From Finger Lakes Times:
WATERLOO — The Seneca County Board of Supervisors is exploring a law that would mandate those making an income from rental property keep them habitable.
The matter came up June 27 in the board’s committee meetings as a discussion item under Human Resources and Government Operations. The creation of a law remains preliminary, but supervisors thought it was worth pursuing. Tyre Town Supervisor Elizabeth Partee pronounced it “a great idea.”
While supervisors said they would like to think that the majority of people who rent property in Seneca County are good landlords, they know that is not the case for all.
“The basic idea (of creating a law) is to encourage landlords to provide the best possible living conditions for tenants with a ‘carrot and stick’ approach that ties responsible health and safety standards with robust enforcement,” Fayette Town Supervisor Jeff Trout explained after the meeting.
Trout said the committee, headed by Ovid Town Supervisor Joe Borst, has asked Lee Earp, director of the county’s Code Enforcement Department, and County Attorney Art James to explore models of similar legislation from other municipalities.
In Fayette, Trout said there have been discussions on the placing mandates on owners of rental properties for many years. The topic was raised at a recent county housing strategy meeting as well.
In 2023, an extensive report on the availability and condition of housing in Seneca County noted a concern that while an owner-occupied home might be falling behind on maintenance and safety issues, when it comes to the same for rental property, it’s another matter.
“On the one hand, code enforcement officers might feel, rightly, that citing a homeowner who cannot afford to address an existing issue is morally challenging, even if ethically proper,” the report read. “ ... And the rental issues are more troubling. Landlords not properly maintaining rental units, in order to maximize profits, sends a signal to tenants that landlord profit over the safety of their homes takes precedent for local government.”
The report goes on to point out that “where a homeowner’s decision to not maintain and invest in their homes has direct financial impacts to them, including the loss of value or equity, which can impact nearby properties as well ... the failure to maintain a rental property by a landlord can actually be financially profitable as an increase in expenses reduces revenue, and hence profit. Therefore, there is a profit motive and incentive to defer or outright refuse to invest in a rental property.”
From the information that Earp and James gather, the law will take shape. What kinds of mandates and penalties, and how they will be enforced and collected, will have to be determined. At such an early point in the process, it’s premature to make those decisions, supervisors said.
One of the recommendations of the 2023 report is that the county increase code enforcement capacity and training. Another is creating fund mechanisms, “given that there are concerns that some property owners do not have the financial ability to address violations, Seneca should develop some form of low-income housing rehabilitation program, for both owners and landlords.”
The report gave an example from Erie County, which uses funding from the federal Department of Housing and Urban Development for a low-income homeowner rehab program and a low-income rental rehab program. The low-income homeowner program provides funding for necessary and standard maintenance for low-income owners. Owners qualify based on income and household size, using HUD income guidelines. The rental rehab program provides the same funding to landlords who have tenants who meet HUD low-income guidelines.
And, the housing stock itself is wanting, according to the study, which further places renters at a disadvantage, especially if they are poor.
From 2014 to March 1, 2023, 414 new single-family building permits were issued and three permits for two-family homes. Zero permits for 3+ unit structures were issued.
Vacancy decreased slightly but the number of units classified “other vacant,” often suggestive of abandonment and/or indicators of foreclosure, has increased from 466 to 995.
The percentage of renters who are cost burdened decreased from 59.2% to 43.5% over the last decade. However, 1,436 renters remain rent-burdened.
Based on data from the HUD and the National Housing Preservation Database, in 2023 there were fewer than 550 subsidized rental opportunities in Seneca County (447 housing choice vouchers and 85 project-based Section 8 units). Yet there were more than 1,100 Extremely Low Income and Very Low Income rental households — the typical target for subsidized rental programs — in the county that are cost-burdened. Thus, the inventory of subsidized rental opportunities in the county is less than half of what it needs to be
However, these opportunities have brought with them new stresses that are disproportionately affecting vulnerable populations, especially low-income renters, the study noted. There is a clear need for the county to take action to promote housing affordability and guard its people and housing stock against predatory speculation, especially if landlords allow their properties to fall below code.
“A lot of times these folks are exploited by landlords, and they are not savvy enough to know how file a lawsuit,” Trout said about the need for a countywide law.
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