Why go after a rabbit with an elephant gun?

2009-02-06 / Front Page

By John Temple Ligon Temple@TheColumbiaStar.com Story and Photos by John Temple Ligon temple@thecolumbiastar.com

Henry Dargan McMaster Henry Dargan McMaster Columbia City Council and the Code Enforcement Task Force (CETF) face another round of challenges to their rental license concept at the regular council meeting, Wednesday, March 4. If the council meeting on January 28 holds any harbinger, dozens of residential landlords are expected to return for another round of protest.

This time, though, the proposed rental license will have experienced some due diligence and some tweaking for a better fit with the landlords.

At issue is the need to keep an available property agent, either an owner or the owner's designee, answerable to municipal charges of negligence or worse. As an unoccupied residential rental property is left by its absentee landlord to desuetude, disease, and maybe even destruction, city officials can take years to locate the property owner or at least an official agent of the owner. Meanwhile, the blight hurts adjacent properties and even whole neighborhoods. Quality of life falls, property values follow, and property taxes fall off a cliff.

Jahman Olufem Olulenu Jahman Olufem Olulenu The vocal landlords at city council were countered, but not matched, by neighborhood association representatives, who for the most part favored the license requirement.

The current system is not working, and the CETF sees the city's existing bureaucracy for business licenses working rather well. Why, the CETF asks, can't the residential landlord register for a business license like other businesses? As it is, a residential landlord with five or more properties already has to register for a business license. There will be no need for a new bloated bureaucracy to track down irresponsible landlords. The licensing authorities can follow through under existing methods and powers.

Columbia landlords, however, fear a future of unintended consequences should the rental licenses become required. One fear shared by the landlords was intrusion. Would the city business license inspectors barge into private homes for inspections? Would the landlord's tax returns be examined to confirm reported property income?

All the landlords present at City Hall appeared to be local business people who worked and lived in Columbia, where they maintained and rented their properties for a return. Their unified question: Why come after us with requirements for a business license? Make an exception for the absentee landlords, the ones not at the meeting because they are too far away. The absentee landlord might need to be required to get a business license and an appointed agent for local representation before the city, but the local landlords shouldn't be bundled with the absentee types.

Laine Ligon Laine Ligon Citizen and residential landlord Henry Dargan McMaster, appearing as himself and not as the South Carolina Attorney General, warned council about unintended consequences, suggesting there were enough municipal hoops to go through already.

Jahman Olufem Olulenu, owner of the Mercedes shop on Rosewood, wondered why simple code enforcement was not enough already to handle the problems. He said he already paid plenty of taxes, and he couldn't understand why he should pay another $11, the cost of a rental business license. Also, intrusiveness was a big issue with Olulenu. Where you going next? He asked. Bedrooms?

Laura Nicholson Laura Nicholson Residential Realtor Laine Ligon, also a landlord, complained the new rental license was just making a complicated matter even more complicated. He wondered if the city really needed an elephant gun to kill a rabbit.

Mayor Coble called the licensing concept an excellent effort to make neighborhoods more livable.

Laura Nicholson professed she and her management company already do a good job because they want to do a good job. Her firm manages 500 properties, and they pay plenty enough taxes, she said.

John G. McMaster offered he already kept a constant and keen eye on his properties. The problems he has suffered with the city's water billing procedures tell him what lies ahead with the business license requirement.

Dr. Albert Reed of Greenview shared his fears of more unnecessary red tape. The new business license requirement will hurt Mom & Pop, Reed said.

Lyman Munson, a vice president of the Hyatt Park Association, said he lived next door to a house owned by an absentee landlord, and the place is always a wreck. In the council chambers on the third floor of City Hall, Munson observed, were the good guys. The bad guys didn't show up. Problem people are unlikely to get a registered agent without a city requirement.

John G. McMaster John G. McMaster Home Shop Realty Company President Whit Suber said he recently sold $30 million in residential real estate to parents of college students. If the parents were aware of such a business license scheme as proposed at city council, Suber's sales might have been far less.

Don Weaver, Realtor and tax fighter, was afraid the camel was getting its nose under the tent.

Frank Barco, owner of property at the corner of Greene and Harden, complained about the "absentee" landlords who own the shop front next to Garibaldi's, empty for 20 years. Judging from the condition of the property, Barco said, the landlords could live in California instead of where they really do live, Wales Garden. In other words, there are enough problems with landlords right here in town.

Dr. Albert Reed Dr. Albert Reed The discussion about the rental license resumes Wednesday, March 4, at 9 am in City Hall, corner of Laurel and Main.

Lyman Munson Lyman Munson Whit Suber Whit Suber

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