If you don’t have enough government in your life, this will make you happy.
If you own rental property in the Oklahoma City metro area, you better pay attention.
The City of Midwest City recently passed a city ordinance that requires property owners who own rental property in Midwest City to register those properties with the city by July 1, 2011.
Starting in 2012, there will be $50 per property registration fee for rental houses, and $10 per unit registration fee for multi-family units. If it was just another tax assessed on landlords that would probably be something we could all grumble about a little bit and go about our business.
However, Midwest City has taken cues from Del City which has it’s own ordinance regarding rental properties. Del City requires code inspections at rental properties, making landlords possibly criminally liable if repairs are not made to properties. Many investors have sold or want to sell their Del City rentals because of this program.
On the City of Midwest City web site it states that the program was established “to protect and promote the health, safety and welfare of the residents of the city, particularly those who live in rental properties or the neighborhoods surrounding them. It is designed to promote the continued maintenance of safe and secure rental properties; to facilitate accurate ownership and local agent information; to preserve the quality of existing housing stock; and, to ensure that rental housing is being operated and maintained in a manner that does not foster blight and deterioration or become a nuisance to its surroundings.”
The city puts some pretty impressive spin on the vision of this ordinance. However, the fact is they already have a pretty effective mechanism to take action against landlords who don’t keep up their properties.
Instead, the city requires landlords to follow the requirements of the most recent version of the International Property Maintenance Code. Until I read the ordinance, I had never even heard of this set of standards. It is a comprehensive code that covers just about every aspect the interior and exterior maintenance of a property, including mechanical, electrical, plumbing, heat and air, fire prevention and suppression, etc.
The least expensive “most recent” addition of this code is the 2009 version which can be purchased on line for $24. I confess I didn’t jump in and immediately buy the thing. But I did download an older (2003) version I found by googling “international property maintenance code”.
What I found were 40 pages of specifications for maintaining property. Tons of nitpicky details.
My concern is that even the best maintained 20-year old or older rental property in Midwest City is going to come up short on at least some of these.
The way the ordinance is written, an owner is out of compliance with this ordinance if they fail to register the property or they are not in strict compliance with the International Property Maintenance Code. The penalty for noncompliance is set NOT LESS THAN $100 and NOT MORE THAN $500 per “non-registered” property (I assume they also mean a registered property that has a violation of the International Property Maintenance Code) EACH DAY OF THE VIOLATION.
Unfortunately, the ordinance does not indicate what type of notice will be make to the owner of the property. Will the city make notice about violations so the owner can address them? It’s just not clear.
In addition, the ordinance allows the city to revoke the rental property registration for just cause, including:
1) including false information on the registration form, or
2) a property has failed to comply with two (2) or more of the requirements, or the owner has two (2) or more violations of the International Property Maintenance Code for any property within a given registration period, or
3) Change in property ownership.
The ordinance makes clear their is no appeal process. Once your registration is revoked, that’s it.
What would be the consequences of revocation? Clearly, that owner would not be able to lease out the property. Suppose their is a legal lease in place with the tenant. How can the city legally force an end to this lease agreement? It seems that the owner would be forced to sell the property if they could not lease it.
Another question is what would happen to an owner of multiple properties if the city revokes their registration. Would the city revoke registration of all properties an owned by an individual or entity?
It would be nice to get some clarification on these issues.
I can just about guarantee that other cities are taking notice of this Midwest City ordinance. What if Oklahoma City adopted a similar ordinance? I for one would not be a happy camper.
The ordinance puts the screws to landlords, the adoption of this ordinance by other cities in the metro area represents a threat to landlords.
There has been some talk of a legal challenge to the Midwest City ordinance. Stay tuned.
Sun, Feb 26, 2012
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