Rental Licensing "Я" Not Us - Landlords Speak

Rental licensing is likely coming to Bellingham. Over the past several years, the Zonemaven has collected a list of objections to licensing, mainly from rental owners but also from members of the public and our city officials. Here they are in all their glory, followed by my comments.



Rental owners are losing money. Were I a landlord, I would not admit to this for reasons that ought to be obvious. Nevertheless, according to landlords, rental housing is a dreadful business and those who engage it in condemn themselves to operating on a shoestring. Perhaps that is the reason for which we have a housing market in Bellingham in which ONLY over 50% of single family homes are rentals, so eager are homeowner-investor/landlords to throw themselves onto the pyre of landlord-ism. Perhaps the landlords might do us all a favor and sell their homes to cut their losses and allow families and young wage earners buy them for permanent residences. The landlords stop losing money and get their capital gains while the new homebuyers begin to accrue equity. A true win-win.




The Bellingham Municipal Code definition of Family discriminates against couples and gays. This is a red herring argument, trotted out repeatedly by landlords and some politicos, which has no basis in fact. It sounds good to an audience that does not take the time to examine the code’s wording and the exceptions provided. (Click here to read from the source document)


"Family: One or more persons related by blood, marriage, or adoption, or not more than 3 unrelated persons, living together within a single dwelling unit. For purposes of this definition children with familial status within the meaning of Title 42 United States Code, Section 3602(k) and individuals with disabilities within the meaning of Title 42 United States Code, Section 3602(h) will not be counted as unrelated persons. "Adult family homes," as defined by RCW 70.128.175, are included within the definition of "family." Facilities housing individuals who are incarcerated as the result of a conviction or other court order shall not be included within this definition."


If referendum measure 71 passes (click here for info), a simple amendment to the municipal code to accommodate domestic partners will suffice. This is the right thing to do and the Zonemaven supports it.


Rental ordinance proposed in Seattle defeated as too costly for rental owners. Bellingham is not Seattle. Its demographics are not remotely similar. Only 16% of rental housing units in Seattle are single family homes. The cost for rental owners for the licensing program in Seattle would have been on the order of $28 per year, hardly a burden by any stretch of the imagination. (Click here for a study on the City of Seattle) I would imagine that a rental owner of a badly maintained unit might consider the licensing program costly since such a landlord might, for the first time, have to clean up a very large mess.






Only 3-10% of units are at issue and that it would be a monumental task to inspect. This contention repeats findings that cite averages nationwide for rentals that are found to have serious violations. The assumption is that the averages apply to Bellingham, however, the Zonemaven has found no data to back up that argument. Given the high rate of rentals as a percentage of single family homes (above 50%) in Bellingham and the fact that no inspections have ever been effected in any of these homes, unless related to work authorized by permit within the house, a statement one way or the other cannot be reliably made. The sure test is that of inspection, which the city of Pasco seems to do easily. Even with modest licensing fees, enough money can be raised through the program to hire a sufficient number of inspectors.



Cost of licensing will be passed on to renters. Given claims by landlords that they are on the razor’s edge of profitability, I am not surprised by this statement. The reality is that we are likely looking at a very modest fee for licensing rental homes, on the order of $30-$50 per year. (Read about the study by the City Council’s Legislative Policy Analyst here.)That translates into less than a dollar a week which is also less than the minimum dues for becoming a member of the Northwest Rental Owners Association ($60 per year for 1-2 units. Is that expense passed on to the tenant also?). Forgoing one latte hebdomadally on the part of the landlord is sufficient to absorb the cost of either dues or licensing. Now, if the idea is for landlords to pass on to the renters the cost of years of neglect in bringing their homes up to code, then there is a serious problem for the landlords in question. It is time to sell that shack as a fixer-upper and retire.



It is a bargain to rent. (I am not sure the reason for which this was brought up by a landlord but I feel obligated to mention it.) It sure is a bargain for those who do not mind sharing a single family home with 5, 6 or 7 others to reduce the per capita cost of the rental while mindfully violating city codes. Unfortunately, this shuts out many families of modest means who cannot afford elevated rents created by this artifice. Case in point is a 4 bedroom home directly across the street from me which was occupied by a single family paying rent of approximately $1,800 per month – not cheap to begin with. The landlord raised the rent to more than $2,200 and the family had to relocate to the county to find an affordable rental. Five unrelated students moved in a month later, oblivious to the fact that the prior renters, the family, had been run out by price gouging. Landlords do the math. Do not kid yourself.



Current codes suffice. Were everything hunky-dory, the Zonemaven would be writing about pruning trees, crossword puzzles or canoeing on Lake Gitchigoomie . Landlords game the system, however, the extent to which that is being done remains somewhat opaque since enforcement of codes in Bellingham is problematic. For example, abuse of the Accessory Dwelling Unit (ADU) in the rental market (Click here to read about that), abuse of exemptions to the municipal code (click here and here to read about this problem), connivance of management companies on rentals to groups of unrelated persons (click here to read an example of these shenanigans - last half of blog entry). Consider also this from a study (See para E of Executive Summary) on the city of Seattle:

"The analysis of one year’s housing code complaints raises questions about the limits of a system

that relies exclusively upon residents to lodge complaints about their housing. Prior research by

the City during the pilot inspection program in the late 1980s showed that most of the poor

quality housing discovered through that program had had no prior complaints. It is likely that the

same would hold true today. The City is highly unlikely to learn of all substandard units through

complaints by residents."

There is a tenant law already. There surely is one for the state of Washington, however, it is not sufficient and does not have a mechanism to create inspection programs for municipalities. If the state law were the cure-all, then cities like Pasco would not have gone through all the trouble to ensure that their statute be upheld by the courts. And then there is this gibberish taken directly from the Revised Code of Washington, 59.18.415:


“Applicability to certain single family dwelling leases:
The provisions of this chapter shall not apply to any lease of a single family dwelling for a period of a year or more or to any lease of a single family dwelling containing a bona fide option to purchase by the tenant: PROVIDED, That an attorney for the tenant must approve on the face of the agreement any lease exempted from the provisions of this chapter as provided for in this section.”


Can someone tell me the purpose of writing this gobbledygook as an aid to landlords or renters?





What is needed is education and communication. This is known as the Kumbaya defense. Its promoters suggest that all we have to do is sit down and talk about the problem and it will be solved by the mutual goodwill thus created. Never mind that the landlords themselves have proffered (see above) that a mere 3-10% of their group are problem landlords. In Bellingham, that translates into 300 to 900 problem rentals , based on city figures that there are approximately 18,000 single family homes, half or more of which are rented. (Click here to for a document with single family home figures as of 2006) Will these problem landlords suddenly see the light and rush to join hands and to sing songs around the campfire? Is the rental owners’ association doing anything at the moment to bring these black sheep fellow landlords into the fold? Check the Northwest Rental Owners Association website at http://www.nroai.com/. It has been 5 years since the City Council organized the open meeting on rental licensing at the Cruise Terminal (read about that here) and there is not one shred of news on the association’s site indicating any sort of action on their part to clean up the bad rentals in Bellingham. The only time the landlords take any action is the moment rental licensing is proposed and then the howling begins.


So what is the landlords’ plan to fix the problem? To date that plan has been “Just Say No” to anything proposed. You can tell our city officials that now is the time to license landlords and provide a safer, more secure rental market, not only for thousands of students but also for families and young wage earners. Write to:

Mayor Pike: mayorsoffice@cob.org
City Council: Citycouncil@cob.org

Knutson and Lilliquist Get It Right on Rental Home Licensing

Gene Knutson and Michael Lilliquist are correct in their assessments that now is the time for licensing of rentals in Bellingham. Michael suggested his support in a recent comment appearing on the NWCitizen site (click here to read that article with Michael’s comment) Michael states, in part, “Licensing would be a funding mechanism precisely so that nuisance problems would be investigated and enforced by the City, not by neighbors. This would make it so that it is not neighbor against neighbor, which is what we have now. We are talking about trained civil employees of the Police Department following up on parking problems, noise and litter problems, and unsafe living conditions and fire code violations that threaten both tenants and neighbors.” Although the Zonemaven has always contended that nuisance violations are only a part of the totality regarding code enforcement in Bellingham, there is the additional problem of unwanted, uncontrolled and unregulated infill caused by illegal rooming houses. Zoning enforcement by nuisance control is nonsensical. A rental licensing program would serve as a tool to control both nuisances and adherence to zoning codes.

In the current Cascadia Weekly (click here), Gene indicates that the city will “have to go there (licensing)." He continues, “You know, when this first came up the landlords went ballistic. We had a meeting over at the ferry terminal [read the Zonemaven blog entry on this fiasco by clicking here] and everyone was yelling and screaming and hollering, but landlords are operating a business and I think we need to hold them accountable as business owners. I’m hearing a lot of horror stories out there from single-family neighborhoods that are impacted by this. In terms of the costs of addressing those concerns, we’ve heard anything from $250,000 to $500,000. But even if you added $25 per year on to the cost of a rental unit, we would probably generate enough money to put four or five inspectors on this issue.”

Amen.

Gene is running for re-election, unopposed for his Ward 2 Council seat. Michael Lilliquist is a candidate for the Ward 6 Council seat. Both deserve your vote on November 3rd.

Excellent Exchange at Citizens’ Forum on Infill, Density, Enforcement and Neighborhood Character

Last Saturday’s forum on infill, density and neighborhood character drew a respectable number of homeowners, city and WWU officials, landlords, and students. The discussion was at times lively but always civil. The fact that there was give and take on many topics was in contrast to the stilted and mechanical process of municipal and county hearings in which “testimony” is a one way street. Any expectation of meaningful exchange at these venues is very limited.

The Zonemaven provided an initial overview of the topic, borrowing from his own blog on the second anniversary of Twilight Zoning in Bellingham (click here to read that entry). Steve Swan, WWU’s Vice-president for University Affairs also spoke briefly about the university’s concern about its role and relationships with the city. Anne Mackie of the York Neighborhood described the problems encountered year after year in her neighborhood with uncontrolled rentals and lax code enforcement affecting the neighborhood character. Unfortunately, the Bellingham Herald was not present but a reporter for the Western Front managed to write an article over the weekend which appeared today in the web version of the newspaper (click here to read that article).

As with all Citizens’ Forum discussions, no position on any of the issues was taken by the group as the forum is meant to be a place for the exchange of ideas and information in an atmosphere of true dialogue.

The Zonemaven urges his readers to attend future events offered by the Citizens’ Forum.

A Reminder - Citizens' Forum Event on Saturday, 10 Oct

This is a reminder for the Citizens' Forum event on 10 October, this Saturday.

“WHAT MEANS ARE THERE TO MANAGE INFILL/DENSITY AND TO MAINTAIN THE CHARACTER OF OUR NEIGHBORHOODS?”

This promises to be a lively discussion on topics such as infill, density, neighborhood character, zoning & code enforcement, rental property licensing and the role of Western Washington University with respect to these issues.

Click on image of flyer to enlarge it.

WWU Students Fight Back in the Rental Market - And with Reason

A recent article in the Western Front, the student newspaper for Western Washington University, (Click here to read the article) described the frustrations of student renters in dealing with landlords. So much so that a student, Kamran Rahman, created a website entitled RankMyPropertyManager.com* where exasperated renters are to post comments about their (mis)adventures with their landlords. The article then goes on to provide anecdotes of un-refunded security deposits, court cases, court continuances, attorney fees, etc. while only hinting at other problems.

Zonemaven suggests that it is precisely those other problems that need to be brought into the naked light of day, not only by posting them on this new website, but also by organizing students to support a rental licensing law in the City of Bellingham. Each year thousand of students are dumped into a rental market consisting largely of homes rented by owners who submit to absolutely no control or regulation. The City of Bellingham leaves its renters to swim in a sea of unknowns.

From my blog entry (Click here) on June 4th last year:

"Well, what is known about rentals of single family homes here in Bellingham?
Have landlords added or modified bedrooms? We do not know.
Do all bedrooms have fire exits? We do not know.
Do these rentals have smoke detectors? We do not know.
Do these rentals have carbon monoxide detectors? We do not know.
Do these rentals have adequate wiring? We do not know.
Do these rentals have adequate plumbing? We do not know.
Do these rentals have adequate heating? We do not know.
Do these rentals have mold or mildew problems? We do not know.
Do these rentals have insect infestations? We do not know.
Do these rentals have gas leaks? We do not know.
Do these rentals have structural problems? We do not know.
Do these rentals have other safety or health issues? We do not know.
Is there overcrowding in these rentals? We do not know.
Are necessary repairs made by landlords? We do not know.
Is there price gouging by landlords? We do not know.
Is there a system of inspections of rental homes in Bellingham? We do know. None.
Are landlords of rental homes licensed by the city? We do know. None.
Will it take a death or serious injury to spur the city to action? Do we want to know?"

It is in the best interests of the students themselves to see a municipal code which speaks to their health and welfare. There has been a de facto tyranny in the market place by landlords for many decades. Now is the time, not only for students, but also young wage earners and families of modest means to tell their city that they are tired of rental housing that undergoes no inspections or controls of any kind.

*Not to be confused with RateMyStudentRental.com (click here to see that site), which has been in existence now for several years and serves a nation-wide audience. There is a place to enter data on rentals by WWU students.

Campus Community Coalition Turns Ten - Time for Renewed Efforts

Several days ago the City of Bellingham and Western Washington University celebrated the 10th anniversary of the formation of the Campus Community Coalition (CCC) at a ceremony at City Hall.* (Click here to find out more about the CCC). There are some encouraging signs that the CCC may become more effective. Mayor Pike and President Shepard signed a document affirming their commitment to the CCC.

From the city’s website comes this: “The Coalition, which has a longstanding “home” in Prevention and Wellness Services of Western’s Student Affairs Division, is changing its approach somewhat. It will continue its primary focus of addressing health and safety issues, especially challenges related to student alcohol use. However, it will also be positioned to assist with some other student/community related issues and to strengthen community partnerships through its new involvement with the WWU Office of University Relations.” (Click here to read full text.)

The expanded mission of the CCC reads as follows: “The Campus Community Coalition promotes working relationships and communication among the colleges and community to enhance shared responsibility through collaborative education and problem-solving to improve the health, safety, and quality of life of the entire community.” This new statement flows from the realization that the CCC’s mission was usually viewed by the public as going beyond the control of alcohol abuse by students. Now that the mission reflects the expectation we can, perhaps, anticipate more from WWU. I think we can also look for increased participation by Whatcom Community College and Bellingham Technical College as members of the Coalition.

It is unfortunate, however, that the President of WWU did not use his “bully pulpit” during his annual talk to the faculty and students on 16 September to speak to the community. The talk (click here to read it), which rightly spoke to some of the severe problems that WWU is facing, said little about community ties except in the context of education and the Waterfront. I think WWU would obtain a more enthusiastic response to its desire to have a place at the Waterfront, if the issues regarding the impact of students on the quality of life of the community were dealt with more forcefully. When you are “educating a parade”, as Dr. Shepard put it, you have to get their attention.

I am also encouraged by the arrival earlier this year of Steve Swan, who is the Vice-President for University Affairs. We have had several meetings since his arrival and we regularly exchange emails. I find him most receptive to new ideas. Recently, I sent him a paper on actions taken by the University of Florida at Gainesville. This could serve as a model for WWU and the City of Bellingham. Here is the Executive Summary:

“The University of Florida Town/Gown Task Force was appointed by the University of Florida President Charles E. Young in response to an initiative of the University Faculty Senate. The Task Force met from April to September 2002 to develop an action plan that addresses university impacts in the neighborhoods around campus. The Task Force identified critical issues, defined countermeasures, assigned responsibility and set priorities for implementing change. This university effort was paralleled by a similar process sponsored by the City of Gainesville involving multiple citizen committees and a consultant report, ‘Analysis of Issues Regarding Student Housing Near the University of Florida.’ ” (Click here to read the entire report.)

The consultant report for the City of Gainesville can also serve as a point of reference for the City of Bellingham. You can read that report by clicking here. A similar study for this city would be a major investment in the future of the neighborhoods and the preservation of their character, which, by state law, the city is obliged to do. It would seem prudent to invest as much in this area as the city is dispensing for the future of the Waterfront. The Bellingham City Council ought to take a hard look at these studies to serve as start for the council’s decision in August 2008 to: “Initiate discussions with the University to allow the University to understand city and neighborhood concerns about the impacts of increased enrollment on the community and what we would hope that the University would do in a cooperative manner with the city.”

Now is the time.

*For the record I have been a member of the CCC for the last several years.

Citizens' Forum to Host a Discussion on Infill, Density and Neighborhood Character

The Citizens’ Forum will host a discussion on the subject of “WHAT MEANS ARE THERE TO MANAGE INFILL/DENSITY AND TO MAINTAIN THE CHARACTER OF OUR NEIGHBORHOODS?” on October 10th from 10 am to noon at the Fountain Community Church, 2100 Broadway. (Click on the image on left to read the flyer and to get directions to the event). This promises to be a lively discussion on topics such as infill, density, neighborhood character, zoning & code enforcement, rental property licensing and the role of Western Washington University with respect to these issues.

Students Return - It's Party Time

This is the month during which students return en masse to the various campuses in Bellingham (WWU, WCC and BTC). That means it is party time. Those who lived in dormitories last year at WWU are now first time renters of homes, possibly in your neighborhood. You may have to contend with their ignorance of nuisances codes with respect to litter, noise, parking and public urination. The latest information about reporting these violations is in the current edition of BlockWatcher, prepared by the Bellingham Police Department for BlockWatch groups throughout the city.

“People often ask if they have to give their name when they call 911. The answer is “no”……..and “yes.” For example, if you are calling to report a loud party you don’t have to give your name to the dispatcher in order for police to respond but this is what will happen: The police will go to the party complaint, ask them to be quiet and leave. You may be asking yourself “Why wasn’t the party shut down?” Well, the answer is simple. There was no victim. If you want to be anonymous then there isn’t anyone who is willing to be a victim and therefore the law can not be upheld. If you are afraid of getting into trouble with your neighbors keep this in mind. The police do not tell the party goers (or anyone else we contact) who called. The police will just say it was “someone in the area.” If they request a copy of the report however your name will be on there due to public disclosure laws. So the next time you call 911 keep this is mind: you do not have to give your name but you may find that you did not get the police response you were hoping for. If you leave your name and number and ask not to be contacted or only contacted by phone often time this will suffice.”

Here are a few more guidelines on contending with parties. The Zonemaven has formulated these after many years of personal experience with out-of-control rentals on his street, participation in Campus Community Coalition activities (to include the Let’s Talk Forums), and several years of volunteering at the Bellingham Police Department.

→ Students are advised to let the neighborhood know if they are having a party. Unfortunately, many regard this as a version of a “get-out-of-jail-free” card. Their thought pattern is that you, the homeowner, have been warned of the party, so the partygoers can indulge in their behaviors. The Zonemaven tells students that he does not warn his neighbors about his parties because he limits the number of invitees and his guests keep quiet while furthermore they do not litter, they park only where it is allowed and, mercifully, use the bathroom before leaving host’s house.

→ The renters will also stop to provide you with their phone number, in the event there is a problem. This is a nice gesture but, unfortunately, given the volume of the music and conversation at most parties, a ringing phone is unlikely to be heard.

→Alternatively, some hosts will tell the neighbors to knock on the door if the phone is not answered. Or, in a fit of rage, a neighbor decides to confront the party house directly. The Zonemaven suggest that you never, ever, knock on the door of a party which is too loud or out of control. Even an armed police officer will wait for backup before confronting a group of partiers, many of whom can be drunk and aggressively so.

→Do not be afraid to recontact 911 to provide them with an update. A change in the numbers or the comportment of partygoers can change the priority with which the officers respond. The Zonemaven personally reported a party one night with about 50 “attendees”. When the numbers swelled in the next twenty minutes to over 125, he recalled 911 with an update and three patrol units arrived moments later. Note: Do not fib about the numbers to get a response. The police need accurate information.

Do not think your neighborhood is exempt from the party experience. The Zonemaven heard from a homeowner this morning of a horrific all-night party at a home just rented to nine (9) students. This is in an area of homes valued at $800,000.