What is the Remedial Action Plan per Charlotte's Rental Property Registration Ordinance?

In yesterday's post I listed some of the problems with Charlotte's Rental Property Registration Ordinance. If your property is found to exceed the Disorder Activity Threshold (which is currently one violent crime for a single family home), you are required to register the property and follow a Remedial Action Plan. Here's what is involved in this plan:

1. Attend (or have your property manager attend) the mandatory hearing to discuss the activity on the property. Generally, there is at least one "street" officer from the police department at this hearing and I have found them to be very helpful and understanding. 
2. Pay the registration fee ($335 per this writing and it must be paid at least twice).
3. Furnish a copy of the lease, addenda and property rules to the Charlotte-Mecklenburg Police Department (CMPD). 
4. All leases must address eviction as a result of drug and criminal activity and authorized and unauthorized guests.

The following must be adhered to during the 18 month registration period:

1. All lease provisions must be adhered to by both the landlord and the tenant.
2. Landlord must comply with North Carolina General Statutes to provide fit and habitable housing.
3. Property lease and rules must be enforced consistently and promptly and proof must be provided to CMPD.
4. Owners or Property Managers must inspect the property at least quarterly and proof must be provided to CMPD.
5. Current and Prospective residents must be informed in writing that crime is not tolerated on the property and that every effort will be made to remove all residents who break the law and/or rules. Proof must be provided to CMPD.
6. All residents must be screened for criminal history and proof must be provided to CMPD.
7. All existing exterior lights must be working properly.
8. Maps of the property including locations of alarms must be provided to CMPD.
9. Phone numbers of key owners or property managers must be provided to CMPD.
10. Proof of registration must be posted in a conspicuous place accessible at all times to the tenant.
11. Reviews will occur at six month intervals during the 18-month period. 

Although the Ordinance states that the review process will end after the first six month review if the Disorder Activity Count is lower than the threshold, CMPD has insisted at each of my hearings that there is an eighteen month minimum.

Although this doesn't appear to be very punitive, the costs of compliance can easily average $100 per month or more during the course of the registration period. 

In terms of the number of properties impacted by the registration, fewer than 1% of the properties we manage have been affected. Please note, however, that Alarca already follows all of the guidelines recommended by the Action Plan and we immediately evict tenants in violation. As noted yesterday, however, it doesn't matter if the tenant no longer lives in the home. The premise is that the house is a problem and, therefore, the owners of the house should be held accountable, even if they evicted the tenant the day the tenant committed the crime. 

All of the screening, monitoring and oversight can't guarantee that a crime won't occur on the property. We also can't screen all of the tenant's family, friends, boyfriends, girlfriends, etc., and it can be very difficult to prove that a person is living in the home as opposed to just visiting.

Let's hope City Council changes the ordinance to not punish those owners who are truly acting in good faith. If not, however, a good property management company can minimize the risks and costs of owning a rental property. 

Active members of the National Association of Residential Property Managers (NARPM) are a great place to start when you're looking for a property manager.