Housing Advisory Commission

Housing Advisory Commission Minutes Monthly Meeting: FMHA Offices, 103 12th Street, Fairmont Wednesday, February 26, 2020, 8:30 AM Attending: Lisa Darden, Amy Fairman, Rachel Fetty, Bill Kawecki, Gail Lipscomb, Alexis McMillen, Theressa Nichols, Sara Pardey, Arthur Trusler, Brian Walker, and John Whitmore Enforcement of Fire Extinguishers in Rental Property: Group Fire extinguishers are now required in rentals containing three or more units, even if sprinkler systems are present. Arthur Trusler stated that some landlords are against this requirement, as they fear tenants will try to fight the fire themselves, as opposed to calling 911. The most common types are Class K (for kitchen fires, about $15 each) and Class ABC (normal combustibles, flammable and combustible liquids, and electrical fires, about $45). There is no deduction in insurance, but the presence of a fire extinguisher is a requirement by some insurance companies. Use of Body Cameras by Code Enforcement: Group Amy Fairman from the City of Morgantown Code Enforcement Office said enforcement officers are now using body cameras during inspections to record what violations need to be corrected. This practice is good for when tenants are present or for absentee landlords and helps Code to see if officers are properly conducting inspections. Code keeps each video for three months, and few landlords have complained about the practice. Bill Kawecki asked if Code officers announced they were recording, and Amy responded that is not required by state law. Brian Walker asked Sara Pardey to walk us through a typical inspection. Sara responded that officers begin the inspection by examining the outside structure (gutters, handrails, address numbers properly displayed on the front of the property), and then the interior portion of the rental is inspected for habitability. WHile anyone can call Code and ask for an inspection regarding the exterior of a rental, only the landlord or tenant can ask for an interior inspection. Routine inspections are performed every three years. City of Morgantown Nuisance Ordinance Proposal: Group The proposed ordinance, read at the February 25 meeting of Morgantown City Council, is to provide the City to hold neglectful or absentee landlords responsible for allowing their properties to be health or safety risks. Other West Virginia cities, including Clarksburg, Fairmont, Martinsburg, and Parkersburg have enacted such ordinances with varying results. Alexis McMillen said the sale of rental property can thwart the inspection process. Regarding absentee landlords, process servers cannot serve out of state owners. Many have expressed interest in a property manager requirement for rentals, particularly for out of state property owners. John Whitmore said a legal loophole exists; property managers should be licensed real estate agents, but very few are in the area. Key components of property management (leasing, managing and renting) are considered real estate activities under existing West Virginia real estate licensing laws, but exemptions are made for property managers who work for just one company are exempt from this law. There is an attachment to these minutes with more information. The cities of Fairmont and Morgantown have worked to identify abandoned properties. It can be a lengthy and costly process to track down owners of such properties, and if the owner resides in another state, it’s nearly impossible to do much about them. Amy stated that property law in West Virginia is the property owner’s domain, and some owners are habitual offenders. Mike Stone from Morgantown Code Enforcement has been looking into ways to enact stiffer penalties; the current penalty of $200 isn’t enough of a deterrent. Adding an environmental judge who knows building and fire codes could streamline the process. City governments typically aren’t interested in seizing property, as they are not equipped to deal with demolition and upkeep, but an urban renewal authority (URA) can circumvent some of these issues, as URA’s are public entities that can acquire, demolish or develop, and sell or lease neglected properties. Huntington and Charleston have URA’s, but some areas of West Virginia have properties that are essentially without any value. Housing Fair: Rachel and Alexis Alexis stated the Morgantown Mall isn’t available for our original April 4 target date and asked Commission members for ideas about other dates. April 25 was selected as the best date, and Alexis was able to secure the Morgantown Mall for Saturday, April 25. We continue to work on fair housing training, and Arthur and Alexis will work with Ronald Jones to see if the training can take place in the morning before the housing fair. Rachel mentioned that Chris Fletcher asks that we submit a request for funding for the fair. New Business John has asked a representative from Republic to attend the March meeting. Lisa Darden took Commission members on a tour of FMHA’s latest project, the Gaston Avenue Apartments at 200 Gaston Avenue, Fairmont: http://gastonavenueapartments.com/​. This project will house 20 families and was formerly a hospital built in 1908. Families began moving in at the end of January, and there is a large waiting list for families interested in this location. There is an attachment to these minutes with more information. Next Meeting March 25, 2020. Adjournment