@Bob Collett
I'm a landlord in Cleveland and Bedford, and I'm the former treasurer of the Cleveland DSA who are working on getting this legislation passed. I've researched this issue from both "sides". Let's go through your questions point by point, since you seem concerned that I may not know enough;
Why is it appropriate for the city to only require rental owners to test for a lead safe environment and not owner occupants. Did the city require you to hire a certified lead inspector to test the home you live in?
It's appropriate because a homeowner is taking responsibility for their own family, while a landlord is taking responsibility for someone else's family. There is an elevated responsibility when you're taking control of someone else's safety. A taxi driver has to have more inspections of their vehicle than I do when I drive my car. Why? Because when I get into a taxi, I don't have control of my own safety any more. And when a tenant moves into one of my properties, they don't have control of their own safety any more. I have control of their safety.
Not to mention - Bob, I'm sure that if you saw your grandkids eating lead paint chips in your home you'd do something about it. You wouldn't need a law to enforce that. Homeowners in the poor Cleveland neighborhoods most affected by lead are not different from you in that way. But landlords in Cleveland, sadly, don't seem to care when it's other peoples' grandkids.
Characterizing a rental property as a “luxury” property is a stretch. The idea exists out there that all or most rental owners are wealthy and thus should bear the cost of 80 years of neglect by everyone else.
Luxury (noun): an inessential, desirable item which is expensive or difficult to obtain.
I know that not all landlords are rolling in money. (Hi, I'm a landlord who is not rolling in money.) But if you can't afford real estate, it's not like you can't afford to eat. No one is holding a gun to your head and forcing you to buy a rental. Not buying a rental doesn't mean that your children will starve. If you can't afford rentals, your rights are not being impinged on. If I sold my rentals tomorrow, I would still have clothing to wear and air to breathe. My family would still be safe and I would not be arrested.
We're making a choice to buy something that is expensive, out of reach of many people, and not necessary. We're also making a choice to spend our money not on a sports car, or a vacation home, but on a luxury that comes with a large responsibility to ensure the safety of other people. (If you want a luxury purchase that makes money and comes with zero responsibility, go buy index funds.)
Regarding the issue of not being able to afford the expense, I have a few different thoughts.
- Sure, I would love to see the city or county offer low-interest loans to landlords to do lead remediation work or other repairs, like they do for homeowners. That would be great.
- But, there is already financing available out there for landlords to get work done. I got a $3,000 emergency roof repair done last week on 0% interest financing. If you're creative enough to finance a purchase, you should be creative enough to finance repairs.
- And, if you can't find a way to pay for needed repairs, you shouldn't be in the rental business.
In any case, we are off track here because the point of my article is that investing in real estate is not a casual investment, and that investors need to understand that many cities are looking for investors to cure the failures of the city.
First; when you title a post "hostile rental owner environment" and then list incoming lead legislation as one of your points, people may engage with your point.
Second; the lead problem in Cleveland is not from city infrastructure. It's really not. Do your homework. :) This is not Flint Michigan, where the problem is the city water pipes. (Although we have more lead poisoning than Flint!) In Cleveland, lead poisoning is coming from lead paint in old homes and from lead in the soil at former factory sites.
If you can show that the lead in your property comes from a city water source, and the city is trying to make you pay for it, sue them. Go for it. I'll do whatever I can to help. I'll bring in my lawyer buddies. We would love to see more people holding the City of Cleveland accountable.
Gwen, I once had the city of Euclid tell me that the property could not be rented until all cracks in the driveway (minor cracks) were sealed. It was February. Thus the house was to sit empty until Spring.Result: cracks filled in February, knowing that the material would not hold due to cold weather installation.
On this, and Bedford POS - yes, I know that a number of the suburbs surrounding Cleveland have really onerous rules. Some of the stuff that has come up on my Bedford inspections are just ridiculous. (A three page report full of things like "dent in vinyl garage door surround"? Really?) It's like they're bitter about not doing POS inspections any more. And Bedford is trying to do trash restrictions modeled on Garfield Heights, which is also annoying. I've discussed it with my city council person.
So, sure. I agree with you. Some of this stuff is nuts.
Codes requiring landlords to avoid preventable and irreversible damage to poor children, not so crazy.
A city official in Garfield Height told me just yesterday, that if residents had it their way; all rental property would be banned! The fact is that some municipalities do not want investors. It’s as if they would prefer boarded up houses.
This is an interesting point that gets into personal politics more. (Whereas I think you and I agree that the lead paint issue is just common morality.) Honestly, I understand why some homeowners would prefer that there were no landlords in their towns. When landlords drive prices up, and folks who work hard can't afford to buy houses in their own neighborhoods, it's natural to wish the landlords would stop doing that. If there were just boarded up houses, at least prices would fall to where Joe Burger-Flipper can buy a home for his family. And maybe get some of those nice low interest home owner loans to fix it up. :)
This is the kind of stuff I love to discuss over beer. Obviously I'm a landlord even though I understand what the Garfield Heights residents are saying there. My ideal tenant is someone who's renting because they don't want the responsibility of home ownership, not because they can't afford home ownership - but it's not as if I screen for that.
So, I strive to provide clean and safe homes at affordable prices and not be a jerk to my tenants. Short of selling all our properties (which some of my friends on the left would certainly prefer to see, although I think it'd be counter productive right now)... I think that's all we can really do.