IRVING, TX - The Irving City Council on Thursday passed new ordinances governing multifamily properties despite vocal opposition from apartment industry representatives. The proposed changes were part of a 166-page overhaul of city ordinances governing building standards. The ordinance will give police powers in some cases to decide who can lease apartments. In some instances, it also requires evictions for those accused, but not necessarily convicted of, crimes at properties deemed to be in poor condition.
Apartment industry representatives called the changes invasive and accused city staffers of surprising them with a litany of new regulations. They pleaded with council members to postpone action. City officials said the changes are aimed at ridding the city of crime-ridden, poorly managed apartment complexes. But some apartment owners said they were being unfairly punished. "I think some of this goes too far in vilifying apartments," said Patricia Owen, whose family owns an apartment complex in Irving. A handful of Irving residents applauded the ordinance. "We are dependent on the city for strong ordinances like this," Doug Harper said.
The lease addendum required at poorly rated properties says a conviction is not needed to terminate the lease. It says only that a "preponderance of evidence" is needed. The addendum does not say who decides whether there is enough evidence of a crime or what process would be used.
Before the council meeting Thursday, police officials did not respond to questions seeking clarification of what would happen to arrestees whose charges are later dropped or if a grand jury does not indict them or a jury acquits them. It also was unclear what prevents a lease from being terminated when someone's roommate is found to have committed a crime. The process was not addressed in the ordinance that council members voted on .
City Council members reached before the meeting said while the changes could open the door to police using arrests to trigger evictions, that was not the intent of the proposed changes. "If that is what the goal is, I would be against it," council member Beth Van Duyne said before the Thursday meeting.
Landlords at lower-rated properties also would be required to conduct criminal background checks on all new tenants and would have to participate in a police training program. Property owners who lease to tenants who have committed certain crimes could face Class C misdemeanors.
According to Irving Assistant Police Chief Steve Ramsey, his department would provide direction to landlords on which prospective tenants are granted exceptions for crimes such as theft, misdemeanor drug use, bad checks and driving while intoxicated. Other proposed changes in the ordinance include requiring all apartment managers and owners to obtain from the city a license to operate.
Irving code enforcement director Teresa Adrian told the council at Wednesday's work session that landlords would be required to make tenants' files available to city officials. But it was unclear late Thursday when, how often or why police and code enforcement officers would look at those files.
Source: DallasNews.com