At the December 20^th final reading of the proposed rental unit regulatory ordinance, the Independence City Council unanimously adopted the  “City Council / Landlord Advisory Committee Report Regarding Regulation of Residential Rental Property” as presented.  The measure seeks to focus city resources on repeat code offenders as opposed to enacting blanket regulation, which would have required periodic interior inspections of all rental units. The primary features of the new ordinance are: (1) the enforcement of existing law that requires all landlords to obtain an occupational license; (2) the issuance by the landlord of the City’s Landlord/ Tenant Guide to all tenants, to be evidenced by receipt to be maintained in the property files (the absence of which may be subject to fine in the event of an enforcement action in response to a tenant complaint); (3) designation of an owner representative residing within a 35 mile radius of Independence with whom expeditious contact can be established as the need may arise; and (4) a stepped up fine schedule for repeat offenders, as well as a provision for re-inspection fees to be imposed for the third and each subsequent inspection required to gain correction of a violation. The enhanced enforcement program will be subject to review every six months to determine its effectiveness and as to whether additional provisions may be required.

  As reported in November, the Overland Park, KS city staff is still in the process of crafting an alternative recommendation to the City Council, which would replace an earlier regulatory program recommendation calling for rental unit registration and certification. Sam Alpert, along with Larry Winn and Chase Simmons of Polsinelli, White, Vardeman & Shalton have been closely monitoring this activity, as staff has been reluctant to facilitate open discussions with regard to their thinking. As of this writing it does not appear that this issue has maintained the staff and /or City Council priority it held several months ago.

The HAA expresses its appreciation to the Apartment Association of Kansas City for its generous legal action financial support  and active participation in the Overland Park effort.

In Kansas City, Missouri a ballot issue asking voters to approve a residential curbside recycling program has been moved from an April election to August in hopes of attracting better voter turnout. The program would pick up mixed recylables (including newsprint, magazines, cardboard, plastic containers; excluding glass) from residential properties of 1-2 units. An initial cost of  $1.95/month would be billed to residents on their water bills. A favorable vote would allow the costs to increase to $2.50/month before another public vote would be required. Owners of 3-6 units would have the elective option to participate  with Deffenbaugh Industries billing the occupants, or if desired, the owner of multiple units directly. The cost for this service is expected to be reflective of the city rate, assuming (1) Deffenbaugh’s initial direct cost to the city would be $1.67 per household, (2) the additional $.28 is the city’s admin./billing expense, and (3) Deffenbaugh’s administrative costs would not be significantly different from the city’s. Multi-family properties comprised of  over 6 units would be excluded from the program.