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MINUTES OF THE HOUSING, PLANNING& DEVELOPMENT COMMITTEE JANUARY 30, 2023 AUDITORIUM Present: Councilmembers Bullock(Chair), Kepple & Shachner Also Present: Councilmembers Rader& Baker, Law Director Vargo, Planning Director Leininger, Clerk Bach taking minutes and Council staff Call to Order: 6:33 p.m. Approval of the minutes of the November 21, 2022 Housing, Planning & Development Committee meeting. Motion was made and seconded to approve the minutes of the November 21, 2022 Housing, Planning & Development Committee meeting. All members voted in favor. Motion passed. Minutes approved. ORDINANCE 02-2023 - AN ORDINANCE to take effect immediately provided it receives the vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, expanding rental rights within the City of Lakewood by allowing renters who tender their full rent plus any additional late fees and court costs prior to completion of eviction proceedings to avoid eviction for late payment of rent and setting reasonable late fees that a landlord may charge a tenant. (I"read& referred to HPD 1/17/23) Director Vargo provided an analysis of the relationship between the proposed ordinance and the state statues regarding landlord-tenant relationships. He explained that the Ohio statutory framework regarding landlord-tenant relationships is comprehensive and that the General Assembly makes clear that it prefers municipalities to refrain from legislating in this area and intends to preempt cities from doing so. Nevertheless, he acknowledged that the city has home rule rights to adopt measures that impact the health, safety, and welfare so long as they do not conflict with Ohio Revised Code (ORC). Mr. Vargo further explained that ORC allows for eviction in the case of a tenant's failure to pay rent and is silent on the matter of a"pay to stay"policy. Such a policy is neither explicitly permitted nor prohibited under ORC. Furthermore, leases between landlords and tenants may include any terms and provisions that do not conflict with ORC. Mr. Vargo acknowledged that the proposed ordinance could potentially be challenged in court. He declined to opine on the probabilities that a legal challenge would ultimately succeed or fail. Mr. Vargo explained that Ord. 02-2023 is essentially the same as the policy that was adopted by Council in early 2021. That policy was adopted on a temporary basis and was scheduled to sunset at the end of 2022. Before that could happen, Council took action to extend the deadline 1