Denton City Council gave city staffers direction to move forward with plans to create a residential rental registration program to make sure landlords are in compliance with city code and can be reached in case of an emergency.
A rental property registration is when a locality requires property owners to register their rental properties or to obtain a certificate or license to rent housing units within the city limits, Josh Ellison — the city’s neighborhood services manager — told council members as part of a presentation at the Tuesday City Council meeting.
If the program is enacted by council, property owners and companies that rent or lease single-family homes, duplexes, townhomes or apartments for 30 consecutive days or more in Denton will be required to register as a rental property, according to the Nov. 7 presentation.
The program will focus on education and compliance with the Denton Property Maintenance Code.
Ellison said it will improve housing quality standards through education for tenants and property owners and offer links to community resources and by hosting special events that relate to safety, rights and responsibilities.
The program, Ellison said, will also allow the city to collect data to use for strategic planning, improve programs and services, and provide support for the affordable housing toolkit strategies.
Several area cities, including Celina, Coppell and Little Elm, and more than 40 others have adopted rental registration programs in Texas.
Ellison said the rental registration program will give the city a list of stakeholders that includes the property manager or property owner — preferably both since landlords often don’t live in Denton.
How much it will cost to register and what the fine will be if landlords don’t register won’t be determined until staffers brings a more developed plan back to council at a later date.
“It is very difficult for [staffers] to get hold of them to let them know about violations,” Ellison said. “It is going to reduce work orders and that frustration aspect of it.”
It is also difficult to get hold of them when a safety issue occurs such as the 2021 winter freeze, Ellison said.
A majority of council members gave direction to move forward with developing the program.
City staffers estimate there are 28,625 residential rental units — 24,000 multifamily units and 4,625 single-family units — in Denton.
The city has approved 5,300 multifamily units for future development, according to the Nov. 7 presentation.
In 2014, staff implemented the rental inspection program to provide free inspections of rental units by request, Ellison said. If a violation is discovered, the city works with the landlord to get the unit up to code in a timely manner.
It offers renters an opportunity to report issues by phone, email, Engage Denton or by visiting Development Services.
In fiscal year 2022-23, Ellison said city staffers received and closed 140 cases filed under the Rental Inspection Program.
According to the Nov. 7 presentation, 34 of the violations were electrical, 29 were extermination, 17 related to cooling and 15 were roof issues.
Ellison outlined the opportunities for creating a landlord database:
- No centralized list of property contact information
- Current rental inspection program is reactive
- Landlords or property managers may not always be onsite or local
- Tenants and landlords may not be aware of rights to safe and habitable housing
- Tenants may be hesitant to complain out of fear of eviction or retaliation; and/or have language barriers or pertinent disabilities
Of course, not everyone on council understood why city staff recommended the program.
Council member Joe Holland, a former justice of the peace, said most of the issues were handled with the lease agreement and under the state’s property code.
Dani Shaw, the director of community services, did her best to explain why staff felt it was important.
“We utilize the rental inspection program to help tenants who might have issues with landlords who are not making those necessary repairs,” Shaw said. “We can require the landlord to make those necessary repairs. If they are not in compliance, we can notice them and summon them to court.”
“That already exists in the justice court,” Holland said.
“Sure if the tenant will go to court,” Shaw said.
As the Nov. 7 presentation indicated, tenants may not be aware of their rights to safe and habitable housing or may be hesitant to complain out of fear of eviction or retaliation.
“I’m afraid this is going to create a difficult triad between the city, the tenant and the landlord,” Holland said.