San Antonio City Council unanimously approved a new program Thursday that will fine landlords who allow unsafe living conditions at their apartment complexes.
The Proactive Apartment Inspections Program will charge so-called “bad actor” property owners $100 per apartment per year on the property if the complex receives too many city citations for unsafe living conditions. The properties will be subject to monthly, proactive inspections by city staff and will be listed on the city’s website.
“If you are going to operate a business in [San Antonio] to house families, we expect you to treat those families with dignity and respect, and it’s about time that we have a policy in place that helps us to hold those accountable who fail to meet those standards,” said Mayor Ron Nirenberg, who pushed for similar reforms in 2014 as a council member.
The residents tasked with crafting the program, including landlords and renters, had several “arguments and debates” since they began work last year, said Amin Tohmaz deputy director of the city’s Development Services Department. “At the end of the day, [we] reached a good consensus.”
Representatives from the San Antonio Apartment Association and affordable housing advocacy groups both celebrated the new program — applause and cheers filled council chambers — but some activists had concerns that landlords would just increase rent to cover the additional fines, allowing them to stay on the list indefinitely.
“If we see landlords sitting in this program for years, the city must be willing to take measures beyond code enforcement,” said Keisha Brown, a renter and member of the progressive group Texas Organizing Project. “We need homes, not real estate.”
The city’s Development Services Department estimates that about 15 apartment complexes with an average of 200 units each could be enrolled in the program when it comes into effect on April 2. Those fees will generate about $300,000 to pay for the program’s staff and equipment, Tohmaz said.
Properties of five or more units that receive three eligible citations within six months must register to be placed on the city’s bad actor list. Only citations related to health, safety and habitability are considered eligible.
Property owners typically have 10 days to avoid a citation after the city gives notice of a city code violation.
“Good actors will jump on it and fix it,” Tohmaz said, but this program targets the “bad actor” landlords that let their properties and residents languish.“We want to make sure bad actors get back on track.”
To get off the “bad actor” list and avoid the extra fine, property owners must resolve all violations and go at least six months with fewer than three citations.
Those properties will then be subject to a four-year probationary period. If they reenter the program, they will be required to remain in it for a minimum of one year.
City staff estimates that four full-time staff members and equipment required for the program will cost about $388,000 in the first year and $300,000 in the years following. Two code compliance officers who were hired last year to focus on apartment inspections would be part of the new team.
If more funding is needed for the program this year, that could come out of the city’s annual mid-year budget adjustment, according to a description of the program prepared by city staff. City Council ultimately votes on budget adjustments.
At least two previous attempts to rein in substandard properties and negligent landlords have failed in San Antonio. The inspection program approved Thursday is the result of recommendations from a task force convened last year in response to resident complaints of derelict conditions at certain apartment complexes, including Seven Oaks and Wurzbach Manor in Northwest San Antonio.
Last summer, former Councilwoman Ana Sandoval (D7) paid for several Seven Oaks residents to stay in hotel rooms after their air conditioning units had been broken for weeks and months. Tenants at the complex formed a tenants union and joined forces with Texas Organizing Project to push for assistance and policy change.
The task force was comprised of renters, affordable housing advocates as well as property owners and management companies.
“We’re here today because a group of tenants came forward to fight against life-threatening conditions in their home,” said Mia Loseff, who served on the task force and is the South Texas regional director for Texas Housers, a housing policy and advocacy group.
“The city as a whole should be really proud of what this policy means for all San Antonio renters,” Loseff said, but the city should monitor how many owners appeal citations and how many complexes remain on the list for more than a year.
“In a program such as this one that was literally created to address negligence, we have to be prepared for this happening,” she said. “I’m urging the city to be decisive and definitive about the next steps and the next actions in these scenarios.”
Failing to comply with the program or address citations is a Class C misdemeanor that carries a fine of up to $500, said City Attorney Andy Segovia. And ultimately, an owner could be charged with multiple offenses and arrest warrants issued.
“Technically, we can issue Class C misdemeanors to them and continue to do that until they … register,” Tohmaz said.
Councilman Manny Pelaez (D8) was absent during the vote.
