Legislation and Government Affairs Updates
Investors know that legislation and government are key components to growing your real estate business. It is for this reason that REIAGC works daily to bring information on key issues that may affect you. The information on this page is for education only and is not to be construed as legal advice.
Media inquiries: media@cincinnatireia.com
May 6, 2024
Legislative Update:
There has been a flurry of activity on housing legislation in the last few weeks. At this point, it is unclear if any of this legislation will become law given the productivity level of the House and Senate this session, but OREIA continues to monitor and stay engaged on all legislation impactful to our members.
Report of the Senate Select Committee on Housing: The committee released its report as well as a slew of proposed legislation together on April 16th. Some of the bills were specific and some were more general overlays that need deeper investigation to see what is really involved. The Committee is expected to begin holding hearings on its proposed legislation in the coming weeks.
Below are a few of the current housing bills in the works:
SB 243- Zoning Reform: The Senate Housing Committee has announced its intention to address zoning reform, but the specifics have not yet been made public. OREIA will continue to monitor and advise the Committee on this important topic.
SB 245- Revise Housing Laws: This is comprehensive legislation covering a number of the Senate Housing Committee’s recommendations, including requiring identification of a natural person with authority to make binding decisions on property conveyances, establishing a publicly funded indigent eviction defense fund and making changes to eviction proceedings (nonbinding mediation, sealing of court records, among others), requiring written agreements for real estate brokers (HB 466), and efforts to streamline code enforcement certification. This bill is expected to get hearings in the Senate Housing Committee beginning in the next few weeks.
SB 192 -Wholesaling: There have been no new hearings on this issue. Our legislative team is working hard to remove the licensure requirements and simplify the required disclosures to make sure all parties are aware of and agreeable to the full process of a wholesale transaction. OREIA is working closely with the Ohio Association of Realtors and the bill’s sponsors to address concerns and pass legislation that stops bad actors, while protecting wholesaling consumers and investors.
Anti-Squatters Bills: There are several bills pending that seek to address the issue of squatters on properties. Language OREIA is watching is the balance between unrelated squatters and holdover residents in the eviction process.
HB212 (SB226)- Restrict Foreign Purchasing: Aimed to restrict foreign individuals and entities from purchasing real property in Ohio within 25 miles of critical infrastructure and U.S. armed forces’ jurisdiction. Concern over the growing amount of farmland lost to Chinese related businesses and entities.
HB100-Prohibit Restriction of The Blue Line Flag: OREIA had previously provided proponent testimony on this bill when it was in the House, noting that OREIA members are committed to protecting tenants and creating a comfortable living environment, while having a vested interest in protecting our property investments as well. HB 100 is now pending in the Senate and we expect hearings to continue in that chamber in the coming weeks.
HB50-Certificate of Qualification for Housing: This bill establishes a Certificate of Qualification for Housing for individuals with criminal records. This certificate is intended to help these individuals obtain housing, but the bill does not mandate acceptance of the housing applicant and allows housing providers to consider potential residents with a certificate on a case-by-case basis. OREIA previously testified in support of the bill in both the House and Senate. This bill is scheduled for a possible vote as early as the week of May 6th.
HB466-Written Agreements for Real Estate Transactions: This bill requires written agreements for a licensed broker to represent a buyer or seller in a real estate transaction. The bill was reported unanimously out of committee on April 30th with no opposition. The bill now awaits House Floor action.
HB 438- Buyer Identity Protection: This recently introduced legislation intends to reduce discrimination by keeping the buyer’s name and address secret until a contract is signed.
HB499- Supply Side Housing: This recently introduced bill aims to incentivize municipalities to adopt favorable policies to increase housing supply by offering funds to local governments when certain housing reforms are implemented. However, in order to generate the revenue needed to fund the bill, it would raise taxes on real estate investors by eliminating the 10% non-business tax credit on rental housing! On top of that, those funds could be used for a list of options that include counterintuitive policies that frequently deter development.
HB511-Tenants Rights: This recently introduced legislation would establish a tenant bill of rights in Ohio that is mirrored off the U.S. military’s tenant bill of rights for service members.
April 13, 2021
Proposed City of Cincinnati eviction ordinances:
Download resources and background
Center for Housing Economics: Evictions
Unsigned ordinance: Eviction affirmation defense
Unsigned ordinance: Pay to stay
April 13, 2021
Cincinnati City Council Contact information
Vice Mayor- Christopher Smitherman christopher.smitherman@cincinnati-oh.gov 513-352-3464
President Pro Tem- Chris Seelbach chris.seelbach@cincinnati-oh.gov 513-352-5210
Steve Goodin steve.goodin@cincinnati-oh.gov 513-352-5243
Greg Landsman greg.landsman@cincinnati-oh.gov 513-352-5232
Jan Michele Lemon Kearney jan-michele.kearney@cincinnati-oh.gov 513-352-5243
David Mann david.mann@cincinnati-oh.gov 513-352-4610
Betsy Sundermann betsy.sundermann@cincinnati-oh.gov 513-352-3640
Wendell Young wendell.young@cincinnati-oh.gov 513-352-3466
Liz Keating liz.keating@cincinnati-oh.gov 513-352-5280
New Legislation Will Benefit Private Firm,
Won’t Really Help Tenants
Cincinnati Council member PG Sittenfeld’s proposal to mandate an insurance product instead of a security deposits was intended to help people who don’t have cash for a deposit. However, in the end, it will simply send business to a private company selling an untested product. And most importantly, the tenants who need the most help likely won’t get it. What’s needed is a pilot program to see whether this approach works or not.
“The legislation was inspired by a housing policy plan proposed by Rhino, a tech startup tackling the housing affordability crisis.”
This quote is from Rhino’s public relations firm announcing Sittenfeld’s proposal. It’s pretty clear that the “tech firm” has had a hand in creating this new mandate. Property owners will be required to offer insurance that meets these criteria:
- It must have a monthly payment option. Of 4 insurers we found who offer some sort of lower-cost insurance or bond for rental deposits, only 2, including Rhino, offered this option.
- It must guarantee to settle any damage claims with the property owner within 48 hours. Of the 4 insurer websites we reviewed, only 1—Rhino—assures this service.
- The proposed ordinance requires that property owners designate insurance providers for tenants. The ability to shop for the best rates and services will not be left up to the tenants.
- Rhino is apparently one of only four companies that meet the full requirements of the law it’s likely they will benefit the most from legislation.
Does the City of Cincinnati want a tech startup dictating housing policy?
The New Law Won’t Help Tenants, Could Expose Them to Legal Action
Rhino and other companies won’t automatically approve tenants for insurance, they require credit cards, credit checks, and other requirements that the tenants who struggle the most with housing simply don’t have.
- Tenants MUST have a credit or debit card. Many lower income tenants do not have credit cards or bank accounts.
- The premium payments do not end at the end of the first year.
- Tenants must pay it for the length of their tenancy.
- A tenant who stays in the same house for 5 years—ideal, from the perspective of stability—could end up paying most of a normal deposit without getting their money back.
- If AT ANY TIME, tenants don’t pay the monthly premium, Rhino sends the full deposit, in cash, to the landlord, then “goes after the tenant” for the deposit. A tenant could pay for 23 months, stop, and Rhino will sue them, resulting in harm to their credit.
And here's the real kicker--even with the premiums paid fully up to date, tenants are still on the hook for the full deposit, should a claim be made!
Rhino representatives have confirmed that when a claim is made, it's paid to the landlord, and then the tenants are billed for the claim.
If they can't pay the full amount, they're offered a payment plan (apparently with attendant fees and interest), and if they don't make the payment, they're sent to collections, further damaging their credit, adding even more cost to the "deposit", and undoubtedly causing additional stress, both financial and emotional.
In other words, many tenants will end up worse off, by every measure, with the insurance than without it--and you'll be forced to market it to them if this law passes.
Let’s Find Out if Insurance Really Works Before We Require It
Property owners and managers are willing to try this product out to see if it works for them and for their customers. But why force a tech company’s untested product on people who are struggling to find housing in our community. The answer is to allow more housing and encourage new ideas, not force people to buy something from an out-of-state tech company.
Update: This ordinance was discussed at a Cincinnati City Council meeting on Tuesday, December 2nd 2019. Here is a summary of that meeting, from president Scott Ellsworth:
- Of more than 20 speakers, only 2 were in favor of the legislation; one was a tenant who mistakenly believed that deposit insurance covers the losses of the TENANT for damages. It does not; the tenant is still on the hook for all damages paid by the insurance company
2 speakers from a tenant organization spoke out against the legislation, saying that the problem wasn’t deposits, it was that we need rent control and limits on rent increases
REIA had a good turnout, and members clearly made the point that this legislation is unnecessary, and that the product is not beneficial to most tenants.
- A representative from Rhino confirmed in a private conversation after the meeting that tenants with the insurance are pursued for damages when Rhino pays claims to landlords
PG Sittenfeld, who introduced the legislation, stated that “something” needed to be passed in order to eliminate deposits as a barrier to entry to rental properties, and asked for alternative solutions to be emailed to him by Monday.
Sittenfeld also commented on a tweet that he believed to be from Cincinnati REIA that he felt was inflammatory; this tweet did not originate from us or our account—REIAgc was “tagged” in the tweet in question along with several other organizations.
A second hearing will be held in 2 weeks, on Tuesday, December 17th. (note: this meeting was cancelled)
Our position is that we have shown that the legislation is both unnecessary and mandates that local property owners push a product on behalf of a private company that isn’t beneficial for many of the renter/customers that we serve, and that is unproven in its ability to “protect “ us.
Further, no one has shown, or even attempted to show, through any data that actual lack of deposit is a significant barrier to entry to rentals in Cincinnati—a shortage of sheer numbers of units of affordable housing is the most pressing issue. Therefore, our stance is that there is no proven problem here that needs solving, and that it is NOT necessary that “something” be passed—the best solution is to simply abandon this legislation in favor of a larger, more comprehensive plan that includes local housing providers in an effort to remove barriers to creating and providing affordable housing
However, we need your help in the following ways:
We will be meeting with city council members this week to make our suggestions known to them; we need members who own properties in the city who can attend these meetings along with a leader who is fully versed in all the issues
- We need as many members as possible to attend the next committee meeting on December 17th
- We need your stories: what’s your experience in terms of applicants for whom a full rental deposit IS a barrier? Do you see many? When you do, how do you work out the issue? What other suggestions do you have for the committee?
If you can help in any of these areas, please email 2020 president Felicia Bell at feliciabell95@yahoo.com. We appreciate you!
Following the December 2nd meeting, P.G. Sittenfeld invited members of REIAGC and the Greater Cincinnati Apartment Association to to a private meeting to discuss housing provider concerns. The following summary was provided by Felicia Bell:
Overall, we were prepared that this legislation would be pushed forward. The intent of the meeting was for P.G. Sittenfeld to understand what we could live with regarding this legislation. As it stands, the legislation is moving forward with an exemption for landlords with an exemption for landlords with less than ~30 units. Also, we proposed that the ordinance would only apply if the landlords were charging more than one months rent , then the landlord would have to provide an option.
The idea was discussed that perhaps housing providers might be allowed to offer any one of 3 alternative options to cash security deposits:
1) Installment plans for payment
3) Bonds offered by private companies for payment
4) The Security Deposit Loan product
Based on this the apartment association along with Scott and myself conveyed repeatedly that this law is not good and its not necessary. But P.G. still believes there is a problem based on the 12 renters that he has spoken with over the course of the month.
Despite providing numerous examples of "this is not a universal problem", we walked out unsuccessful in conveying this message.
Key Takeaways
1) the true benefactors of this legislation will be the YUPPIES (Young Urban Professionals) looking to rent expensive properties in downtown Cincinnati;
2) We have to have a massive push to get the data (demographics of our membership). It will be crucial to the leverage and the voice that we have in these decisions.
3) City Council does not have data either. So it will be a lot less challenging in we have some data versus their NO data.
4) We have to have a stated position and the relationships in City Hall to get the respect and call to action we will need moving forward.
5) We have to get clear on our mission and strategy to address these scenarios in the future.
The next hearing on this issue is unscheduled as of this writing; we will contact members when we know when we know when it is. Again, if you can help with city council contacts, visits, press contacts, or simply being present at council meetings where these issues are discussed, please contact FeliciaBell95@Yahoo.com
OREIA Legislative Updates - Click HERE
July 2016: Sexual Orientation May Be Added to Ohio's Protected Classes. Read more HERE.
Smoke Detectors
PHOTO ELECTRIC SMOKE DETECTORS
Following the tragic death of 2 students in a smoldering house fire in Clifton on New Years Day 2013, The City of Cincinnati has passed, legislation requiring that all rental properties have photoelectric smoke alarms installed outside the structure’s sleeping quarters.
In addition rental property owners are now required to inspect the required photoelectric smoke alarms annually and when executing a new lease agreements, and report their findings to the Cincinnati Fire Department. City of Cincinnati Ordinance Number 45-2013.
WHY PHOTO ELECTRIC
SMOKE DETECTORS?
Not all smoke detectors are equal. There are two technologies – ionization and photo-electric. Typically over 90% of smoke detectors are ionization type.
- Ionization detectors are good at detecting fast flaming fires (they are also prone to false alarm from gases emitted during normal cooking).
- Photo Electric Detectors are better at detecting slow burning and smouldering fires (these kill more people through the effects of smoke inhalation).
WHAT DO LANDLORDS
NEED TO DO?
This only applies to City of Cincinnati at this time, but we expect that other municipalities will follow. Install a photo electric smoke detector outside of each bedroom in the building. If the bedrooms are close together only one PE Smoke Detector is required, if bedrooms are on different floors or the bedroom doors are not close to each other, additional photo electric smoke detectors are required outside each group of contiguous bedrooms.
WHAT ELSE DO LANDLORDS
NEED TO DO?
This Inspection Form is being provided for documentation of the required inspection and shall be posted in the building’s boiler room or furnace room at all times. Cincinnati Fire Inspectors will check the records when inspecting your property.
HOW LONG DO I HAVE
TO COMPLY?
Legislation passed on 2/27/13 – the clock is ticking
- 12 Units or Fewer: 6 months to install Photo Electric Smoke Detectors be in compliance by 8/26/2013
- 13 Units or More: 24 Months to install Photo Electric Smoke Detectors, but need to install at each turnover or lease renewal Be in compliance by 2/26/2015
WHAT AND WHERE
CAN I BUY?
- Dual Technology Detectors that combine Photo Electric and Ionization Technology are NOT acceptable and should be avoided.
- Battery operated Photo Electric Smoke Detectors are acceptable in all applications and cost between $10 and $15.
- Available at all home improvement stores
- Greater Cincinnati REIA and the Greater Cincinnati Northern Kentucky Apartment association have a deal with Home Depot to purchase the Photo Electic Smoke Detector under $10, more details to come.
Useful Links
FURTHER INFORMATION REQUIRED?
If you require further information or have any specific questions, please email:
Aidan Stringfellow – aidan@homesolutions4all.com
GCREIA Photo Electric Smoke Detector Project Coordinator