No oversight in sight for landlords

Tenants are protected from landlords under the Fair Housing Act and Section 5321 of the Ohio Revised Code, but who oversees local landlords? Findlay lacks any local regulations or city ordinances that pertain to maintenance on the inside of properties aside from state regulations, according to Findlay Mayor Christina Muryn, and there is no code enforcement staff. State law requires landlords with rental agreements to comply with all applicable building, housing, health and safety codes and "make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition." The code also requires landlords to maintain all electrical, plumbing, sanitary, heating, ventilating and air conditioning fixtures and appliances in good and safe working order and supply running water and heat at all times. But, enforcement is lax, according to the mayor. "Due to the city not having building code enforcement for residential (properties), the state building code for maintenance is not enforced in the city," Muryn said. The exception The only rental properties in the city and county that are inspected regularly are homes rented through assistance programs provided by the federal government. The U.S. Department of Housing and Urban Development provides affordable homes through rental assistance programs, such as Section 8 housing. These HUD-assisted properties are inspected regularly to make sure they are decent, safe and sanitary. The department's Real Estate Assessment Center sets the inspection standards and oversees the inspection. Inspectors check to make sure the property manager or landlord are following the standards. The inspections are meant to help and protect tenants and to make sure a decent, safe and sanitary home is provided, according to the department's website. Private leases Privately-owned rental properties that are not subsidized are never required to be inspected to ensure they meet minimum standards. The Findlay Area Apartment Association, according to its president Tom Ross, works to help property owners maintain safe and clean rental units, among other goals. Ross said there are roughly 120 members in the association. But the list is not public, he said, and never will be. A Code of Ethics listed on the association's website states "members shall comply both in spirit and letter within rules and regulations prescribed by law and governmental agencies for health, safety and progress of the community." Ross said there's no need for inspections to be done inside properties. "There is no reason (to inspect). We have laws we have to follow," Ross said. "We're no different than any other industry in the city." Ross said landlords are "subjected to dozens of rules that nobody else has to abide by." Those rules include the Ohio Revised Code, life-safety codes, the housing authority and HUD rules, the Fair Housing Act and more. The landlords association he represents opposes the city adopting any changes to how rental properties are regulated. Last year, Findlay City Council's strategic planning committee announced an initiative to establish a rental property registration program to identify owners, adopt the State of Ohio Residential Housing Code, expand and incentivize the Housing Choice Voucher program and establish a housing program to certify that student rental housing meets all codes for safety and basic livability. During a Dec. 20 city council meeting, Ross said the city has a drug problem with high crime and a growing homeless population. He accused city officials of targeting rental property owners via the plan and said they were out of touch with what the city truly needs. He spoke sternly to members of the committee, which includes the mayor, city Auditor Jim Staschiak and city council members Jeff Wobser, Dennis Hellmann, Randy Greeno, Grant Russel and Beth Warnecke. "If that plan comes out of committee, all the committee members are going to be held accountable," Ross said, speaking from the lectern during the meeting. "Every elected person that votes for that to come out of committee will be held accountable. The landlord association will use every resource we have at our disposal. Every time you rattle your saber on things about housing in this community, our numbers grow, and grow and grow. You're our greatest advocate. So, if it comes out of committee, and it hits this floor, and you vote on it, every single elected official that votes yes on that strategic plan will also be held accountable. You brought us to this point. We didn't. We wanted to be left alone and run our businesses and make a living. You brought us to this point." The strategic plan proposal was never recommended by the committee to be adopted. What's next? Diedre Cole agreed to a $4,099 settlement in March as the result of a court case where her landlord sought to evict her, contending she failed to pay her rent beginning in January. Cole filed a counterclaim alleging the property failed to meet minimum standards of livability. She moved from her College Street apartment after the court case was settled. She said she has received multiple phone calls and has had conversations with other Findlay renters having similar problems that she experienced with properties they rent. "I think that the overwhelming response of residents who have faced similar issues with their landlords identified with what happened to me and reached out," Cole said. "And I'm more than happy to help them." Cole said she wants to write a tenant handbook for residents in Findlay and Hancock County and has been working with the Toledo Fair Housing Center's CEO and general counsel to get it started. "We're really interested in it. We found funding for it. I'm really excited about it." Cole said.