An ordinance that would revamp New Haven’s landlord licensing program advanced closer to final passage at the Board of Alders’ Legislation Committee’s meeting Tuesday night.
The Livable City Initiative (LCI), the city’s anti-blight agency, had proposed a draft of the plan to reform the landlord licensing system in May, in the aftermath of a deadly fire at an illegal rooming house at 150 West St.\ earlier that month. On Tuesday evening, LCI Director Serena Neal-Sanjurjo and Deputy Director of Housing Code Enforcement Rafael Ramos returned to the Legislation Committee to present a set of amendments to the ordinance.
The ordinance would create three different types of licenses for landlords, which could last between one and three years.
Landlords with almost no violations would be eligible for a three-year “Type I” license. Those with fewer than five non-life-threatening violations would qualify for two-year “Type II” licenses, and those with more than five violations would receive a one-year “Type III” license. (Read more about these changes to the licensing system here.)
Many of the recommended amendments to the ordinance were grammatical fixes. LCI’s main addition to the ordinance requires that the city town clerk’s office document landlords’ non-compliance with inspections on the property title itself. This procedure would prevent code violations from slipping through the cracks if a landlord decides to sell a property rather than repair it.
“What we have found is that some property owners feel, ‘OK, I’m just gonna sell it and move on’” when faced with a lien, said Neal-Sanjurjo. “That happens a lot in this city,” she said afterwards.
Committee Chair and Fair Haven Heights Alder Rosa Ferraro Santana suggested another solution to landlords who consistently violate housing codes.
“Why don’t we just buy the property?” she asked. “It costs us more money for LCI to go out there and clean it up.”
“I think that would be something to look forward. Maybe not now,” Santana said.
Neal-Sanjurjo answered that city officials, alongside the Affordable Housing Committee, have been looking into that option.
“The way I see it, this is a way to put some teeth into enforcement,” interjected Westville alder Adam Marchand. “This is not a licensing overhaul.”
He asked Neal-Sanjurjo how close this ordinance would get to her vision of the long-term changes necessary to the licensing system.
“From what I’ve learned over the last four and a half years, I think we’re at 80 percent,” Neal-Sanjurjo said. One limitation, she added, is that the landlord licensing program is voluntary, as per the city’s law. “I can’t say that this will get 100 percent participation,” she said.
Newhallville and Prospect Hill Alder Steven Winter has been working on the ordinance with activists from the Room for All Coalition affordable-housing advocacy group.
“So many of my constituents are having housing code issues,” Winter said.
The committee voted to pass the ordinance, including the amendments that Neal-Sanjurjo and Ramos set forth, on to the next step: a final vote at the full Board of Alders.
Golden: More Transparency For Tenants
Robin Golden, a New Haven Legal Assistance Association consultant working with the Room for All Coalition, approached the committee to testify before the vote. Golden advocated for measures that would make the licensing process more transparent to tenants.
She asked for the checklist that LCI uses for inspections to be publicly accessible online.
“It’s important for tenants to know what their homes should look like,” she said.
Golden also argued that landlords should be required to post their licensing certificates in a visible location, displaying the type of license — I, II, or III — that they received. Tenants and visitors could infer the severity of their landlords’ violations from these posted signs. Finally, she asked for a database of landlords and their license type to be accessible online.
Santana responded that Golden’s proposed changes “make sense,” but later brought up that the city’s corporation counsel would need to review those changes.
The committee voted to look into Golden’s suggestions as “an item of homework,” as Marchand put it: As the ordinance makes it way to the Board of Alders, Golden and LCI will work with the city’s lawyers to determine the language for Golden’s proposed amendments.
Winter moved to change the labels of the three types of licenses from “I,” “II,” and “III” to “A,” “B,” and “C.” He argued that those labels would “communicate a sense of quality to the public.” But the motion failed when none of the other committee members seconded it.
Danbury has an aggressive ordinance which makes the Landlord responsible for obtaining an inspection: (The Alders at the time knew of this ordinance when they passed the current New Haven rules.) See:
ec. 20-175. - Certificate of occupancy requirement.
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(a)
No dwelling unit in any dwelling containing three (3) or more dwelling units shall be occupied for human habitation, after a vacancy, until a certificate of occupancy has been issued by the Director of Health, certifying that such dwelling unit conforms to the requirements of the applicable housing ordinances of this City and to the Connecticut General Statutes; provided, that no provision of this section shall be construed to prohibit human occupancy of such dwelling unit during the pendency of an application for such certificate. No provision of this section shall apply to any structure occupied by the owner thereof and containing three (3) or less housing units. Any person aggrieved by the refusal of a certificate of occupancy may appeal to the court of competent jurisdiction within which the dwelling unit is located, and such appeal shall be privileged.
(b)
No rent shall be recoverable by the owner or lessor of such dwelling for the occupancy of any dwelling unit for which a certificate of occupancy has not been obtained prior to the rental thereof in violation of subsection (a) of this section.
(c)
The provisions of this section shall not apply to any such structure which has been constructed within a period of ten (10) years next preceding the date when such certificate of occupancy would otherwise be required hereunder.
(d)
The Director of Health may set a reasonable schedule of fees which are to be paid prior to the issuance of the certificate of occupancy required by this section, subject to its approval and adoption by a resolution of the City Council.
(Code 1961, § 10-10; Ord. No. 241, 3-6-1979;