants can report retaliatory behavior by the owner, including eviction, after filing complaints with code enforcement.
“Residents would have to report substandard conditions so it’s a reactive program,”Suarez said Wednesday night.
Smith agreed, and he committed to push for a clause in the ordinance to help prevent retaliatory behavior.
The landlord, for example, would not be allowed to begin an unlawful detainer or eviction process in the six months after a tenant files a complaint with code enforcement.
During Wednesday’s community discussion, Smith also suggested a $1,000 daily fine for repeat code violators on the list.
“We want this to hurt, and I am not sure the current fee structure does,” Smith said during the ordinance’s most recent council discussion.
A revised draft of the ordinance is expected to return to council by May. “It’s taken a bit to get to this point,” Mayor Matthew Serratto said, adding “We need to get (something) on the books.”