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HomeMy WebLinkAbout17502M = M ORDINANCE NO. 17,502 AN ORDINANCE AMENDING CHAPTER 8 OF LITTLE ROCK, ARK. REV. CODE (1988), ADDING A DEFINITION OF RENTAL HOUSING UNIT; AND FOR OTHER PURPOSES. WHEREAS, City code enforcement inspectors have experienced some confusion in the interpretation of the legal responsibility of owners for code compliance in situation where the owner claims that the unit under consideration is not a rental unit but is being sold on contract to the occupant; and WHEREAS, the housing code does not currently provide for acceptance of contracts of purchase for the purpose of making a determination whether the unit is a rental dwelling unit or an owner occupied residence; and WHEREAS, the Rental Inspection Task Force has recommended that the code be amended to allow City staff to accept contracts of purchase that contain certain minimum provisions in order to distinguish between a tenancy and an owner occupied residence; and WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of the City that the code be amended to reflect this recommendation. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Chapter 8 of Little Rock, Ark. Rev. Code (1988) ( "LRC ") is hereby amended by deleting the definition of Rental housing unit as stated in LRC §8 -574. SECTION 2. LRC §8 327 is amended by adding to the list in alphabetical order the following term and its definition: Rental housing unit. A rental housing unit is defined the same way as Dwelling unit in this section. The only difference between a dwelling unit and a rental housing unit is that a rental housing unit is intended to be leased or rented to the occupant. A unit shall not be deemed a rental housing unit for purposes of this chapter if the owner of record shall provide to the City satisfactory evidence that another person in possession and control of the premises has a contractual right to purchase the unit on a date certain for a specified price and is entitled to receive a warranty deed when the purchase price is paid. 417 Satisfactory evidence shall include a valid and enforceable written contract, filed in the deed records of the Pulaski County Circuit Clerk, which should contain the following provisions: property; 1. A term for payment or escrow of taxes and assessments levied against the real 2. A term for payment of property insurance covering loss or damage to the improvements on the property; 3. A tern stating that the buyer is responsible for any and all repairs and maintenance necessary to maintain the structure and premises in compliance with this code; 4. In a lease with option to purchase arrangement, the buyer or optionee pays the seller or optionor up -front a reasonable nonrefundable option consideration at the beginning of the contract which is applied toward the purchase price in the event the option is exercised, and that a portion of the rent paid during the term of the lease is applied toward the purchase price if the option is exercised. PASSED: June 3, 1997 ATTEST: ROBBIE HANCOCK CITY CLERK APPROVED AS TO FORM: THOMAS M. CARPENTtk CITY ATTORNEY APPROVED: J DAILEY MAYOR i