Analysis: Ambiguities abound in proposed Bloomington law on occupancy affidavits for renters

Poster created during structured activity led by members of Neighbors United on June 13, 2021 at Rev. Ernest D. Butler Park.

Renters association organization meeting on June 13, 2021 at Poster created during structured activity led by members of Neighbors United on June 13, 2021 at Rev. Ernest D. Butler Park.

Poster created during structured activity led by members of Neighbors United on June 13, 2021 at Rev. Ernest D. Butler Park.

Renters association organization meeting on June 13, 2021 at Poster created during structured activity led by members of Neighbors United on June 13, 2021 at Rev. Ernest D. Butler Park.

This week, Bloomington’s city council will again consider an ordinance proposed by the administration that would require occupancy affidavits for many rental properties in the city.

At their Wednesday meeting, councilmembers could be hearing from some renters whose voices they haven’t heard before.

That’s because on Sunday afternoon, at Rev. Ernest D. Butler Park on Bloomington’s northwest side, a group called Neighbors United hosted a gathering meant to attract current renters to take a leadership role in forming a renters association in Bloomington.

Of the roughly 20 attendees on Sunday, half were renters. The talking point that wrapped up Sunday’s gathering in the park was the city council’s consideration of the city administration’s proposed new local law on occupancy affidavits. Continue reading “Analysis: Ambiguities abound in proposed Bloomington law on occupancy affidavits for renters” →

Law requiring occupancy affidavits for renters put off at least 2 weeks by Bloomington city council

A decision on a proposed new local law that would require landlords and tenants to sign occupancy affidavits, and file them with the housing and neighborhood development (HAND) department, has been postponed by Bloomington’s city council until June 16.

The unanimous vote to postpone final action came after public commentary from one smaller-scale landlord and a representative of the local apartment association. They called into question the need for the new local law.

As councilmembers were mulling a longer postponement, until July 21, HAND director John Zody told them, “I would encourage the council to fix a date where we would hear this again, if possible, so that we can work off of a timeline.”

Zody told councilmembers the new ordinance is a priority for the administration.

It became a priority, Zody wrote in response to an emailed question from The Square Beacon, when the state legislature enacted legislation that prohibits the city from requiring the issuance of a tenant’s rights and responsibilities document. Bloomington’s rights and responsibilities document included a section similar to the occupancy affidavit. [SEA 148]

According to a “whereas” clause in the ordinance, Bloomington has “a demonstrated problem enforcing over-occupancy in residential rental units.” It’s a claim that drew skepticism during public commentary.

The ordinance would require landlords to make a “diligent inquiry” into the family relationships, if any, among tenants, and list names of tenants, and the nature of those relationships. Continue reading “Law requiring occupancy affidavits for renters put off at least 2 weeks by Bloomington city council” →

Occupancy affidavits for smaller rental properties mulled by Bloomington city council

Excerpt from definition of “family” in Bloomington’s unified development ordinance (UDO).

Owners of Bloomington rental properties with four or fewer units might have to start submitting “a fully executed occupancy affidavit” to the city’s housing and neighborhood development (HAND) department.

Under a new ordinance proposed by the city’s administration, owners and tenants alike would need to sign statements about the number of adult occupants in a rental unit, and their relationship to each other.

The idea is to enforce the definition of a “family” in the city’s unified development ordinance (UDO). Bloomington’s UDO sets a limit of three for the number of unrelated adults who count as a family.

Adults who are related by blood or marriage are not restricted in number in the UDO’s definition of a family.

At its Wednesday meeting, the city council’s housing committee gave the administration’s proposed ordinance a first look. With a few grumbles, the committee voted unanimously to send the ordinance to the full council for possible enactment at the council’s June 2 meeting. Continue reading “Occupancy affidavits for smaller rental properties mulled by Bloomington city council” →