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Old 03-09-2011, 06:25 PM
 
110 posts, read 163,134 times
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Hi. I have a dilemma - a new rental property ordinance in the city of Charlotte. I leased a house 2009-May 2010 to a fellow who was robbed in the house sometime in April. The city is sending me the bill for $335.00 as a recovery fee, they dubbed "registration fee", where the city will help me with drafting a better lease agreement, and prevent crime myself - perhaps??. With guns or magic, i don't know. I have an over a phone hearing with the authorities coming up soon. I do not live in NC anymore, and not leasing the house. It is for sale since June.

My questions are: Does anyone know if having been a victim of a crime in single family residence is classified a violation of that ordinance (Article XII, sec 6-580). The ordinance itself is a recent addition to the city laws, does April even fall in "after" the law became in effect? Any lawyer successfully argued these?

Tax question, is the fee deductible? It is, after all, considered "registration fee". Not like a parking ticket, but more like toll road fee.

Thanks for any info you may have. Before i hand out checks, i thought I would ask ;-)
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Old 03-09-2011, 08:05 PM
 
Location: Charlotte, NC
7,431 posts, read 6,627,417 times
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I have never heard of this???
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Old 03-09-2011, 08:19 PM
 
110 posts, read 163,134 times
Reputation: 42
unfortunately it is true:
Rental Ordinance

Council mulls new rental rules for Charlotte landlords - News 14

for all crimes, except domestic violence. From reading more documentation on this, I have to come up with some remedial action plan for the police, as if i had caused or have any way to prevent violent crimes. Not that i will be leasing the house (it's for sale), but some plan will need to be issued to them in writing, to be signed off by a city-council appointed member. I suppose I will say, "i will make sure that future tenant shall have minimum salary of 50k, credit score 700, no criminal record, steady work record". Never mind that it will not prevent this imaginary individual from getting robbed.
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Old 03-09-2011, 08:56 PM
 
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Sorry but I think there is more to the story than you may or may not know. To fall into the registration process your property has to be in top 4% of the most crime ridden properties in Charlotte. This amounts to less than 500 properties in the entire city.

I can tell you the fee is probably a deduction.
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Old 03-09-2011, 09:03 PM
 
110 posts, read 163,134 times
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interesting (about 4% part), they listed only one occurrence, which is the threshold for SFR.
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Old 03-13-2011, 08:28 PM
 
Location: Gaston County
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This is one reason I'm not buying any more rentals in Charlotte. We came close to seeing them pass an an ordinance to maintain a registry of all the landlords. The current "problem rental" committee was a compromise measure.

But this will crop up again, and the city will continue to get more intrusive over time. What eventually happens is EVERYONE gets to pay a fee for the priviledge of a city inspector showing up to tell you how to maintain your property. No thanks!
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Old 03-14-2011, 09:17 AM
 
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Quote:
Originally Posted by Sean_CLT View Post
This is one reason I'm not buying any more rentals in Charlotte. We came close to seeing them pass an an ordinance to maintain a registry of all the landlords. The current "problem rental" committee was a compromise measure.

But this will crop up again, and the city will continue to get more intrusive over time. What eventually happens is EVERYONE gets to pay a fee for the priviledge of a city inspector showing up to tell you how to maintain your property. No thanks!
No doubt it COULD happen as such ordinaces/ registrations exist in several other places such as Greensboro, but I wouldn't let it deter me from buying rentals in the area. There is some big money in the form of the Apartment Industry that is ready to fight it tooth and nail.

Even in Gbo, which is the toughest one I have seen, the property only gets inspected every 5 years and its a $50 fee.
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Old 05-13-2011, 11:00 PM
 
10 posts, read 10,244 times
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Default Not a fan of the Rental Property Ordinance

This ordinance is misguided and certainly the application of the law is out of line. Recently a client of mine received a similar notice from the CMPD requiring him to register his Grier Heights rental property. According to the police report, the tenants were in their home and there were gun shots heard outside. One shot even went through a window in the house. After the shooting stopped, the tenants investigated and called the CMPD. This incident happened back in November of '09. My client received a notice which requires him to attend a hearing later this month. Because the shooting is considered an aggravated assault and is a felony, the property automatically is required to be registered with the city.

The tenant was not involved in the shooting at all. But the landlord is somehow responsible? The city has a crime problem in these neighborhoods and somehow random shootings, break-ins, etc must be the responsibility of the landlord. Regardless of whether or not the home falls in the 4% zone, what could a landlord do to prevent this from happening in the future?

This law is vicious. If you read the fine print, once your property is registered, if you sell your property the next owner must also continue to pay the annual fee as well. This is terrible for the home's resale value. Look at it this way. Would you buy a home that required flood insurance in the Charlotte area? Of course not! So, I wouldn't buy a home that requires me to pay a registration fee every year. This fee is probably at least %6-%8 of the gross income of the property. Another point worth mentioning is that based on the fee schedule, its clear that the smaller investor is hindered more by the amount of the fee than the larger investor.

I would gladly pay a $50 registration fee or a business license annually to have the right to operate my rental property business. However, it is absurd to hold anyone responsible for random shootings or break-ins especially when the tenant is the victim. How is that the fault of the landlord?

I currently direct all of my clients away from these marginal neighborhoods. That would include some of the neighborhoods that were gentrifying before the market slowed down. Belmont had some hope but why would you risk buying and renovating in that neighborhood now only to have the city tell you your responsible for random violent acts?
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Old 05-13-2011, 11:40 PM
 
110 posts, read 163,134 times
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Here is a link to another post of mine http://www.city-data.com/forum/18414471-post20.html
Look at your incident date and date the law took affect - June 2010.

I moved to Boston, otherwise I would fought my fine. A Harvard grad lawyer told me - the city is smoking crack for imposing laws retroactively.

Btw, I did sell that property and passed along the name of new owner. He is up for a surprise call.

When you go to court to contest this and win, can you please post on this forum. Then I will call that CMPD unit and ask for my money back - politely.
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Old 05-14-2011, 08:17 AM
 
375 posts, read 443,429 times
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Actually met with CMPD and city officials to discuss this topic this past week. While they are happy to have such an ordinance in place, they admit it has some flaws and the ordinance will be up for modification. 2 of the biggest problems are:

1. Its based on calls for service and sometimes pinning an address down can be difficult such as if your property is near a pay phone, bus stop, convenience store, etc. the crimes there could erroneously be assigned to yr property. Same as with a random shooting in the neighborhood. The crime has to be assigned somewhere. They have analysts on hand to help weed through these errors, but they are human of course. Moral of the story is contact them and explain what happened and if need be show up for the hearing and do the same. If you have a legit arguement then it should be pretty straight forward. Obviously more difficult if you are out of town, but yr propertyy mgr should be able to handle it for you.

2. The current ordinance unfairly targets single family properties as crimes in apt complexes get divided into the whole complex and thus watered down. This will most likely chenge coming up.
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