New code could come to rescue of ignored tenants

BY BRIAN WARGO

Wednesday, June 7, 2006 | 8:34 a.m.

Extension cords and hit-or-miss hot showers have been a way of life for Artist Ferrin and her three children.

The Henderson woman said she has been unsuccessful in trying to get her landlord to fix electrical outlets, two broken showers, leaking sinks and a broken window since she moved into the Atlantic City apartment complex on Haren Drive in October.

In the hope of prodding the landlord to fix the problems, Ferrin began withholding some of her $650 a month rent. Instead, that led to an eviction notice with her owing back rent and fees totaling $1,700.

Housing advocates say tougher laws to protect tenants could help avoid such confrontations. Ferrin's landlord said he, too, welcomes stiffer laws to protect him from unscrupulous tenants.

Both sides may get their wish if Henderson moves ahead with a proposed new code that would allow renters to file complaints against landlords if a home is not well maintained.

The proposal would allow city code enforcement officers to inspect the dwelling and issue citations with fines starting at $100 if the landlord does not correct problems.

Housing advocates applaud the measure but say it is long overdue in Henderson, where about 30 percent of residents rent, according to the 2000 Census.

"That would be a fabulous move by Henderson," said Donna Liebman, a housing specialist for Nevada Legal Services. "If the landlord refuses to fix something now, there isn't much you can do about it."

The proposed code, to be considered by the Henderson City Council on June 20, mirrors regulations in Las Vegas and North Las Vegas. The ordinance also would enable residents to file a complaint against neighbors who do not maintain their home or business.

"We just haven't had the need for it before," said Dan Parrott, a Henderson senior code enforcement offi cer. "There is a need because the apartments and homes are getting older, and the older they get, the more maintenance that's required."

The ordinance was spurred displeasure about apartments, homes and commercial buildings deteriorating in their neighborhoods. With Henderson having no codes that require a property owner to fix a roof or paint a deteriorating building, little could be done in those situations.

"We can demolish a home now if it is unsafe, but we needed something to fill that void in between to stop the deterioration," said Greg Blackburn, Henderson's manager of inspection services. "This will help us maintain some neighborhoods that are deteriorating."

Ferrin said she wished Henderson had such an ordinance when she encountered problems with her apartment immediately after moving into the complex. When electrical outlets did not work in her bedroom, she began using a 50-foot electrical cord leading from the bathroom. An extension cord also is needed in her children's room, she said.

A shower in one bathroom has no shower head or faucet, and the shower in the second bathroom has a broken knob that might yield a cold shower one day and a hot one the next, she said.

"This is ridiculous to live this way," Ferrin said. "There was nothing we could do about it but sit here and fight with them."

Ferrin's landlord, John Burns, a supervisor for Apartments in Henderson, which has nine apartment complexes in the city, said tenants "invent" problems after not paying rent and facing eviction.

"This is the first I am hearing of any problems," Burns said. "You never hear about it until they get a five-day notice of eviction. It's used as an excuse all of the time. We certainly don't want to run a slum. There are a lot of freeloaders who don't want to pay rent."

Burns said he favors Henderson's proposed ordinance because it will help expose tenants who cite purported problems to cover for nonpayment of rent and other faults of their own. If a tenant does not file a complaint with the city until he is about to be evicted, the measure would give him less credence with a judge, Burns said.

Liebman said Ferrin's complaint Monday was one of the five to six that she typically receives weekly from both Henderson and North Las Vegas. Another 40 to 50 complaints a week come from Clark County and Las Vegas.

Even though a new ordinance would help tenants in Henderson, Liebman stressed that it would not be a panacea. In other cities with similar ordinances, the measures do not guarantee that code enforcement staff will respond to complaints or, even if they do, that the maintenance problems will be fixed.

"It doesn't always have the benefit that people imagine," said David Olshan, a managing attorney for the Nevada Fair Housing Center.

"Sometimes it is a twoedged sword. If they fix it, they can increase the rent and pass the cost on to the tenant. If they don't fix it, the building can be condemned and people have to leave. It takes off the market affordable housing stock that nobody should have to live in, but sometimes you have to."

Many older tenants or those with disabilities are particularly reluctant to point out problems with their rental units, said Jim Vilt, a managing attorney for Nevada Legal Services. Tenants on month-to-month leases also worry about filing complaints, he said.

Calls to Nevada Legal Services increase during hot weather when tenants complain about broken air-conditioning systems, Liebman said.

Landlords already are required by state law, however, to fix such essential systems within 48 hours after a tenant complains in writing.

Brian Wargo can be reached at 259-4011 or at wargo@ lasvegassun.com.