STERLING — Sterling’s City Council is discussing the possibility of adopting a residential rental housing code that, if approved, would hold owners and tenants accountable for substandard living conditions in rental properties throughout the city.

Sterling Building and Zoning Superintendent Amanda Schmidt said Monday that for years, renters and other residents have been voicing their concerns about conditions inside several properties across Sterling, some of which were recently approved for demolition.

According to Schmidt, the city does not have a complete list of all its rental properties. The Sterling Residential Rental Housing Code that is under discussion would allow the city to set and enforce “minimum standards” for living conditions at rental properties by creating a registry and an inspection program.

Schmidt shared a draft version of what the rental housing code could look like during Monday night’s council meeting, and said she would love input from the public, landlords and tenants on how it could be improved moving forward.

“If we were going to go about this, I would expect to meet with all of those parties whom this is going to impact,” Schmidt said.

The rental housing code proposal

According to a draft of the proposed code, owners would have to register their rental properties with the city and provide pertinent information about those properties. They would also have to provide their contact information and that of a designated agent who could order repairs or services should the owner live or maintain their office more than 50 miles from the city.

“I don’t know how many times someone has come with a complaint and we don’t have a way to reach the owner or someone authorized to help,” Sterling Mayor Diana Merdian said in an interview with Shaw Local. “This would take care of listing how many of these properties we have, where they are, who owns them and how we contact them.”

Owners would have to register their rental units on or before the date the unit is leased and pay a registration fee. Units already under lease would have 180 days from the date the ordinance is adopted to register, and failing to register on time could result in late fees.

“If it’s something that isn’t necessary to fund the program and it’s not a necessity, I would forego the fee and stick to everything else,” Alderman Jim Wise said. “The registration has to be done. I understand that.”

Rock Falls Mayor Rod Kleckler, who also is president of the Sauk Valley Landlord Association, agreed.

“Alderman Wise nailed one of the biggest problems on the head, the registration fee,” Kleckler said. “Our cities, police departments, fire departments, street departments, they all run with no user fee. That’s a service that the city needs to provide.”

Sterling City Manager Scott Schumard said the fees would help offset the cost of replacing one of the city’s two code enforcement officers, since one of the current officers would head up rental inspections should the ordinance pass.

“Are you going to be OK being down to one code enforcement officer,” Schumard asked. “If so, then it is cost-neutral.”

Rental inspections

The code would also create an inspection protocol for registered rental properties. Inspections would check buildings for substandard living conditions and ensure they meet all building codes.

“The inspections are nothing excessive like saying all of your closet doors have to be brown,” Merdian told Shaw Local. “That’s ridiculous. But how about all of your plumbing has to be actual pipes and not garden hose? You might laugh but we’ve seen it.”

According to the draft proposal, substandard conditions could include:

• Inadequate sanitation, including, but not limited to, lack of an operable flush toilet, kitchen sink and running water.
• Inadequate heating, lighting, ventilation and electricity.
• Lack of operable electrical service, wiring or fixtures.
• Insect, vermin or rodent infestations.
• Not being connected to an approved sewage disposal system.
• Inadequate garbage and rubbish storage facilities.
• Deteriorated foundations, fireplaces or chimneys.
• Defective flooring or supports.
• Cracked or leaning walls and partitions.
• Sagging or damaged ceilings and roofs.
• Inadequate wiring, plumbing and mechanical equipment, such as furnaces and vents.
• Defective walls, roofs, windows and doors that could expose occupants to the elements.
• Exceeding the maximum number of permanent residents.

Kleckler argued the draft’s definitions for substandard conditions and minimum standards are too vague.

“What is inadequate electricity; is that when ComEd has a brownout and instead of getting 110 volts, you’re only getting 90,” Kleckler asked. “If you’re going to take me to court or fine me for something, I want to know exactly what it is.”

Under the proposed draft, rental units would undergo an initial inspection, with subsequent inspections to follow depending on initial findings. Inspection notices would include the time and date of inspection, the name and agency of those conducting the inspection, the purpose of the inspection and information on the owner and occupant’s right to object to it.

Schmidt said inspections would be conducted when rental units are unoccupied, and owners would be notified before the inspection date. The city could also inspect units with alleged violations by obtaining an administrative warrant, or if the owner or occupants request one.

Exempt property types would include owner-occupied, single-family homes and portions of owner-occupied multi-family buildings, licensed nursing home facilities, hotels, motels and other lodging that rents for 30 days or less, not including short-term rentals like Airbnb. Properties owned by government agencies or public housing authorities would also be exempt, provided they are subject to inspection by other agencies.

Enforcement

According to the ordinance, owners would not be the only ones subject to accountability.

Tenants would still be responsible for maintaining the general upkeep and sanitary conditions within the rental unit, including removing garbage and not letting it build up. They are also responsible for ensuring the unit remains undamaged and for behaving in a manner that does not create disturbances or nuisances.

Any violations found during the inspection would be provided to the owners and tenants in writing and be subject to a fine. If the violations do not pose a life-safety risk to the occupants, the responsible party would have 30 days to correct them and schedule a reinspection. However, if the violations pose a threat, the city could take action, including seeking a court order.

“You’re in the middle of winter and you’re trying to rent out a place without a furnace, no, not going to happen,” Schmidt said. “If it’s the middle of the summer and you need to get a replacement furnace, that is accessible. You don’t need a furnace in July.”

Some landlords at the meeting were concerned that supply chain issues could delay access to materials needed to fix violations within the given timeframe.

“We would work with a landlord if they show, ‘Hey, we’ve ordered this. They’re six weeks out,’” Schmidt said. “We all know there’s a wait time on multiple building supplies and would work with a landlord.”

Governmental Affairs Director for Illinois Realtors Neeley Erickson thanked the city for its transparency and willingness to work with her agency but also shared her concerns.

“This ordinance is not ready to go,” Erickson said. “Maybe it’s just the interpretation that’s different than what you’re looking for because we recognize that you’re only looking for the minimum standards of the 2021 [international building] code. We are extremely concerned about the housing stock in the city and how 42% of that stock will be impacted by this ordinance. Rental housing is a part of your workforce mobility. So, if you’re destroying it and it’s not coming back, it’s going to make that housing shortage even worse.”

Schmidt said that over the next several weeks, she hopes to receive feedback from the council and all other interested parties that could help make changes to the ordinance. Once those changes are made, the ordinance would undergo a final legal review before being presented to the City Council for a vote. If the measure passes, Schmidt said registration would likely begin next year with inspections to follow.