ROP_Intro_CDC-HC_VideoLink — original pdf
Backup
Introduction to the ROP Austin Development Services | February 2026 Community Development Commission Housing Committee Today’s Outline Program History, Policy, & Overview Discuss Types of Violations Review Ordinance Requirements Registration Requirements Periodic Inspections Suspension and Revocation Process 2 Why ROP? Video Link 3 History Repeat Offender §4-14-1 June 6: Res. 49 - Rental Registration; Res. 50 Repeat Offender Program Sept. 26: Res. 50 adopted 2013 Jan. 2014 ROP Fully Implemented Nov. 2014 Amended by Council Remove habitability, Added conditions 12 to 24 months 2014 January: Changes implemented by Austin Code 2015 4 Overview: Repeat Offender Program All single-family and multi-family Rental Properties that have received numerous health and safety complaints (within 24 consecutive months) are required to register with the City of Austin Repeat Offender Program. 5 Violations What types of conditions are considered a violation? Infestation Rental properties with multiple code violations are required to register with the repeat offender program. 6 Ordinance Requirements A rental registration is required for multi-family and single-family rental properties (not occupied by the owner) if they have received the following within 24 consecutive months at the same property: consecutive 24-month period, and the owner of the property fails to correct the violations within the time frame required by the code official. 2 or more separate notices of violation are issued for the same property within a 5 or more separate notices of violation issued on separate 2 or more citations are issued for the same property within 24 consecutive months. days for the same property within a 24-month period regardless of whether the violation was corrected or not. 7 Registration Registration Process Identify Review Staff identifies & refers property to the ROP committee as a candidate for the Program. ROP committee reviews property & determines if property meets requirements. Register Property submitted to Permit Review Analyst. Property owner to register within 14 days or appeal to Code Director. Notify Public notified of registered properties: online reporting, Austin Code website, media, quarter reports, social media. Inspect ROP team conducts periodic inspections of all registered properties. 9 Registration Requirements Within14 days from registration notice - return rental registration application, pay registration fee Property owner may appeal registration requirement; must be submitted in writing within ten (10) days of mailed notification Property remains registered for minimum of two (2) consecutive years; shall remain registered until conditions of ROP 2-5-2 have not occurred for two (2) consecutive years. 10 Registration Requirements If rental property completes a registration period and then becomes subject to this chapter again, the registration period will be for a minimum of five years and must remain registered. The registrant shall pay an annual fee to maintain the rental registration. Display the registration in a public area of an on-site management office or other similar public area of the property is required. 11 Inspections Inspections by Code Officials A. The code official may conduct: 1. Inspections based on indication of Code Violations, including complaints received by the City. 2. Periodic inspections. 3. Follow-up inspections. B. The following areas of a multi-family property will be subject to inspection: A. All building exteriors. B. All exterior and interior common areas. C. Vacant dwelling units. D. Occupied dwelling units upon the consent of the tenant or when subject to valid administrative search warrant. § 4-14-40 13 Inspections C. The following areas of a single-family property will be subject to inspection: 1. All building exteriors. 2. Vacant dwelling units with the owner’s consent and 3. Occupied dwelling units upon the receipt of complaint by the tenant or when subject to valid administrative search warrant. D. A landlord or tenant of a rental property may refuse to consent to an inspection conducted by the code official. If consent is refused, the code official may seek an administrative search warrant authorized by Article 18 of the Texas Code of Criminal Procedure. § 4-14-40 14 Periodic Inspections A. May occur once a year. B. Code official will select the occupied dwelling units. C. Provide tenants with a written notice at least 2 days prior to inspection to include: 1. The dwelling units that may be inspected. 2. That an inspector intends to enter those identified units 3. That the tenant has a right to see the code compliance inspector’s identification before the inspector enters the dwelling unit 4. Contact information for the Code Compliance Department D. Upon request of the code official, a registrant must provide proof that written notice was provided. § 4-14-41 15 Periodic Inspections During the periodic inspection, the inspector will document all violations. Each interior and exterior inspection performed will have its own case created. A Notice of violation will be sent to all violations from the periodic inspection, and a 30-day compliance timeframe will be issued. Inspector will follow-up within 5 days of the expiration of the notice to determine if violations remain. § 4-14-41 16 Common Code Violations 1. No Hot Water 2. A/C Not Cooling 3. Heater Not Heating 4. Non-Functional or Missing Smoke Alarm 5. Bedbug/Roach/Rodent Infestation 6. Damaged Interior Wall 7. Trip Hazards 8. Damaged Windows 9. Ceiling Leak 10.Electrical Outlet(s) Not Working 11. Sewage Overflows 17 Suspension & Revocation Suspension & Revocation Overview Ordinance provides enforcement procedures for property maintenance compliance. Citations, BSC and suspension/revocation process. June 2020: Suspension/revocation initiated to incentivize code compliance for ROP. A suspension or revocation prohibits the registrant from renting vacant units to new tenants. The suspension/revocation has been a very effective compliance enforcement tool for ROP properties. 19 Suspension Suspension A. The code official may suspend rental registration for a rental property if the code official determines: 1. the property is declared substandard or dangerous by the Building and Standards Commission, the code official, or a court of competent jurisdiction; 2. the registrant fails to timely comply with a notice of violation; 3. the registrant fails to comply with a requirement of this Chapter; 4. the registrant fails to comply with other City permitting requirements; or 5. the registrant fails to pay its annual registration fee. 20 Revocation Revocation A. The code official may immediately revoke a registration that has been suspended pursuant to Section 4-14-50 (Suspension) if the code official determines that the registrant is: 1. a condition that is dangerous or impairs habitability exists at the rental property during the suspension period; and 2. the registrant fails to take remedial action to correct the condition. B. Even if the registration has not been suspended, the code official may immediately revoke a registration issued under this article if an order to vacate the rental property is issued by the Building and Standards Commission or a court of competent jurisdiction. C. After the rental property is compliant with the City Code, the code official may re-instate the registration for the time period specified in Section 4-14-31 21 Procedures 1. An “Intent to Suspend Letter,” is sent to property owner providing 30 days to comply with the violations cited on the letter. 2. The Suspension letter is sent notifying the owner that the property is suspended, and that the owner has 10 days to appeal. 76 Properties participating in the ROP 1 Property currently suspended 22 Your Role S&R Appeal Received* Refer to BSC BSC Grants or Denies Appeal * within 10 days of notification 23 Consequences A suspension or revocation prohibits registrant from renting vacant units to new tenants. Vacant units verified thru Austin Energy utilities; units reflecting management company or owner’s name indicates unit is vacant. Inspectors ensure initial unit vacancy; they verify vacancy again in appx. 30 days. Austin Energy will confirm that units remain in management or owner’s name. Municipal Court charges will be filed if units are confirmed to be occupied. 24 Summary Topics discussed today: Overview of the ROP Program History Violations and ordinance requirements ROP registration requirements Inspections and common violations Suspension and revocation process 25 Thank You Matthew Noriega, Division Manager Matthew.Noriega@AustinTexas.gov 512.974.7224