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City plans strict rules on tenants and landlords
The proposal requires landlords to evict tenants after three disruptive incidents within a year.
Lancaster New Era
Jan 06, 2009 10:36 EST
Lancaster
By BERNARD HARRIS, Staff Writer

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I work a job at which I find myself entering apartments in the city on a regular basis, and I have to say that I am consistently appalled by the way landlords maintain their properties. This ordnance should include measures to enforce maintenance standards, including a regular program of inspections by the city. Many properties in the city are fire traps, a condition caused by poor maintenance and also by the conditions that tenants choose to live in. Holding tenants accountable is a necessary component.

What must come first is the development of an accurate catalog of exactly how many rental units exist in the city. I know for a fact that the city is completely unaware of how many homes have been converted to rental units, many of which are not anywhere close to code.

As for the thought that this ordnance might push poor tenants out of the city... GOOD! Throw the bums out. The city and other groups provide incentive for home buyers to purchase rental buildings and convert them to single family homes. These are great programs, but are under-utilized I think in part because there are so many rental buildings with poor tenants.
avgwhiteguy
QUOTE
It is not necessary that such conduct, action, incident or behavior constitute a criminal offense, nor that criminal charges be filed against any person in order for said person to have perpetrated, caused or permitted the commission of Disruptive Conduct...
I still don't like it. I don't like that a person who didn't commit the disruptive conduct, or was even present when it was committed, can face punishment as a result of it. And, yes, I know there is a seperation of causality; the landlord is being punished for not evicting the tenants, not for the disruptive conduct. But it doesn't seem fair that the tenant can not face charges or punishment, yet the string of events ends in the threat of jail for the landlord. It places the landlord in a babysitter role. I thought that, in America, we didn't hold others responsible for the crimes of adults. If the conditions for eviction required at least one conviction for the tenant on charges resulting from the disruptive conduct, I'd feel a lot better about it. If a person is so disruptive to a neighborhood that they need to be removed from that neighborhood, that removal should be by arrest, conviction and detainment. Don't put landlords in charge of enforcing the minor crimes the City doesn't want to prosecute.

Oh well, plenty of people seem to like it. And I'm not a landlord or a renter. So be it.
greidel
QUOTE (avgwhiteguy @ Jan 6 2009, 09:09 PM)
This ordnance should include measures to enforce maintenance standards, including a regular program of inspections by the city.

It does. Section 2, part A, subsection (i) of the proposed ordinance states:
QUOTE
Keep and maintain all Residential Rental units in compliance with all applicable codes, ordinances, and provisions of all applicable local and state laws and regulations, including but not limited to the Property Maintenance Code of the City of Lancaster.

Lancaster City has already started a regular program of inspecting rental properties. This block-by-block, door-to-door systematic inspection has uncovered hundreds of unlicensed rental units. One of the goals of Gray and his people is to correct exactly what you have mentioned:

QUOTE (avgwhiteguy @ Jan 6 2009, 09:09 PM)
What must come first is the development of an accurate catalog of exactly how many rental units exist in the city. I know for a fact that the city is completely unaware of how many homes have been converted to rental units, many of which are not anywhere close to code.
Artie See
QUOTE (stanwills @ Jan 6 2009, 03:07 PM)
This will be another bunch of laws that will not be enforced, just like the litter, and double parking.


Oh man, I wish they enforced the double parking law like they enforce the regular parking law. Ugh.

--

This law is good, but a little worried in two instances:

"• Defining disruptive conduct, such as loud music or damage to property, as an incident investigated by city police, but not necessarily rising to the level of criminal charges being filed."

There is not good reason why a landlord should be forced to evict a tenant- or go to jail or be killed if he refuses- if there is no law broken and no penalty for the actual person causing the disturbance. This should be reworded so that disruptive conduct only includes violations actually charged by the city police.

"• Requiring landlords to send written notice to the city whenever an apartment is rented."

I am uneasy with the city knowing where I live by getting a notice.
apple4ever
QUOTE (Artie See @ Jan 6 2009, 10:36 PM)
Gray said that nearly identical laws survived numerous court challenges in Allentown and Lebanon.
No. See below.
No. See below.
I was amazed to see just how thoroughly this was thought through.

Here is the definition of "Disruptive Conduct" from the proposed ordinance:


Numerous court challanges costing the tax payers alot of money win or loose! This money could be spent so many better ways! If you do not get a citation from the police they can still use that complaint against you??? doesnt sound like this was very well thought out. How about enforcing the laws we already have first before we make more that we wont do anything with!
joshmuss
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