Administrative Policy Committee

Regular Meeting

Columbia, SC · April 25, 2023

Minutes

COLUMBIA ADMINISTRATIVE POLICY COMMITTEE MEETING MINUTES TUESDAY, APRIL 25, 2023 CALL TO ORDER The Columbia Administrative Policy Committee met on Tuesday, April 25, 2023 at City Hall (Mayor’s Conference Room), Columbia, South Carolina. The Honorable Edward H. McDowell, Jr., Chair called the meeting to order at 1:04 p.m. Attendee Name Title Status Edward H. McDowell Chair Present Aditi Bussells Member Present Peter M. Brown Member Present COMMITTEE DISCUSSION 1. Tenant’s Bill of Rights and Responsibilities - The Honorable Edward H. McDowell, Jr. – Councilor McDowell said the Mayor and I started this conversation after the events occurred at the Colony Apartments. We understand that there needs to be a deep dive into issues we have not discussed. This is not new. We need to discuss enforcement. This is about ensuring that we take care of residents. Mr. Logan McVey, Policy and Programs Advisor to the Mayor said the general concept is to give tenants a document that outlines their rights. The Colony operates under project based vouchers that are tied to the unit, not the person. The incentive is to fill the unit. Tenants fear retaliation. Tenant based vouchers allow tenants to move. The ordinance requires a landlord to keep the Bill of Rights on file for every tenant. If there are 25 or more tenants, the Bill of Rights must be posted in a common area. Ms. Dana Thye, Esq., Senior Assistant City Attorney explained that information is on the front and the back contains resources for tenants and a signature line. The tenant would not see the ordinance. You have to figure out what you want them to know. There could be a criminal penalty punishable with a fine up to $500; a civil penalty; assessment of points under the rental permit; or a combination of the three. She suggested that it be a civil penalty and that the information focus on local government. Concerns were raised about the potential implications of this ordinance on properties under federal regulations along with the need to proceed cautiously and explore all aspects of enforcement. Page 1 of 2 COLUMBIA ADMINISTRATIVE POLICY COMMITTEE MEETING MINUTES TUESDAY, APRIL 25, 2023 There was consensus of the committee to revise the ordinance to include a civil infraction and to create an educational document that landlords must provide to tenants to ensure they are aware of their rights and the available resources. The committee will continue with conversations about the Tenants’ Bill of Rights and Responsibilities and pro-tenant enforcement. 2. Columbia Race and Equity Assessment Project Proposal - Mr. Larry Salley, Executive Director / Greater Columbia Community Relations Council Mr. Larry Salley, Executive Director / Greater Columbia Community Relations Council said we recognize that this is the type of thing the CRC was created to do. The data in Dr. Brady’s report is solid. The report indicates that racial inequities exist in every community. We propose to partner with the city of Columbia to create the Midlands Race & Equity Initiative. This project would utilize data from the assessment to address health; income, wealth, and poverty; education; and housing. The CRC is planning sessions on each of these subject areas with subject matter experts between June and September 2023. We will solicit input from the community. Once we secure an agreement, we will move quickly to assemble a team, finalize the project design, and to refine the deliverables. The plan is to develop a comprehensive report with findings, actionable recommendations, resources and measures for success by December 2023. This could be a multi-year approach with a potential phase two. There was discussion related to employment, graduation rates, families, engagement with the business community, and defining community. There was consensus of the committee to seek a collaboration with Richland County; clarify definitions for the four areas of focus; and to endorse the proposed contract for City Council’s consideration at the next City Council Meeting. ADJOURNMENT The meeting was adjourned at 2:27 p.m. Respectfully submitted: Erika D. Moore Hammond, CMC City Clerk Page 2 of 2

Agenda

Packet

COLUMBIA ADMINISTRATIVE POLICY COMMITTEE MEETING AGENDA TUESDAY, APRIL 25, 2023 The Columbia Administrative Policy Committee will conduct a meeting on Tuesday, April 25, 2023 at 1:00 p.m. at City Hall (Mayor's Conference Room), 1737 Main Street, 2nd Floor, Columbia, South Carolina 29201. Members of the public may view the meeting online at www.columbiasc.gov. Please contact the City Clerk’s Office at (803)545-3045 or cityclerk@columbiasc.gov if you have questions regarding the meeting. The Honorable Edward H. McDowell, Jr., District II The Honorable Aditi Bussells, At-Large  The Honorable Peter M. Brown, District IV Prior to entering the meeting please turn all electronic communication devices to the silent, vibrate or off position. All presenters are asked to speak directly into the microphone for recording purposes. CALL TO ORDER COMMITTEE DISCUSSION 1. Columbia Race and Equity Assessment Project Proposal - Mr. Larry Salley, Executive Director / Greater Columbia Community Relations Council 2. Tenant’s Bill of Rights and Responsibilities - The Honorable Edward H. McDowell, Jr. ADJOURNMENT Page 1 of 1 1 MEETING DATE: April 25, 2023 DEPARTMENT: City Clerk FROM: Erika Hammond, City Clerk SUBJECT: Columbia Race and Equity Assessment Project Proposal - Mr. Larry Salley, Executive Director / Greater Columbia Community Relations Council FUNDING SOURCE & ORIGINAL BUDGET: Updated: 4/19/2023 5:10 PM Page 1 Packet Pg. 2 2 MEETING DATE: April 25, 2023 DEPARTMENT: City Clerk FROM: Erika Hammond, City Clerk SUBJECT: Tenant’s Bill of Rights and Responsibilities - The Honorable Edward H. McDowell, Jr. FUNDING SOURCE & ORIGINAL BUDGET: ATTACHMENTS:  Proposed Tenant Bill of Rights and Responsibilities Ordinance (PDF)  Landlord Tenant Notice (PDF) Updated: 4/21/2023 1:03 PM Page 1 Packet Pg. 3 2.a Attachment: Proposed Tenant Bill of Rights and Responsibilities Ordinance (8428 : Tenant’s Bill of Rights and Responsibilities) ORDINANCE NO.: 2023-043 Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 5, Buildings and Buildings Regulations, Article VIII, Rental Housing Regulations to add Section 5- 344 Tenant’s Bill of Rights and Responsibilities WHEREAS, City Council finds that there is a growing demand for affordable rental units; and WHEREAS, the availability of safe and affordable rental housing is an essential component of a vital community; and WHEREAS, City Council finds that protecting residential tenants from unfair and illegal rental practices is important to this vital community; and WHEREAS, City Council wishes to adopt a Tenant’s Bill of Rights and Responsibilities in order to increase awareness and provide guidance to tenants regarding the availability of community resources, therefore BE IT ORDAINED by the Mayor and City Council of the City of Columbia, South Carolina this ___ day of ______________, 2023, that the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 5 is hereby amended by adding Section 5-344 to Article VIII to read as follows: Sec. 5-344. Tenant’s Bill of Rights and Responsibilities; Notice. (a) It shall be unlawful for a Person or Landlord to allow a Tenant to apply to rent, or in instances where no application is required, to occupy, a Dwelling Unit under said Person’s or Landlord’s control or authority without first providing the Tenant with a copy of the Notice of Rights and Responsibilities as provided for herein. (b) For existing Tenants already occupying a Dwelling Unit as of the date of enactment of this Section, the Notice of Rights and Responsibilities shall be provided prior to the commencement of a new rental term. For Tenants with rental terms of 30 days or less, the Notice of Rights and Responsibilities shall be provided prior to initial commencement of the rental term and thereafter no less than once per year. Notices are not required for short term rentals with non-recurring rental terms of 30 days or less, as may be defined in this Code. (c) City Council shall prescribe the contents of the Notice of Rights and Responsibilities by resolution, but it shall generally include information on Tenants’ rights under state and local law and contact information for organizations available to provide assistance to Tenants. (d) There shall be a rebuttable presumption that a Person or Landlord has complied with this Section if the Person or Landlord can provide a written, dated and signed affirmation Formatted: Font: 5 pt, No underline from the Tenant stating that the Tenant has received the Notice of Rights and Formatted: Font: 5 pt Last revised: 3/21/2023 23016305 Packet Pg. 4 2.a Attachment: Proposed Tenant Bill of Rights and Responsibilities Ordinance (8428 : Tenant’s Bill of Rights and Responsibilities) Responsibilities. The signed affirmation shall be retained for at least one year after the Tenant vacates the Dwelling Unit. (e) No penalties shall be assessed for conduct violating this Section occurring prior to [insert effective date]. (f) For a Person or Landlord’s first violation of this Section, the City of Columbia’s Code Enforcement division shall have the discretion to provide a reasonable time period, not to exceed 30 days, within which the Person or Landlord must correct the violation. (g) This Section does not create any private causes of action and may only be enforced as provided herein. (h) For Persons or Landlords owning or managing more than 25 dwelling units, the Notice required by this Section shall be posted in a conspicuous location within each dwelling unit in addition to the copy provided in person. Requested by: Councilman McDowell ____ ________________________________ Mayor Approved by: _________________________________ City Manager Approved as to form: ATTEST: _________________________________ ________________________________ Deputy City Attorney City Clerk Introduced: Final Reading: Formatted: Font: 5 pt, No underline Formatted: Font: 5 pt Last revised: 3/21/2023 23016305 Packet Pg. 5 2.b Pursuant to City of Columbia Ordinance 2023-XXX, landlords and other lessors of dwelling units over which the South Carolina Residential Landlord and Tenant Act applies are required to distribute this Notice to persons applying to rent or prior to occupation of such dwelling unit located within the City of Columbia. This Notice is not intended to provide legal advice but merely a general overview of tenant’s rights and resources. KNOW THE LANDLORD AND TENANT ACT may be able to report it. Certain issues, such as lack of utilities can be reported to the City of Although written is recommended, tenants in Columbia Housing Official at 803-545-4362. SC can have either a written or oral lease agreement. Prior to entering into a lease, Attachment: Landlord Tenant Notice (8428 : Tenant’s Bill of Rights and Responsibilities) tenants should be familiar with their RETALIATION IS ILLEGAL responsibilities and with their rights under the South Carolina Residential Landlord and Tenant A landlord cannot retaliate by raising the rent, Act, found at S.C. Code Section 27-40-10 et seq.. decreasing essential services or evicting a tenant based solely on a tenant’s complaint to a governmental agency charged with enforcing a BE AWARE OF YOUR RIGHTS AS TENANTS building or housing code. S.C. Code Section 27- 40-910. Just as landlords have certain requirements and restrictions, such as providing a safe and clear premises, tenants have responsibilities under SC YOU HAVE THE RIGHT TO CHALLENGE AN law and their lease agreements to pay rent, UNLAWFUL EVICTION OR ACTION keep the unit clean and not disturb the peace. If your landlord is violating your lease agreement, you have the right to seek relief ALL RESIDENTIAL UNITS MUST BE FIT FOR through the Courts. If you cannot afford an HABITATION attorney, there may be local legal services agencies you may be able to help you. Legal A landlord must comply with applicable building Assistance Telephone Intake Service at 1-803- and housing codes materially affecting health 744-9430. and safety; make all repairs and do what is reasonably necessary to put and keep the premises in a fit and habitable condition; keep RESOURCES all common areas reasonably safe; make and keep running water and reasonable heat; LawLine – https://www.scbar.org/public/get- maintain in reasonably good and safe working legal-help/common-legal-topics/. order and condition all electrical, gas, plumbing, sanitary, heating, ventilating, air conditioning U.S. Department of Housing and Urban and other facilities and appliances that are Development – supplied or required to be supplied by landlord. www.hud.gov/states/south_carolina/renting/te S.C. Code Section 27-40-440. nantrights If there is an issue with your dwelling unit for which you are not responsible under your lease I/WE __________________________________ agreement, contact your landlord as set forth in CONFIRM THAT I/WE HAVE RECEIVED A COPY your agreement. If your landlord does not OF THIS TENANT BILL OF RIGHTS NOTICE ON address the issue within a reasonable time, you ____________________________ (DATE). Packet Pg. 6