Twilight Zoning in Bellingham: Dealing with Meth Contamination

Thursday, February 26, 2015

Dealing with Meth Contamination - A Race to the Bottom in Whatcom County

[This article by me first appeared on 25 February 2014 on NWCitizen.]

Methamphetamine contamination of homes in Whatcom County is a serious problem that can affect all housing: private homes, rental units and motel rooms. One need go no further than the recent condemnation of the Aloha Motel which had severe meth contamination of many of its rooms, some of which were occupied by families with small children. Just one year ago a rental home on Myrtle St. was condemned as unfit for human habitation due to meth contamination. A short while ago I asked the Bellingham City Council to add inspection for meth contamination to the checklist for rental inspections that is being developed in conjunction with a rental registration program. Council demured.

With this as a background, the Whatcom County Health Department approached the Whatcom Health Advisory Board last May and June asking them to modify the county ordinance on meth contamination of illegal use sites (as opposed to meth manufacturing sites) such as hotel rooms and dwelling units. The Public Health Advisory Board agreed and the County Council is scheduled to consider these changes in a hearing on 3 March. (You can read the agenda bill from 10 February with the draft ordinance here.)

Presently, the mitigation of a contaminated site is the same regardless of whether the site was for manufacture or illicit use of meth; contamination levels are contamination levels in either case. Under current law, the supervision of a mandatory cleanup costs the Health Department about $1,000, and because the department supervises about 15-20 of these remediation efforts per year, they were feeling the fiscal pinch after losing grant money that previously covered the cost. As awareness of possible contamination rises, whether for manufacture or illicit use, the county is on the hook for managing an increasing number of cleanup sites.

The idea behind the new recommendations is to “decrease financial and enforcement barriers to self reporting and cleanup” of these illicit use units - which includes rentals. The changes would substitute “technical assistance” to property owners versus the mandatory cleanup regimen currently used for meth manufacturing. It is not clear how this substitution will encourage property owners to come forward.

The revised county ordinance would also increase permissible levels of meth contamination from .01mg/100 square centimeters to 1.5mg/100 square centimeters, although no level of contamination has been proven to be safe. Those who have compromised health to begin with can indeed be at greater risk than the general public. [Note: This change in contamination levels is not optional for the county since it must conform to levels stated in the RCW.]

The landlord of the Myrtle St. rental refused to pay for testing of the home when the student tenants reported health problems. (Read more on this here and here) The students paid for the tests themselves and discovered a contamination level of 1.4 mg/100 square centimeters, well above the .01mg/100 square centimeters which was the minimum acceptable level at the time. By raising the minimal levels to 1.5mg/square centimeters as in the proposed ordinance, the Myrtle St. property would not be considered contaminated. Not surprisingly, further testing at Myrtle St. at the time by a contamination abatement contractor found levels at 4.2mg/100 square centimeters, well above even the expanded levels proposed to the County Council. Under the current changes, these extremely high levels would never have surfaced and the women would have been left to their own, limited devices.

So who loses under this proposed scenario? The tenants, the hotel room occupier, the purchaser of a home. With contamination considered anything over 1.5mg/100 square centimeters, the property owner, landlord and hotel management get a pass. Nothing will cloud the property title with respect to meth use sites under the new regime. Furthermore, it all comes down to money: the county will save on abatement management costs and the landlord/home owner will save with more lenient clean up rules. The home purchaser, the tenant and hotel guest will take on more risk. This is a race to the bottom in health management.

Note to readers: An agenda bill for the proposed 3 March hearing is now posted on the county council's website.

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The Rationale for Rental Licensing

There is the definitive experience of cities that have already adopted rental licensing and inspections in the face of exactly the same opposition as we saw in Bellingham over the last decade. Ultimately, each of these cities was proven correct in its resolve to move ahead to protect the safety and health of the renters. We already know that the city of Pasco, WA found that 15% of the units inspected under their program had serious life/safety issues. 10% had mold problems. A full 85% had problems of varying degrees. The city of Gresham, OR performed over 1600 inspections in 2009 and issued, as a result, over 4,000 citations. Lexington, KY performed inspections of units near the University of Kentucky and found that 50% had life/safety issues. Sacramento, CA began an inspection program during which one third of the units inspected had serious safety and health issues. The question why does anyone believe that the condition of rental housing here in Bellingham does not mirror that which is found in cities that have the statistics to show that time and time again the condition of rentals in our cities is problematic? All we have had to date from those who oppose licensing are broad statements by the landlords and their paladins that are completely and utterly unsubstantiated. The Zonemaven has searched in vain for the horror stories that these opponents of licensing and inspections have predicted. On the other hand, The Zonemaven did find over 100 cities that have licensing AND inspections without the catastrophic effect for the rental markets that the landlords would have you believe. (See this blog's sidebar at bottom left for list)

One Reason Illegal Rooming Houses Do Not Work

The limit for unrelated persons at a single family home rental is three residents. Leases are signed by three people who then invite additional renters to join them to lower per capita rental rates. The perverse effect is that rental rates tend to rise under these circumstances making it difficult for single families to rent single family homes. Some local rental agencies facilitate this practice.

"To say that a family is so equivalent to a ragtag collection of college roommates as to require identical treatment in zoning decisions defies the reality of the place of the family in American society, despite any changes that institution has undergone in recent years. Only the most cynical among us would say that the American family has devolved to the point of no greater importance or consideration in governmental decision making than a group of college roommates." (Stegeman v. City of Ann Arbor)

That being said, accommodation ought to be made for protected classes, especially non-traditional unions and group houses for the disabled. These classes are laid out in federal and Washington State law.