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File #: 24-0212    Version: 1 Name: 2/20/24 - Ordinance to Amend Chapter 105 (Housing Code) (Building Regulations)
Type: Ordinance Status: Passed
File created: 2/20/2024 In control: City Council
On agenda: 3/4/2024 Final action: 3/4/2024
Enactment date: 3/4/2024 Enactment #: ORD-24-03
Title: An Ordinance to Amend Sections 8:530 and 8:531 of Chapter 105 (Housing Code) of Title VII (Building Regulations) of the Code of the City of Ann Arbor (ORD-24-03)
Sponsors: Travis Radina, Cynthia Harrison, Jennifer Cornell, Erica Briggs, Chris Watson, Lisa Disch, Ayesha Ghazi Edwin
Attachments: 1. ORD-24-03 Briefed and Approved.pdf, 2. ORD-24-03 Briefed.pdf, 3. ELO-RTR UPDATES-REDLINE 2.16.24.pdf, 4. ELO-RTR UPDATES-Clean 2.16.24.pdf, 5. ORD-24-03 Approval Notice.pdf, 6. WLN clipping ORD-24-03 Housing Code - Public Hearing Notice.pdf

Title

An Ordinance to Amend Sections 8:530 and 8:531 of Chapter 105 (Housing Code) of Title VII (Building Regulations) of the Code of the City of Ann Arbor (ORD-24-03)

Memorandum
A majority-approximately 55%-of the households in the City of Ann Arbor are renter-occupied. The City is in the midst of a housing crisis. Rental housing in the City is in high demand and short supply. This high demand has contributed to pressure on tenants to renew increasingly early into a lease period, which negatively impacts tenants both economically and non-economically.

 

In 2021 and 2022, the Ann Arbor City Council passed an ordinance amendment to the Early Leasing Ordinance (ORD No. 21-22) and enacted the Right to Renew Ordinance (ORD No. 22-15) to regulate leasing transactions in the interest of the health, safety, and welfare of City residents to reduce the pressure on tenants to renew early into a lease period.

 

Since these changes were enacted, pressure on tenants to renew early into a lease period has persisted. Tenants have reported that landlords use loopholes in the ordinance to apply pressure to tenants. (Students Report Landlords Finding Loopholes in the Early Leasing Ordinance, <https://www.michigandaily.com/news/ann-arbor/students-report-landlords-finding-loopholes-in-the-early-leasing-ordinance/>; Ann Arbor Landlords Finding Ways Around New Renter Rights Law, Some Argue, <https://www.mlive.com/news/ann-arbor/2021/11/ann-arbor-landlords-finding-ways-around-new-renter-rights-law-some-argue.html>.

 

The Renters’ Commission and City staff continue to receive numerous complaints regarding landlords pressuring tenants to renew leases soon into the beginning of a lease.

The attached proposed ordinance amendment will address the continued pressure on tenants to renew early into a lease period.  The proposed ordinance amendment also streamlines the early leasing and right to renew ordinances into one code section to eliminate conflict and duplication.

In particular, the proposed ordinance:

                     Prevents landlords from making renewal offers to current tenants earlier than 180 days from the start of the current lease;

 

                     Clarifies and adds to the list of required information that landlords must include in a written renewal offer, including a requirement that the landlord list all changes in the terms and conditions from the current lease;

 

                     Merges two sections into one to reduce duplicate and conflicting provisions;

 

                     Modifies all deadlines and timing to be counted from the start of the lease instead of counted from the end of the lease for clarity.

Staff

Reviewed by: John Reiser, Senior Assistant City Attorney

                       Jennifer A. Richards, Assistant City Attorney

Body
(See Attached Ordinance)

Sponsored by: Councilmembers Radina, Harrison, Cornell, Briggs, Watson, Disch, and Ghazi Edwin