CC Minutes - 04/20/09 Public Hearing

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John VanLandingham , North Grand Street, Eugene, stated he had been co-chair of the advisory committee dealing with the subject of mold. As an advocate for low-income tenants for the past 30 years, he said that mold was a concern for tenants statewide. He said the committee recommendation was the right way to approach mold; it did not add mold to the list of violations under the housing code, but instead identified the presence of significant visible mold as a symptom of something that was already a violation of the housing code such as plumbing or a leak in the building envelope. He said experts consulted by the committee stated that in every case where there were significant mold deposits it was the result of a leak and not tenant behavior. Councilor Zelenka thanked Mr. VanLandingham for co-chairing the committee and other committee members for their service. He called for comments from councilors. Councilor Brown said he attended an advisory committee meeting and found the presentation from a microbiologist who studied mold to be very informative, specifically that molds caused by tenant behavior were not the ones that caused health problems. He said molds that caused health problems required the level of moisture that occurred from a long-standing water intrusion. He felt the proposed ordinance language did not present an onerous burden for landlords. Councilor Solomon asked how a determination of “significant visible mold” was made. Mr. VanLanding- ham said the ordinance did not provide a definition beyond that term; that was the standard used in several other cities and states. He said the City’s inspectors would be trained to identify significant visible mold and investigate the source. Councilor Brown asked if City inspectors would test mold to determine the varieties that were present and determine whether any were harmful. Mr. VanLandingham said consultants who were experts had indicated that current testing procedures were not reliable and the committee’s recommendation did not require testing. Councilor Clark felt the term “significant” was vague, particularly when it could result in considerable expense to a landlord. He would prefer more clarity of definition in the ordinance. He asked how the committee’s recommendations added protection that was not already available through the state and whether there was a state measurement of significant mold. Mr. VanLandingham said mold was not mentioned in state statute, but landlords were required to maintain rental units free of significant plumbing leaks and building envelope leaks. He said Legal Aid lawyers regarded the statute as sufficient because it addressed the causes of mold. Councilor Clark asked if the committee’s recommendation was unanimous. Mr. VanLandingham said the decision was unanimous. He said the committee also agreed that it was not feasible to provide a specific definition of “significant visible mold” as other cities’ housing programs operated without one and trained City staff would be able to identify it when they saw it and initiate an investigation of the source. Councilor Ortiz asked for clarification of a budget message that the rental housing program was being moved from the General Fund. City Manager Jon Ruiz replied that the General Fund was paying a portion of the support costs for the program and that would no longer be the case. Councilor Ortiz asked if the current fees would be able to support the program. Program manager Rachelle Nicholas replied that the current fees would support the program and continue to generate excess revenue that would be retained within the program. She said the program would be moved from the General Fund MINUTES—Eugene City Council April 20, 2009 Page 2 Public Hearing