ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Tuesday, May 21, 1996                  TAG: 9605210120
SECTION: VIRGINIA                 PAGE: C-1  EDITION: METRO 
SOURCE: DAN CASEY STAFF WRITER 


RENTAL PLAN STALLS LANDLORDS PAN INSPECTION TAGS

Quick action expected on a new rental inspection program for Roanoke suffered a minor setback before City Council on Monday after objections from a landlords' group over the display of rental certificates on inspected properties.

In response, Roanoke City Council delayed a vote on the proposed ordinance until next month at the earliest.

In the meantime, the city administration will try to clear up the confusion of landlords and others about wording in the draft ordinance, which would allow inspections of about 4,700 rental units in 12 conservation areas and rehabilitation districts.

Those are generally older areas of the city near downtown, such as Old Southwest, Gainsboro, Fallon Park, Morningside, Belmont, Loudon and Melrose. State law doesn't give the city authority to force periodic inspections elsewhere.

Modeled in part after successful efforts in other Virginia cities, including Lynchburg, the draft ordinance has seen significant changes since public discussion began almost a year ago.

First conceived with mandatory rental inspections every 12 months, the ordinance was softened after an outcry from landlords. Now, it's a partly voluntary program in which landlords may decline inspections if they have long-term tenants who stay in the dwellings.

One fear that has been voiced by interested tenants and neighborhood representatives is that bad housing inhabited by uncomplaining long-term tenants might never be inspected.

In other cases, inspections will be performed every 24 months or whenever a tenant leaves a dwelling, whichever comes later.

Landlords "have won big time on this ordinance," said Martin Jeffrey, of Total Action Against Poverty, who nonetheless praised the city for holding a series of public workshops to develop it. "It's gone from mandatory to voluntary," Jeffrey said. "There was compromise; clearly, that was significant."

City Public Works Director Bill Clark said the voluntary component "will allow the city to efficiently use its resources to accomplish the desired goals of public health and safety while minimizing interference with the legitimate interests of private property owners and tenants."

The biggest objection that council heard Monday came from John Kepley, acting president of the 100-member Roanoke Property Investors Association.

He told council that the landlords' group is strongly opposed to a part of the draft ordinance that would require that rental owners affix inspection certificates near the main entrance of any rental unit so that the certificate can be viewed from outside.

Proponents of the certificates, such Jeffrey, said they would give tenants a quick and easy way assurance that a apartment or home they're considering renting is up to code.

"The tenants want to know immediately" whether a home is safe, Jeffrey said.

But Kepley said the certificates would be unsightly on the outside of a house. He also called it "discriminatory" against tenants because the certificates would be a signal to others that they don't own their homes.

He also said the landlords' group objects to the certificates being mounted inside the house in an obscure place such as on the electrical panel box.

"We don't want any display of certificates whatsoever," Kepley said.

Frank Roupas, another landlord, said that even the weakened draft ordinance gives too much power to building inspectors. He said the city should inspect rentals only for major deficiencies such as heat, hot and cold running water, roof leaks, the electrical system and exterior paint.

"We must be very careful ... not to give more sharp teeth - sharper than the teeth of sharks - to our building inspectors, who will be able to hurt the landlords and the landladies and tenants," Roupas said.

Only one council member indicated opposition to the ordinance. Councilman Mac McCadden said he's philosophically opposed to having inspections in only part of the city. Because of limitations in the state law, the ordinance could not apply to rentals in areas such as Raleigh Court or South Roanoke.

"I'm going to vote against it," McCadden said. "That is because I have a problem with the [state] law."

Council will probably vote on the ordinance next month.

In other action, council:

Directed City Manager Bob Herbert to report June 3 on the feasibility of changing the Mill Mountain Star's color from white to red for 48 hours after each alcohol- or drug-related traffic fatality in the Roanoke Valley.

Council's action was requested by Mothers Against Drunk Driving and the New Century Council, as part of an educational campaign on the dangers of driving under the influence of alcohol or illegal drugs that the organizations have dubbed "Keep the Star White."

Turned down, by a vote of 4-1, a request from the owners of Hickory Woods Apartments in Northeast Roanoke for rezoning of 17 adjacent acres for a new $11.5million, 248-unit apartment complex.

The vote came after Thomas and Linda Mann, the owners a home on King Street that's adjacent to the property, told council the complex would make their $100,000 home virtually worthless and that it would worsen an already bad traffic situation on accident-plagued King Street.


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