Thursday, February 2, 2012

Older Housing and Regulation



One of Owosso's defining features are the unique older homes that make up its neighbor-hoods. In many cases, these historic homes grace our streets and provide a wide range of housing opportunities, from restored Victorian single-family homes to affordable multi-family rentals. Unfortunately, a few of the older houses in our community have not been well-maintained, and these homes have become eyesores in the neighborhood and endanger the health and safety of their occupants. The challenge to the City of Owosso is how to prevent houses and apartments from becoming blighted. In doing so, local government must work with private property owners and establish an effective partnership with the housing industry (real estate agents, contractors, investors and financers) who of course are the engines for the rehabilitation and maintenance of housing in our community. A year and a half ago, the City Council held a special session to discuss housing (see summary here).

Aging Housing Stock. About three-quarters of the housing units in Owosso are more than 50 years old, which makes Owosso's housing stock much more like urban areas in Michigan than the rural areas and subdivisions surrounding the City (52% of the houses in Shiawassee County were built since 1960, while only 28% of Owosso's housing is less than 5o years old). Older homes go through changes as owners make repairs and upgrades, repaint, and remodel; sometimes they convert owner-occupied single-family homes to one or more rental units , or vice-versa. The role of buildings change as they age. However, older housing if not maintained begins to decay, and if electrical or plumbing systems fail, or if roof and windows begin to leak, the integrity of the structure can be compromised and the home can become dangerous or uninhabitable. Sadly, in recent years several homes in Owosso have become so dilapidated that they had to be demolished, a cost born by taxpayers and/or property owners.

Property Values. With care and attention, Owosso's older homes become historic points of pride; with uninterrupted time and neglect they become a blight on our neighborhoods. Because of Owosso's traditional town design of homes sitting forward on small lots along narrow streets, it is hard to ignore a residential structure at either extreme of condition. A recently renovated, or even painted, house can make a neighborhood look better and inspire property owners to make similar upgrades. Alternatively, a decaying house creates an atmosphere of decline that can make other homes look sad and may deter a homeowner from making new investments.

The property value of any particular home reflects, in part, the quality of homes surrounding it. Thus, many existing homeowners seek both formal and informal opportunities to urge neighbors to maintain their properties. City-administered building codes, nuisance laws, and zoning rules are among the ways that the community seeks to maintain housing quality. With the majority of homes owner-occupied in Owosso, it should be no surprise a very large majority of people in a recent survey feel that the City should take a strong position on enforcing regulations which seek to maintain the the housing stock.


Weak Housing Market contributes to our housing problems. The financial crisis of 2008-09 devastated the housing market locally and nationally, and we continue to see the results of that collapse of home prices: slow sales, a high number of foreclosures, a cautious mortgage market, and thus difficulties for those wishing to sell or buy homes. In Owosso, the collapse of the housing market is immediately apparent in three ways:
  1. Decreased property values resulting in a decline in tax revenues for the City (see this earlier blog post for a description of that problem);
  2. An increase in demand for rental properties, as people with less income and/or financing challenges are not able to buy;
  3. Decaying older homes as foreclosed or for-sale homes sit vacant and time and neglect takes it toll.
The best remedy for these housing challenges would be an economic recovery and a stronger housing market. However, without such a recovery (and predictions that sustained and strong growth is several years away), the City must take action in an attempt to preserve Owosso's housing stock and ensure that neighborhoods maintain some stability.

Two Regulatory Efforts. Over the last two years, the City of Owosso has taken several steps to seek to maintain housing quality. First has been an effort to inspect rental homes to ensure they meet health and safety standards. This protects the occupants from living in homes that lack a furnace, that have electrical or other fire hazards, or where there are not two effective ways to exit an apartment (these and other code violations have all been discovered--and corrected--through inspections). Code enforcement also helps maintain the appearance and quality of homes for the benefit of the neighborhood and the long-term viability of our housing stock.

The second, more recent effort, is an attempt to deal with the many vacant, foreclosed, and sometimes abandoned houses in Owosso. A proposed ordinance, modeled on one in place in more than 50 cities in Michigan and elsewhere, would require that any foreclosed property that becomes vacant, or any home vacant for more than 180 days, be registered with the City. This enables that City to know who the owner of record is on a property, something that can be difficult when a house is foreclosed and changes hands several times between banks, investors, and homeowners. This allows the City to more effectively enforce ordinances that require lawns to be mowed and trash and other nuisances removed, as well as contact an owner when a home has been vandalized or may present a hazard to the neighborhood (on one bank-owned home the fence around a pool with water had fallen down). It is important to note that this registration, which carries with a $100 annual fee, is not imposed on homeowners who are in foreclosure, but on the institution or investor that comes into ownership of vacant property.

The proposed ordinance would also require that some form of home inspection take place before a vacant, foreclosed property is re-occupied. After sitting vacant as the foreclosure process plays out (an owner typically has six months to redeem a foreclosed home), many of these homes have suffered from the elements, decay which may result in mold, or vandalism of wiring, appliances, or plumbing. The inspection requirement helps a potential buyer know what they are getting into, and deters unscrupulous (or uninformed) speculators from buying, and then reselling, substandard property.

Working with the Private Sector. Some in the real estate industry have criticized the City for pursuing these modest regulatory approaches. They rightly point out that the private market very effectively provides a wide range of housing for residents of diverse incomes, family size, and residential need. They also point out that most real estate agents, investors and contractors live in our community and have a self-interest in improving the quality of our neighborhoods. However, the City has an important role to play in ensuring that all those in the housing industry interact fairly and not take advantage of the situation of depressed home prices and financially stressed residents. Housing is a capital good, and economic theory says there are two ways to make money off capital: 1) invest in it so that it produces income over time either through rents or future resale; or 2) exploit the the resource by taking income for a short period until the capital (i.e. the real estate) is run down. The existing residents of Owosso have a legitimate role in trying to push the housing market more to the former rather than the latter.

Keys to Success. The City of Owosso seeks to establish a partnership with the local housing industry to ensure that the housing available to our residents is safe, and to protect and promote the character of our neighborhoods. There are three keys to establishing such a successful partnership:
  1. Clear rules so that everyone involved with housing--owners and sellers, landlords and tenants, and investors, real estate agents, and contractors--knows what to expect when doing business in Owosso. This also helps avoids anyone being taken by surprise or from any party taking advantage of another.
  2. Professional Staff to be knowledgeable and available to work with all segments of the real estate industry and housing consumers. Recently, the City has hired a full-time building official to enforce housing codes (among other duties) and serve as resource person. He joins a professional planner and an experienced housing program staff. Finally, the City has used community policing grant funds to augment its public safety staff who also works to ensure that housing is safe and resident behavior legal.
  3. Partnership depends on helping the private sector best serve the public good. Regulatory tools are the most easy for most local governments to reach for, but Owosso has been cautious in enacting ordinances, careful in applying them, and always open to feedback from residents and the real estate industry in how best to apply them. The other tools available to government are financial, and the City has received some State funds to operate programs to assist homeowners rehabilitate their homes and investors develop downtown housing. Hopefully, we can look for other useful tools to help rebuild Owosso.
The residents of Owosso have strongly voiced their concern about maintaining the quality of housing in our community and making our neighborhoods safe and desirable places to live. To achieve this objective, we rely on the private housing market. The City has a responsibility to prevent the worst abuses and excesses in the housing market. It also has a role in working with those members of the housing industry that share the goals of the community in making Owosso a great place to live for all its residents.

2 comments:

  1. THANKS FOR THIS INFO.

    I don't understand the REAL-ESTATE game with being a professional disc jockey for many years, I know music and most of them laws. :P

    As for these properties in question...Is the "DEED" not registered with anyone "LEGALLY"?

    Once foreclosed upon does not the "DEED" of that FORECLOSURE HOME need to be legally updated as to who legally owns it at that point?

    BANKS/MORTGAGE COMPANIES that have received tons of $$$ bailouts by U.S. TAXPAYER FUNDS are by far the ones who outright own these so, can't you just charge "THEM" to keep up what they own, keep up their properties to all city codes until "THEY" sell to a "PURCHASER", etc?

    Instead on penalizing the NEW OWNERS with even more FEES?

    Hope what I wrote makes sense to you. :)

    Because in all honesty shouldn't home or business ownership be regulated and overseen like how AUTOMOBILES are charged?

    Personal Property, etc...

    Respectfully,

    THOMAS A. OCHODNICKY, JR.
    "DJ TAO of TAOTRONX"
    317 S. ELM ST., APT. - 412
    OWOSSO, MI. 48867

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    Replies
    1. I am not a real estate expert either, but I think you are correct in your statements about the owners of foreclosed properties being banks. The purpose of the registration portion of the ordinance is to identify these banks, other financial institutions that hold mortgages, and perhaps investor property owners who buy up foreclosed homes. The ordinance also requires the identification of a local (within 40 miles) agent who the City can contact if there is a problem with property. Already several banks have contacted the City to list properties.

      There is some question if the $100/year registration fee will be paid by the owner of the mortgage and deed or if it will be passed on to a new buyer. It will not, however, be levied against anyone who has lost their home due to a foreclosure.

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