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Updated: 10/14/2022
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GOAL: PROTECT RENTERS' HEALTH AND SAFETY
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POLICYACTION NEEDEDDESCRIPTIONWHY?LEGAL STATUSENFORCED?MORE BACKGROUND
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ENFORCE THESE EXISTING LAWS:
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Existing Law
Cite Code Violations and Give Civil Fines to Landlords that Don't Fix Them ENFORCE EXISTING LAWThe City has the power to identify issues, request landlords to fix them, and if they are not fixed in 30 days, fine landlords $250 a week for every code violation until it is fixed. The fines are civil fines (not requiring the approval of a judge) and become a first priority foreclosable lien on the property. Wilmington's City Code requires landlords to maintain their units according to a uniform set of standards that support renters' health and safety. Consistent code enforcement sends the message to owners that routine maintenance is an expected cost of doing business. Knowing that their will be penalties for non-compliance can motivate some owners to make repairs. Existing law: Chapter 34 Housing Code Sec. 34-37. - Violations and penalties generally (d) and (e)Enforcement is uneven.
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Existing Law
City Can Cite Code Violations and Give Criminal Fines for Non-ComplianceENFORCE EXISTING LAWThe City has the power to identify issues, request landlords to fix them, and if they are not fixed in 30 days, fine individuals up to $1,000 and corporations up to $5,000. The fines become a first priority foreclosable lien on the property. The court can order issues to be addressed by a specific date and, if not corrected, apply fines of $50 a day until fixes are completed. Chapter 4 - BUILDINGS AND BUILDING REGULATIONS
SUBCHAPTER 2. - BUILDING CODE
Sec. 4-27. - Amendments.
INTERNATIONAL BUILDING CODE 2018
CHAPTER 1 ADMINISTRATION
SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT
Section 114.4.1 Violations and penalties.
Enforcement is uneven.
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Existing Law
Require Code Compliance as a Condition for Rental LicenseENFORCE EXISTING LAWThe City has the power to refuse to give a rental license to the owner of a property with code violations. Chapter 5 - BUSINESSES
ARTICLE II. - BUSINESS LICENSES Chapter 5 - BUSINESSES
ARTICLE II. - BUSINESS LICENSES
Sec. 5-37. - Compliance with code requirements; provisional business license.

Not Enforced
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Existing Law
Clean Building Exteriors and Vacant Lots and Lien OwnersENFORCE EXISTING LAWNot enforced.
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Existing Law
Fix Exterior Code Violations and Lien OwnersENFORCE EXISTING LAWEnforcement is uneven.
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Existing Law
Enforce Rental Property Registration ProgramENFORCE EXISTING LAWCity law requires owners of residential rental properties to get a rental property license. Rental property licensing is the foundation for effective oversight of rental housing. A complete database of licensed rentals, with contact information of owners, would give the city a vital tool to ensure code compliance, protect the health, safety and welfare of residents, and prevent deterioration of the housing stock through proactive inspection and enforcement of City ordinances.Existing law: Business Licenses Sec. 5-92. - Rental dwelling units. Enforcement is uneven.About 1/2 of Wilmington's approximately 17,000 rental units are licensed. The rest operate without a license without any consequences. The City could use existing databases (property tax, water, etc) to identify unregistered landlords and use existing options for imposing fines to get them to register.
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Existing Law
Inspect Properties Applying for First-Time Rental Property LicenseENFORCE EXISTING LAWThe City has the power to, whenever the owner of a property applies the first time to rent a property, even if that property has been rented before, conduct an inspection by the Dept. of L&I.Requiring inspections as a part of initial licensing provides a baseline level of oversight for rental properties. It is a good opportunity to establish communication betExisting law: Sec. 5-92. - Rental dwelling units. Section d. Not enforced.The L&I Dept. has 18 Code Inspection Officers and 1 Vacant Property Inspector. In its FY2023 budget, L&I planned to do just 500 inspections.
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Existing Law
Regularly Inspect All Rental PropertiesENFORCE EXISTING LAWThe City has the power to inspect rental properties every two years. Provide exemptions for properties with consistent records of meeting health and safety standards. With about 17,000 rental units and a Code Enforcement staff that includes 18 home inspectors, this equals about 925 rental units per code inspector. Regular inspections provide consistent oversight of rental properties and help protect tenants from landlords that might evict or other penalize tenants from reporting code violations. Oppportunities to reduce the demand on L&I's capacity include: providing an option for landlords to submit an inspection by another agency, such as WHA, to fulfill the inspection requirement.Existing law: Sec. 34-45. - Inspections of rented or leased dwellings or buildings for residential occupancyVery little enforcement."The City averaged 200 rental inspections per year in 2017, according to the Mayor’s office, but performed close to 2,000 in 2019. Inspections are “down significantly” in 2020 because of the coronavirus."
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Existing Law
Require Buyers Who Purchase Homes in the City of Wilmington as Rentals to Get a Rental License at the Point of SaleCREATE NEW ORDINANCERequire owners of residential rental properties to get a rental property license.Rental property licensing is the foundation for effective oversight of rental housing. A complete database of licensed rentals, with contact information of owners, would give the city a vital tool to ensure code compliance, protect the health, safety and welfare of residents, and prevent deterioration of the housing stock through proactive inspection and enforcement of City ordinances. New law.Landlords in Wilmington who avoid getting a rental license could be violating other standards, housing codes related to protecting the health and safety of renters.
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Existing Law
Require Corporate Owner Information for Rental LicenseENFORCE EXISTING LAWRental property license requires listing officers of LLC's and other corporations. Existing law: Sec. 5-92. - Rental dwelling units. Section e. (4). Not enforced.Wilmington's current application form for a Rental Property License does not include space for this information to be collected, even though it is required by City Code.
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