On Wednesday, the Emporia City Commission will hear a proposal from the Emporia Human Relations Commission for a minimum housing code for rental housing. There has been no formal presentation, but the issue has already drawn much community interest. Some landlords don’t want the burden of extra regulation while many renters say the code is needed.
As the community prepares to work through the complicated issue, we talk with City Manager Matt Zimmerman about it.
Q What is our community’s background with housing codes and how did we get to this point?
A It’s important to remember that it took quite a bit of discussion to adopt the minimum housing code in our community. And at that time, it was decided to make it a complaint-based program. I think it is safe to say the complaint-based program has not really worked in improving the house stock in Emporia. That is why the city commission requested that the Human Relations Commission study and research this issue and develop a mandatory inspection program. The only condition that commissioners put on it is that it had to be a self-funded program. Other than that, they have free rein to develop something. They have worked very hard to develop a plan, but we really don’t know where we go from here because the city commissioners really haven’t seen it. The proposal went out in the commissioner’s information packets on Friday. But at this point, it is just a draft document. This will be a controversial topic, so the Human Relations Commission is recommending that after the city commission hears it, that they have a couple of public-comment sessions.
Q When you arrived in our community, what were your thoughts on Emporia housing? Did you have any successful housing programs in the other communities you have worked in?
A The town I worked in was a lower-income immigrant community on the east side of Prospect Heights, Ill., and back in the ’90s, their properties were in very bad shape. The city at that time decided to get into a mandatory inspection program that was very strict. People would have to pass yearly inspections and if they didn’t pass they got a ticket. What we found was properties were cleaned up and they started meeting the minimum standards.
Q If this program is aimed at improving the housing in Emporia, what do you do with homeowners that live in dilapidated properties?
A We must remember the law of the land going way back to English common law in the middle ages is a man’s home is his castle. So as a general rule, the government does not have the right to come in and do inspections unless it is a public safety issue or an outside aesthetic issue. For instance, you need to have windows because if you didn’t, someone could fall out the window and hurt themselves. This would be considered a public safety violation. If we can see those things from the street, we have a right to regulate it on privately owned property. If you know homes that are violating property maintenance codes, please contact Jeff Lynch at 343-4285. But by and large we don’t have any right to go on property to inspect it.
Q What will happen at the city commission study meeting Wednesday?
A We have our regular work study session at 10 a.m. We have designated that at 11 a.m. we will discuss this issue. The commissioners will listen to a presentation from the Human Relations Commission. We need to remember this is their plan. This isn’t Matt’s plan or staff’s plan. The Human Relations Commission will present it and I am sure there will be many questions. We will also have one or two public hearings as well. Right now the commissioners will hear it for the first time, and will try to understand it. This process will not be unlike the budget. What we hear affects what we do and the decisions that are made. This really is the beginning of the formal process right now. And we need to remember this is a process.