The City of Fayetteville's strategic plan describes the type of community the City Council is working to create, maintain and enhance. One of the six main goals identified by the City Council for the last decade has been 'Growing City, Livable Neighborhoods - Great Place to Live.' One component of the City's efforts to achieve that goal centers around the creation of programs focused on residential rental properties throughout Fayetteville.

This page is designed to provide background on the residential rental properties programs that the City is exploring. Additionally, staff will update this page with new information as work continues to develop these programs for City Council's consideration.

Background:

Starting in 2007 the City Council directed staff to research the feasibility of creating a program to inspect rental housing units to ensure that these units met the standards of the City's minimum housing code. Since that time the City Council has considered several programs, with the most recent being a Probationary Rental Occupancy Permit, PROP, based on similar programs used in other North Carolina cities.

On April 26, 2011, the City Council adopted a Probationary Rental Occupancy Permit (PROP) program. This program is designed to allow the City to more closely monitor and regulate rental properties that are the site of repeated or severe code violations or that are the site of certain criminal acts. The program would require those rental property owners whose property is the site of such violations or crimes to be placed into PROP and as a condition for renting the offending property again, the owner would be required to obtain a permit from the City. This would allow the City greater oversight of problem rental properties. The program was to be implemented July 1, 2011.

On June 18, 2011, Senate Bill 683 was ratified by the Legislature. The purpose of this Bill was to limit the level of local regulation of rental properties as well as limit the use of periodic inspections. Specifically, it prohibits cities from enforcing an ordinance that requires permitting of rental properties unless the property is the site of more than three violations in a 12-month period or is identified as being in the top 10 percent of properties with crime or disorder problems as set forth in a local ordinance. The language regarding the top 10 percent of properties with crime or disorder problems is based on a program currently utilized in Charlotte. This Bill has a direct impact on the functionality and substance of the PROP program.

Upon adoption of Senate Bill 683, the PROP ordinance is no longer enforceable as drafted. Only one of the ten PROP eligible conditions could possibly be enforced as intended and it would still have to be revised. Furthermore, the ability of the City to charge a permit fee for PROP eligible properties under the current ordinance is doubtful.

On August 8, 2011 staff briefed the City Council on the impacts of SB 683 on PROP.  Given the need for the program, City Council directed staff to revise PROP, consistent with state law, and bring back program alternatives as soon as possible.

Staff provided City Council with an update on October 3, 2011 (briefing materials linked here), and the plan to conduct meetings with stakeholders in October with another update to the City Council in November 2011.

November 7, 2011 City Council Work Session Briefing Materials

November 7, 2011 City Council Work Session Power Point Presentation (PDF)

December 12, 2011 City Council Work Session Briefing Materials

RAMP Q&A - December 15, 2011

January 9, 2012 City Council Work Session Briefing Materials

RAMP Q&A - January 19, 2012

February 6, 2012 City Council Work Session Briefing Materials

Schedule:

This target supports city goal #2:  Growing City, Livable Neighborhoods – A Great Place to Live

• Measure of success: Revise PROP to be compliant with state law and workable in Fayetteville.

Staff Liaison: Doug Hewett, Assistant City Manager
Email Address: dhewett@ci.fay.nc.us  |  Phone Number: 910-433-1990
Team: Development Services, Information Technology, Police and City Attorney’s Office

Please feel free to provide feedback about these residential rental properties programs by filling out this contact form: