DEPARTMENT: Neighborhood and Housing Services
DEPARTMENT HEAD: Verónica R. Soto, AICP
COUNCIL DISTRICTS IMPACTED: City Wide
SUBJECT:
Notice of Tenants Rights
SUMMARY:
Consideration of an ordinance that requires a landlord or property manager to provide an information sheet to a tenant when a Notice to Vacate for Non-Payment of rent is delivered.
BACKGROUND INFORMATION:
On May 7, 2020, City staff proposed to City Council an ordinance that would require a landlord or property manager to provide an information sheet to a tenant when a Notice to Vacate for Non-Payment of rent is delivered. The purpose of the information sheet is to help educate tenants on the eviction process and encourage landlords and tenants to work collaboratively to permit tenants to remain in their homes while at the same time ensuring landlords will maintain a level of revenue that will permit them to continue to provide housing options for tenants.
The item was included in the Housing Security Pillar of the COVID 19 Recovery and Resiliency Plan that was approved by City Council on June 4th. The Plan includes four pillars: Workforce Development, Housing Security, Small Business Support, and Digital Inclusion. Each of the four pillars was assigned to a City Council Committee. On June 15, 2020, the Culture and Neighborhood Services Committee recommended that the Notice of Tenants Rights proceed to City Council on June 25th.
The proposed ordinance has been reviewed by several stakeholders. The ordinance is effective 30 days from approval and if approved, City staff will work with the stakeholders on the outreach and enforcement for the new ordinance.
ISSUE:
City staff is recommending the adoption of an ordinance that would require a landlord or property manager to provide an information sheet to a tenant when a Notice to Vacate for Non-Payment of rent is delivered. The Notice of Tenants Rights:
• Emphasizes that Notice to Vacate does not require tenant to leave the premises;
• Advises that the tenant enter into a payment plan with landlord;
• Provides information on City and Bexar County Resources; and
• Outlines the eviction process.
The proposed Notice applies beyond the COVID 19 emergency period and applies to all residential landlords. The fine for violating the ordinance is up to $500 and may include multiple citations. However, the first offense is a warning.
ALTERNATIVES:
City Council could choose not to approve the ordinance, but such action would impact the ability for the City to provide resources to our most vulnerable residents.
FISCAL IMPACT:
There is no fiscal impact.
RECOMMENDATION:
Staff recommends approval of the ordinance that requires a landlord or property manager to provide an information sheet to a tenant when a Notice to Vacate for Non-Payment of rent is delivered.