New Energy Efficiency Ordinance for Rental Property

New Energy Efficiency Ordinance for Rental Property

Real Estate Investor · Memphis, TN · Member since 2008 · 86 posts · 1 vote

At my local REIA meeting yesterday, I learned about a City of Memphis, TN proposed ordinance that has me concerned and I want to know if other cities out their have a similar ordinance.

Essentially this ordinance requires rental property to be as energy efficient as its neighborhood profile for similar sized property. For example, if a neighborhood of 1,000 SQFT SFH homes have an average utility bill of $200 a month, and my tenant calls the utility company to complain about a $400 utility bill. This ordinance may require me to repair the property.

This ordinance is not finalized and the amount of the fine, how big of a variance from the neighborhood profile, or the standard operating procedure on how to determine if the issue is a building or tenant issue has not been establish.

This ordinance is coming out because we have some slum lords who have property which have utility consumption that should be for homes twice the size of the property.

If anyone knows of a city with a similar ordinance please share. My local REIA as well as the Apartment Associations are trying to address this ordinance before it gets put into law. My REIA members believe a tenant should have a safe place to live and to have a utility bill that is fair for the size of home, however we are concern if this ordinance is written too vaguely, it will become costly to the members and as a tool for tenants to abuse the system.

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  • Loveland, CO · Member since 2008 · 1k+ posts · 123 votes
    17y

    I can't speak to your concerns about an ordinance but I can tell you what I have done in the past. I spent my working career (outside of REI) in DIRECT SALES. In that field if you don't sell you don't eat, if you don't sell at a HIGH ENOUGH price you don't eat well. I know this sounds off point but I'm getting there.

    When I lived in Houston I had probably the most energy efficient houses in my neighborhoods. I had jacked up the insulation to about 24" (90% plus of HEAT GAIN is through the roof), I had SOLAR SCREENS on all south and west facing windows, all of my windows and doors were well caulked to prevent air leaks, all of my units had electronic/automatic set-back thermostats, whenever I replaced a roof I went with a ridge vent to improve air flow through the attic. In TX storm doors and windows are a waste so I didn't do those, not sure in your area.

    In short I could SELL the value of leasing my property versus a competing one based on the lower utility bills the tenant would have. I would tell the prospective tenant BEFORE I SHOWED THE PROPERTY OR TOLD HIM THE MONTHLY RENT, what I had done to keep his utilities low. This also pointed out what a concientious landlord I was and that my place was well maintained in other facets as well.

    IOW, if your place is well maintained and you know it and can document it don't worry about the law. In fact if your REIA is spending money lobbying against the law, and you already exceed the requirments I'd consider dropping out of the association.

    Frank

  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    17y

    I have a very different take on this issue for two reasons.

    1) Many tenants (at least in Ohio) have their utilities paid by one or more government agencies. THEY DON'T CARE WHAT THE UTILITY BILLS ARE and I will frequently drive by these places rentals during the middle of the winter when the temperature is BELOW ZERO and see windows open! Many low income tenants are simply idiots and to fine or otherwise penalize the landlord for what the idiots do is simply RIDICULOUS!

    Furthermore, when the landlord is required to install more insulation or do other things, who is going to pay the bill? The answer is that the tenants will pay the bill through higher rents. Most of these tenants can't afford higher rent and the end result will be more socialism by our benevolent government in the form of more rent subsidies - ALL FOR A PROBLEM THAT DOESN'T EXIST.

    2) Where will this all end? First, the government will require more insulation. Next, maybe they'll require more expensive energy efficient furnaces and water heaters. Then, maybe solar panels on the roof. How far will this be allowed to go?

    What I want is the government TO STAY THE HEL* OUT OF MY BUSINESS!

    Alex, I would strongly suggest that your REIA and landlord association fight this thing in every way possible. Landlords (and others that are successful) are under attack by government. If we don't fight these idiots at every turn, soon we will all be out of business!

    Our local REIA has had great success fighting our city. Be proactive! Be AGGRESSIVE! FIGHT FOR YOUR RIGHTS!

    Mike

  • Real Estate Investor · OH · Member since 2008 · 1k+ posts · 86 votes
    17y

    I'd land contract every one of my rentals if I had to deal with this issue.

  • Real Estate Investor · Memphis, TN · Member since 2008 · 86 posts · 1 vote
    17y

    Tom,

    Can you go into further details as to what you mean by "land contract" if you had to deal with the issue.

    Thanks,
    -Alex

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