Edit (12/31/2018): Since writing this, I’ve talked with the city’s attorney, and have a better understanding of what our issues with the state are. He believes that we can craft an ordinance that will be defensible in Georgia. The reason that Georgia cities have not crafted legislation up to this point seems to be that there was a lawsuit against Marietta in 2006 which went to the GA Supreme court and that Marietta lost. Since then, most cities have not tried to find ways to get around that court ruling. Cities in other states have not had this restriction.
The thing we might need or want from the legislature is enabling legislation indicating that the city is authorized to maintain a rental registry. The state passed similar legislation related to a foreclosure registry several years ago. Based on this information, I believe Doraville will be able to work on something enforceable in 2019, whether we get the state’s help or not.
As an elected official in Doraville, one of my frustrations has been limitations the state places on municipalities when trying to regulate single-family rental homes. I think that everyone needs a safe place to live – unfortunately, in our city, I have seen a number of disinvested landlords who purchased property cheap during the recession, and who have chopped up those properties to turn them into (illegal) mini-apartment buildings in order to maximize their returns. Cities in Georgia are not allowed to require licenses from landlords who rent out single family homes like they would for apartment owners; and are not allowed to inspect rentals before people move in in order to make sure they are a safe environment. While the 4th amendment provides certain important rights about who can enter a person’s home – I think there are ways to respect people’s constitutional rights without giving landlords free reign to provide substandard living accommodations to their tenants.
This has been a long-standing problem in Doraville. There are suspected boarding houses with unsafe living conditions sprinkled throughout the city. We only learn of them when a tenant invites a city official into the house, or if there is some disturbance that requires police involvement. In late November, one of these homes was discovered in our city when a code enforcement officer was invited in. They found that the landlord had split up the house into unsafe cubicles, and created what is essentially a massive fire hazard. The home has been declared unsafe for human habitation, the tenants were removed, and the owner is in the process of bringing it up to code.
Here are some photos from that incident:
This year, the state legislature is going to be considering regulation of short term rentals (AirBnB, VRBO), at the request of some of the richer and more tourist-oriented cities in the state. I have encouraged all of the state senators and representatives that I know to also consider allowing for some regulation of regular rental of single-family homes.
There is a limit to what the city will be able to accomplish on this issue without the state’s help. If you think this is an important issue, I encourage you to contact our State Representatives (Scott Holcomb for Northwoods and Oakcliff; Mike Wilensky for Tilly Mill & Winters Chapel Hill) and State Senator (Sally Harrell) to encourage them work on this at the state level.