The Southern Nevada Multi-Housing Association is hoping that a proposed bill of rights will back the city of Las Vegas off of a mandatory apartment inspection program.
In response to media attention about decrepit apartment properties some with standing sewage, others without power, and some operating without a business license - within Las Vegas city limits, the city has proposed annual inspections of apartments at least five years old. It has been suggested by the city that not every apartment be inspected at a property just 10 percent of the units and that a resident can refuse to allow a city inspector into an apartment.
The plan is similar to a plan floated by North Las Vegas in 2005, but tabled after industry outcry.
Many apartment owners and industry professionals contacted declined to comment on the record, many citing their fear of raising the ire of the city of Las Vegas, but all said the proposed plan is burdensome, would add costs, penalizes the vast majority of apartment complexes that operate professionally, and would be an invasion of privacy for residents.
The Southern Nevada Multi-Housing Association, an industry organization and lobbying group, has compiled existing state laws into what they are calling a residents' bill of rights to show city officials that enough laws already exist to protect residents.
The group has proposed that the bill of rights be adopted by the city as an ordinance and mandate that it be included in all new and renewing lease agreements, and that it be posted in all leasing offices.
Implementing a mandatory inspection program penalizes everybody for the misdeeds of a few, said Dana Murrah, association president and property manager for Colonial Properties Trust, which owns about 1,000 apartment units throughout the valley.
"We fully support that if somebody isn't maintaining their property, isn't taking care of health and safety issues, they should be fined," she said. "But we don't believe mandatory inspections or additional fees should be imposed."
The association's bill of rights highlights a handful of state laws, such as the landlord must maintain the dwelling unit in a habitable condition, the landlord must supply essential services, the landlord shall only enter a unit given proper notice. The bill of rights specifies what a security deposit can and cannot be used for, the right to self-help and that a landlord may not retaliate against the tenant. A series of phone numbers are also provided to agencies such as Metropolitan Police and Clark County Legal Services.
The city is undoubtedly trying to protect those residents who live at properties where landlords and property owners flaunt city codes, and an ordinance requiring posting of a bill of rights will most likely get as far as the new law requiring landlords to keep dwelling units in a habitable condition.
The other potential snag in the well-meaning and thought-out bill of rights is that many of these residents are illegal immigrants who are afraid of contacting authorities and who feel they have nowhere to turn when a landlord does retaliate. And rents are going up everywhere, giving landlords extra leverage.
While Murrah acknowledged that those could be potential hurdles, she said mandatory inspections are not the way to go.
Even at rundown properties, there are bound to be a couple in good repair, she said. With the caveat that city workers would only inspect 10 percent of all units, it opens the possibility that inspectors could be steered to acceptable units. That in turn, could leave city workers with a false impression of what really is a problem property.
But ultimately, it's the invasion of privacy that apartment residents would have to endure if the city put its plan into place that troubles property owners, they say. (The association firmly believes that if the city of Las Vegas enacts a mandatory inspection program, the valley's other entities will follow suit.)
"The privacy of our residents is something the industry takes very seriously," Murrah said. "Ultimately, the burden created by the program will be carried by the residents who pay for inspections in the form of increased rents and have their lives disrupted by city inspectors."
Clearly the answer to many is not mandatory inspections. But it is also clear that a residents' bill of rights will most likely do nothing to help those who need it most.
Jennifer Shubinski covers real estate and development for In Business Las Vegas and its sister publication, the Las Vegas Sun. She can be reached at (702) 259-8832 or by e-mail at js@lasvegassun.com.