BROOKINGS – The Brookings City Council tabled discussion Tuesday regarding an ordinance amendment pertaining to rental dwelling units in the city and possible changes to the city’s inspection program.

Updates to code

Mike Struck, director of Community Development, gave some history on the inspection of rental units, how long the council has been looking into changes, and the proposed changes.

Councilors have been looking into making the changes since the topic was brought up in February 2018. They met with tenants and property managers earlier this year to get input from them on issues. 

In the 1990s, the city had about 3,000 rental units; currently there are about 5,000, Struck said.

Proposed changes pertain to cleanliness, including feces and hoarding; bringing electrical outlets up to date by January 2022; installing fans or vents in bathrooms by January 2022; fixing broken or missing breakers in electrical panels; improper use of extension cords; operating carbon monoxide detectors; operable windows with no broken glass; light fixture covers; outlet and light switch covers; handrails for four or more risers; spindles a maximum of four inches apart; exterior door locks; fire extinguishers where required by code; having 6 to 24 inches around combustibles and heat sources; requiring property managers be present for inspections; and making sure tenants do not disable smoke detectors.

Smoke detectors are probably the No. 1 problem, Struck said, adding they put in language to hold the tenants responsible.

Struck said the changes would put some teeth into the ordinances because right now, the city can’t delay licensing; the new wording will help the city achieve compliance.

He clarified the city will not be inspecting for cosmetic items like flooring, or other issues like mold, screens on windows, appliances and plumbing leaks or temperature problems.

Mayor Keith Corbett said the councilors have heard about issues from residents.

Speaking up

Almost a dozen people spoke on the issue, mostly property managers or people who own rental property.

Shawn Storhaug with Brookings Property Management said he had a few concerns. He asked how it would be determined that lighting and electrical systems were grounded properly, and said some need guidance on carbon monoxide and fire extinguishers.

He said he wasn’t sure why having locks on the doors was mentioned, adding that the list doesn’t tell them to put a roof on the house.

Storhaug said it could be difficult to get 6 inches of separation around storage and combustibles.

He said there are probably some spots that needed more clarification.

Kevin Grunewaldt, another property manager, asked why an inspector would go after the landlord for a cleanliness issue and wanted more definition of that.

As far as inspecting electrical panels, inspectors aren’t electricians. If they miss something, he asked if that would open things up from a liability standpoint.

As for extension cords, the landlords and property managers can’t control what the tenants use, Grunewaldt said.

As to exterior door locks, he questioned how safe the neighborhood was, asking if they needed to lock out everyone and anyone.

Smoke detectors are already required by code, he pointed out. He puts new batteries in and college kids either get rid of the detectors or take out the batteries so they can smoke in the units.

Grunewaldt brought up the rule about having no more than three unrelated renters in a unit. It’s a hinderance to affordable housing, especially when owners have four- and five-bedroom houses available, he said.

He said boarding houses used to be popular, but now towns have gotten away from that. Brookings is running out of land; there’s a floodplain to the south, and South Dakota State University controls land to the north. To get more residential area, developers have to go up, not out, he said.

Kay Patrick, another property manager, wanted clarifications: Will there be an enforcing penalty for re-inspections so they can determine that infractions have been brought up to code? When will a fine kick in or stop? Would it start with just one minor violation or will it take several major ones?

The city is reasonable on that right now, Struck said. There’s a number of property managers who are not inspecting property and don’t comply with city codes; inspectors are making three, four or five trips to get compliance.

Patrick pointed out there was a penalty for not licensing a property and asked if there were people who were not licensed. Struck confirmed there were people who had never been licensed. 

Patrick also brought up the three unrelated people limit and asked if the council would consider changing that. 

Right now, the city can revoke a renter’s license for a minimum of four to six months so they can correct the problem or provide documentation, Struck said.

She asked for a definition of apartment building, and Struck said four or more units.

2015 codes

Brookings is operating under 2015 codes, which are national codes, Struck said. The codes have been in place, but they weren’t being enforced; now they are. 

New construction needs to be constructed to those standards, particularly the safety codes. The intent is not to have landlords replace existing features like railings or spindles, but if they are broken, they need to be repaired to code.

Patrick asked what the intent was with the exterior door locks.

Struck said people would be surprised to learn how many units do not have door locks on them. He said there are places where you can reach between the doorjamb and wall right into the unit. Sometimes the locks don’t work at all or they just don’t have any, he said.

“I really find that shocking,” Patrick said. “It seems crazy that a landlord wouldn’t keep a lock on their door or consider some of those basic safety things.”

She said it was good they were having discussions, but “I just don’t want it to get out of control. … Reasonable things, I’m certainly open to those.”

Daniel Bielfeldt said it was unrealistic that they would resolve everything tonight and asked for the issue to be tabled.

His company manages many units in town, from “top-of-the-line” to apartments “that rent for $400 a month,” he said.

“I think that the market works,” Bielfeldt said. “Not everyone is going to want to live on the top-level housing, nor can they afford to.”

Affordable housing is a big deal in the city, but he doesn’t think landlords should have to retroactively go into every house and retrofit, he said.

“I’d prefer if you all just vote no on this and we all go back to doing our business,” Bielfeldt said. “I think almost all of us who manage property do wake up in the morning and we try to do right by our renters and that’s how the places stay full. And we certainly want everyone to be safe.”

Some speakers asked how much liability the city wants to open itself up to with the new ordinance amendments and others questioned why Brookings has a three unrelated tenants limit when other cities this size are not that restrictive.

Katie Murray, a Realtor, said some renters sneak an extra person in and then don’t call for maintenance so the houses go downhill.

Allowing the larger homes to have more occupants will help out the tenants and the property owners, she said.

“I think there’s a misconception that landlords do make so much money and that it’s easy for us to get people in and out of there. But things are getting tight; affordable housing is tough,” Murray said.

Kay Becker and Mike McClemens urged the council to table the topic and get more input.

Justin Fjeldos, a property manager, said he agrees with the changes in the safety issues but wants to keep rents competitive. The updates will cost property owners, such as $500 for a new vent and hiring carpenters to do stair rails. He’s worried about adding expense for the property owners and having that expense passed on to the tenants. That will make it harder for people to find places to rent for $400-$500 a bedroom, he said.

The council voted to table the discussion and host a study session later to get more information.

Councilor Dan Hansen was absent; Councilor Ope Niemeyer was present by phone.

Contact Jodelle Greiner at jgreiner@brookingsregister.com.