Item 5: Ordinance on Rental Housing Code

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ATTACHMENT C Planning & Development Building & Permit Services City of Eugene th 99 West 10 Avenue Eugene, Oregon 97401 (541) 682-5086 (541) 682-6806 FAX www.eugene-or.gov M EMORANDUM Date: May 19, 2008 To: Mayor Piercy and City Council From: Rachelle Nicholas, 682-5495 Code Enforcement Supervisor Subject: City Attorney Opinion Regarding City Liability in the Area of Additional Code Language Staff received a question about the potential for City liability as a result of including regulation of mold in the City's rental housing code. After conferring with the City Attorney's Office, staff is able to provide the following response. The proposal does not make significant changes to existing liability risks. The proposed regulation of mold also does not have the City assuming an affirmative obligation to protect renters against mold, which could expose the Cit to risks for failing to reasonably undertake the y obligation. Instead, the regulation has the City responding to complaints and directing remedies for identified problems. (For example, the City is not certifying rental units to be free from mold, but are responding to complaints about mold and then requiring landlords to remedy any identified problems.) In general, City employees in the rental housing program have an obligation to perform their duties without exposing others to foreseeable harm that could give rise to a negligence claim. The new regulation of mold does not necessarily increase the City's liability as compared to any existing potential negligence claims that arise from the City's inspection of other rental housing complaints. To the extent the proposal adds a new avenue for complaints against rental housing units; the proposal does add the potential for liability in that the City will need to pursue such complaints without doing so negligently. But this is generally the same sort of liability the City risks with any new regulation it undertakes. Other cities including City of Portland and City of Gresham have code language in their rental housing ordinance to address visible mold. Please contact me @682-5495 or via e-mail rachelle.d.nicholas@ci.eugene.or.us if you have questions or need additional information.