The Huntsville Counsel of Neighborhood Associations passed a resolution calling for the Huntsville City Council to pass an ordinance that unfairly singles out the owners of rental property The ordinance would result in additional costs, inspections, delays in renting properties, additional repairs and additional improvements.

A copy of the resolution is provided below.

(The Huntsville Counsel of Neighborhood Associations is a city-affiliated association of neighborhood groups headed by James Marek, Jr.)

• Under the proposed ordinance every owner of rental property will be required to pay for an annual Huntsville City business licenses and register each rental property they own with the city. The cost of the annual licenses is unknown.

From the City of Huntsville’s website:

License fees are determined by the exact nature and type of your business. You should contact the Madison County License Department for more information. Some licenses require State Regulatory Permits in order to issue, such as auto dealers, food establishments, and air conditioning contractors.

State and Madison County business licenses are valid for a fiscal year beginning October 1, and ending September 30 of the following year. You should renew your business license between October 1st and October 31st. You may receive a renewal notice in the mail. However, renewal is your responsibility; any notification is a courtesy.

Renewals can be processed by mail. There is a $2 mail fee included.

• The proposed ordinance requires an annual inspection of all rental property at a cost of $20 per apartment and $50 per house. The cost of the inspection will be the responsibility of the owner.

In our experience city inspectors are not well trained or experienced. They tend require homeowners to repair anything they can find. These inspections can result in thousands in unneeded repairs by the homeowner. Older homes could be required to be upgraded to current building codes.

In addition to the costs of inspections and repairs a homeowner may have to wait weeks for inspections and certificates of occupancy. During this time owners are potential loss of rental income.

The Alabama Tenant Landlord law prevents entry to an occupied rental dwelling without the approval of the tenant or a posted two day notice except in the case of emergency. The logistics of coordinating the proposed annual inspections with the city inspector, tenants and homeowners is mind boggling.

It would be an enormous drain on the resources of property managers requiring additional staff and expenses. Property managers would have no option except to pass those costs to the homeowner.

• Under the proposed ordinance the city will level fines on homeowners for failure to comply with the ordinance. The fines are $300 for the first offence, $400 for the second offence and $500 for the third offence.

• Under the proposed ordinance Homeowners will be required to get a certificate of occupancy before their property can be occupied.

• Under the proposed ordinance the homeowner will be responsible for the actions of their tenants under the Nuisance Abatement Law.

• Under the proposed ordinance Homeowners will be required to have a criminal background check done on each tenant. The cost of the investigation will be the responsibility of the homeowner. The proposal is not specific on what is required in the background check. The check could require local, state and national database research. The proposal does not specify what action or inaction the homeowner must take with data from a background check or if fines would be imposed for renting a property with any sort of criminal action or misdemeanor on their record. The ordinance does not state if the homeowner could be fined for renting to a tenants with a minor traffic offence.

If this ill-conceived proposal ordinance were to be approved by the City Council, it would be a horrible blow to homeowners and property managers. I foresee a spike in foreclosures resulting in neighborhood blight and lower property values city wide.

The next Huntsville Council of Neighborhood Association meeting is scheduled for 6PM on February 21, 2012 on the 7th floor of the City Municipal Building. 308 Fountain Cir Huntsville, AL 35801

Attorney Sarah Taggart is spear-heading the fight to stop this horrid legislation. Initially Sarah indicated that Brenda Martin, with the City of Huntsville had invited concerned homeowners and property managers to attend the meeting on February 21, 2012 but then indicated that concerned homeowners and property managers “ Were no longer invited. “

This is a public meeting and should be open to the any concerned person.

A similar ordinance became law in Rainbow City, Alabama a few weeks ago and homeowners were caught completely off guard. They now face annual inspections of all rental units (among other things) effective April 1, 2012.

Sarah Taggart is hosting a meeting of concerned homeowners and property managers at The Learning Center at Oxford Townhomes at 2516 12th Street Huntsville, AL 35805 on Friday February 10, 2012 from 4:00 PM to 5:00

To register for this meeting go to;

https://events.r20.constantcontact.com/register/eventReg?llr=75azmveab&oeidk=a07e5k33819083bc1bb&oseq=a015pgr6gdyem

• Please make arrangements to attend the meeting that concerned homeowners “are no longer invited to” on 6PM on February 21, 2012 on the 7th floor of the City Municipal Building. 308 Fountain Cir Huntsville, AL 35801

• Please write, call and email government officials, realtor association officials and members of the Huntsville Counsel of Neighborhood Associations below.

• Please register for and attend the meeting of concerned homeowners and property managers at The Learning Center at Oxford Townhomes at 2516 12th Street Huntsville, AL 35805 on Friday February 10, 2012 from 4:00 PM to 5:00.

• Please forward this information to homeowners who need to be aware of the proposed ordinance.

Compilation of government officials and realtor association officials email;

contact@huntsvilleal.gov; brenda.martin@huntsvilleal.gov; Peter.Joffrion@huntsvilleal.gov; Cissy.Cates@huntsvilleal.gov; Mark.Russell@huntsvilleal.gov; pearlie.stamper@huntsvilleal.gov; richard.showers@huntsvilleal.gov; John.Olshefski@huntsvilleal.gov; gail.phillips@huntsvilleal.gov; Bill.Kling@huntsvilleal.gov; Gayann.Nelson@huntsvilleal.gov; Will.Culver@huntsvilleal.gov; Rita.League@huntsvilleal.gov; oscar@hbrmls.com;

frankr@hiwaay.net; danny@alabamarealtors.com; carl@alabamarealtors.com;

Compilation of members of the Huntsville Counsel of Neighborhood Associations email;

jjmjr@knology.net; lyle.voyles@comcast.net; sandysue@knology.net; ebrusick@att.net; pvillarrea@aol.com; opalmeek@comcast.net; baboyd@knology.net; gmbob@att.net; davbrown50@gmail.com; coachdref1@aol.com; lcm039@hotmail.com; fwca.president@yahoo.com; wblass@knology.net; bert@hgpeake.com; grwalker@knology.net; cngdsg@comcast.net; beverlyhumphrey@comcast.net; hhna35805@gmail.com; charlie.corley23@gmail.com; eself@comcast.net; ronerino@comcast.net ; mrr5055@comcast.net ; steev45@gmail.com

Jim Marek President Huntsville Counsel of Neighborhood Associations

3609 Bradley St SW

Huntsville, AL 35805-5009

256 534-1109 (Home),

256 679-3303(Cell)

jjmjr@knology.net

Thomas M. Battle, Jr., Mayor
308 Fountain Circle
8th Floor
Huntsville, Alabama 35801
256-427-5000 Tel
256-427-5257 FAX
contact@huntsvilleal.gov

Mayor Battle on Facebook
Follow the Mayor on Twitter

Brenda Martin, Director of Multicultural Affairs
308 Fountain Circle
8th Floor
Huntsville, Alabama 35801
256-883-3993 Tel
256-427-5257 FAX
brenda.martin@huntsvilleal.gov

Peter Joffrion, City Attorney
City Hall, 6th Floor
308 Fountain Circle
Huntsville, AL 35801
256-427-5026 Tel
Peter.Joffrion@huntsvilleal.gov

Cissy Cates, Deputy City Attorney
City Hall, 6th Floor
308 Fountain Circle
Huntsville, AL 35801
256-427-5026 Tel
Cissy.Cates@huntsvilleal.gov

Huntsville City Council Members

Councilman Mark Russell
(City Council President)

308 Fountain Circle
7th Floor
Huntsville, Alabama 35801
256-427-5011 Tel
256-427-5024 FAX
Mark.Russell@huntsvilleal.gov

Assistant: pearlie.stamper@huntsvilleal.gov

Councilman Showers
(City Council Pro-Temp)
308 Fountain Circle
7th Floor
Huntsville, Alabama 35801
256-427-5011 Tel
256-427-5024 FAX
richard.showers@huntsvilleal.gov

Assistant: pearlie.stamper@huntsvilleal.gov

Councilman John Olshefski
308 Fountain Circle
7th Floor
Huntsville, Alabama 35801
256-427-5011 Tel
256-427-5024 FAX
John.Olshefski@huntsvilleal.gov

Assistant: gail.phillips@huntsvilleal.gov

Councilman Bill Kling
308 Fountain Circle
7th Floor
Huntsville, Alabama 35801
256-427-5011 Tel
256-427-5024 FAX
Bill.Kling@huntsvilleal.gov

Assistant: Gayann.Nelson@huntsvilleal.gov

Councilman Will Culver
308 Fountain Circle
7th Floor
Huntsville, Alabama 35801
256-427-5011 Tel
256-427-5024 FAX
Will.Culver@huntsvilleal.gov

Assistant: Rita.League@huntsvilleal.gov

OSCAR GONZALES Huntsville Area Association of Realtors Executive

(256) 536-3334 Ext. 14

oscar@hbrmls.com

FRANK RIDDICK Huntsville Area Association of Realtors Government Affairs Director

(256) 536-3334 Ext. 25

frankr@hiwaay.net

J. Danny Cooper
Executive Vice President Alabama Association of Realtors.
(334) 262-3808
danny@alabamarealtors.com

Carl Clark
Alabama Association of Realtors Director of Governmental Affairs
carl@alabamarealtors.com

Link to HUNTSVILLE COUNCIL OF NEIGHBORHOOD ASSOCIATIONS CONTACT LIST

 http://www.huntsvilleal.gov/neighborhoodassociations/HuntsvilleNeighborhoodCivicAssociations.pdf

 Rex Reynolds, City Administrator
308 Fountain Circle
8th Floor
Huntsville, Alabama 35801
256-427-5000 Tel
256-564-8011 FAX
rex.reynolds@huntsvilleal.gov

Carol Atchley
Administrative Aide to the Office of the Mayor
256-427-5005 Tel
256-427-5257 FAX
carol.atchley@huntsvilleal.gov

Sharon King
Administrative Aide to the Office of the Mayor
256-427-5004 Tel
256-427-5257 FAX
sharon.king@huntsvilleal.gov

Ann Light
Administrative Aide to the Office of the Mayor
256-427-5009 Tel
256-564-8011 FAX
ann.light@huntsvilleal.gov

Keywords; Huntsville Al city ordinance, Huntsville Investment property, Homes for sale in Huntsville, Huntsville homes for sale - Huntsville Alabama MLS search, Automated Real Estate Search, HomeValue and Real Estate Market Updates, Huntsville Alabama area Rental Homes, Property Management.

Huntsville Area Association of Realtors response.

the ordinance to which you are referring is NOT a City Ordinance. It is a proposed resolution by the Huntsville Council of Neighborhood Associations addressing the need for an ordinance to help neighborhoods that are experiencing issues with rental properties.

The Huntsville Council of Neighborhood Associations is not sanctioned by the City of Huntsville and does NOT have authority to pass such an ordinance. The passage of an ordinance of this magnitude would require drafting of legislation, public hearings, etc.., and is not something that would happen overnight.

We have been monitoring the proposed resolution by the Huntsville Council of Neighborhood Associations and have been in discussion with them as well as with the City of Huntsville. We certainly understand the concern that property managers and real estate investors have over an ordinance of this kind, which in our opinion would be onerous and pose an economic hindrance to our industry.

We will continue to maintain a dialogue with all parties involved and make certain property managers and investors have a seat at the table. We will notify the HAAR membership if there is a need to mobilize on any proposed ordinance(s), but at this stage, there is no proposed rental ordinance in play for the City of Huntsville to even consider.