Administrative Policy Committee — Columbia, SC
Date: 2023-04-25
Time: 11:00

COLUMBIA ADMINISTRATIVE POLICY COMMITTEE MEETING AGENDA
 TUESDAY, APRIL 25, 2023


The Columbia Administrative Policy Committee will conduct a meeting on Tuesday, April 25,
2023 at 1:00 p.m. at City Hall (Mayor's Conference Room), 1737 Main Street, 2nd Floor,
Columbia, South Carolina 29201. Members of the public may view the meeting online at
www.columbiasc.gov. Please contact the City Clerk’s Office at (803)545-3045 or
cityclerk@columbiasc.gov if you have questions regarding the meeting.

 The Honorable Edward H. McDowell, Jr., District II
 The Honorable Aditi Bussells, At-Large  The Honorable Peter M. Brown, District IV

Prior to entering the meeting please turn all electronic communication devices to the silent, vibrate or off
 position. All presenters are asked to speak directly into the microphone for recording purposes.

CALL TO ORDER
COMMITTEE DISCUSSION

1. Columbia Race and Equity Assessment Project Proposal - Mr. Larry Salley, Executive
 Director / Greater Columbia Community Relations Council

2. Tenant’s Bill of Rights and Responsibilities - The Honorable Edward H. McDowell, Jr.

ADJOURNMENT




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COLUMBIA ADMINISTRATIVE POLICY COMMITTEE MEETING AGENDA
 TUESDAY, APRIL 25, 2023


The Columbia Administrative Policy Committee will conduct a meeting on Tuesday, April 25,
2023 at 1:00 p.m. at City Hall (Mayor's Conference Room), 1737 Main Street, 2nd Floor,
Columbia, South Carolina 29201. Members of the public may view the meeting online at
www.columbiasc.gov. Please contact the City Clerk’s Office at (803)545-3045 or
cityclerk@columbiasc.gov if you have questions regarding the meeting.

 The Honorable Edward H. McDowell, Jr., District II
 The Honorable Aditi Bussells, At-Large  The Honorable Peter M. Brown, District IV

Prior to entering the meeting please turn all electronic communication devices to the silent, vibrate or off
 position. All presenters are asked to speak directly into the microphone for recording purposes.

CALL TO ORDER
COMMITTEE DISCUSSION

1. Columbia Race and Equity Assessment Project Proposal - Mr. Larry Salley, Executive
 Director / Greater Columbia Community Relations Council

2. Tenant’s Bill of Rights and Responsibilities - The Honorable Edward H. McDowell, Jr.

ADJOURNMENT




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MEETING DATE: April 25, 2023

DEPARTMENT: City Clerk

FROM: Erika Hammond, City Clerk

SUBJECT: Columbia Race and Equity Assessment Project Proposal - Mr.
 Larry Salley, Executive Director / Greater Columbia
 Community Relations Council
FUNDING SOURCE &
ORIGINAL BUDGET:




Updated: 4/19/2023 5:10 PM Page 1
 Packet Pg. 2
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MEETING DATE: April 25, 2023

DEPARTMENT: City Clerk

FROM: Erika Hammond, City Clerk

SUBJECT: Tenant’s Bill of Rights and Responsibilities - The Honorable
 Edward H. McDowell, Jr.
FUNDING SOURCE &
ORIGINAL BUDGET:


ATTACHMENTS:
  Proposed Tenant Bill of Rights and Responsibilities Ordinance (PDF)
  Landlord Tenant Notice (PDF)




Updated: 4/21/2023 1:03 PM Page 1
 Packet Pg. 3
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 Attachment: Proposed Tenant Bill of Rights and Responsibilities Ordinance (8428 : Tenant’s Bill of Rights and Responsibilities)
 ORDINANCE NO.: 2023-043

  Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 5,
 Buildings and Buildings Regulations, Article VIII, Rental Housing Regulations to add Section 5-
 344 Tenant’s Bill of Rights and Responsibilities

 WHEREAS, City Council finds that there is a growing demand for affordable rental units;
and

 WHEREAS, the availability of safe and affordable rental housing is an essential
component of a vital community; and

 WHEREAS, City Council finds that protecting residential tenants from unfair and illegal
rental practices is important to this vital community; and

 WHEREAS, City Council wishes to adopt a Tenant’s Bill of Rights and Responsibilities
in order to increase awareness and provide guidance to tenants regarding the availability of
community resources, therefore

 BE IT ORDAINED by the Mayor and City Council of the City of Columbia, South
Carolina this ___ day of ______________, 2023, that the 1998 Code of Ordinances of the City
of Columbia, South Carolina, Chapter 5 is hereby amended by adding Section 5-344 to Article
VIII to read as follows:


Sec. 5-344. Tenant’s Bill of Rights and Responsibilities; Notice.

(a) It shall be unlawful for a Person or Landlord to allow a Tenant to apply to rent, or in
instances where no application is required, to occupy, a Dwelling Unit under said Person’s
or Landlord’s control or authority without first providing the Tenant with a copy of the
Notice of Rights and Responsibilities as provided for herein.

(b) For existing Tenants already occupying a Dwelling Unit as of the date of enactment of
this Section, the Notice of Rights and Responsibilities shall be provided prior to the
commencement of a new rental term. For Tenants with rental terms of 30 days or less, the
Notice of Rights and Responsibilities shall be provided prior to initial commencement of the
rental term and thereafter no less than once per year. Notices are not required for short term
rentals with non-recurring rental terms of 30 days or less, as may be defined in this Code.

(c) City Council shall prescribe the contents of the Notice of Rights and Responsibilities by
resolution, but it shall generally include information on Tenants’ rights under state and local
law and contact information for organizations available to provide assistance to Tenants.

(d) There shall be a rebuttable presumption that a Person or Landlord has complied with
this Section if the Person or Landlord can provide a written, dated and signed affirmation Formatted: Font: 5 pt, No underline
from the Tenant stating that the Tenant has received the Notice of Rights and
 Formatted: Font: 5 pt

Last revised: 3/21/2023

23016305




 Packet Pg. 4
 2.a




 Attachment: Proposed Tenant Bill of Rights and Responsibilities Ordinance (8428 : Tenant’s Bill of Rights and Responsibilities)
Responsibilities. The signed affirmation shall be retained for at least one year after the
Tenant vacates the Dwelling Unit.

(e) No penalties shall be assessed for conduct violating this Section occurring prior to [insert
effective date].

(f) For a Person or Landlord’s first violation of this Section, the City of Columbia’s Code
Enforcement division shall have the discretion to provide a reasonable time period, not to
exceed 30 days, within which the Person or Landlord must correct the violation.

(g) This Section does not create any private causes of action and may only be enforced as
provided herein.

(h) For Persons or Landlords owning or managing more than 25 dwelling units, the Notice
required by this Section shall be posted in a conspicuous location within each dwelling unit
in addition to the copy provided in person.



Requested by:

Councilman McDowell ____ ________________________________
 Mayor
Approved by:

_________________________________
City Manager

Approved as to form: ATTEST:

_________________________________ ________________________________
Deputy City Attorney City Clerk

Introduced:
Final Reading:




 Formatted: Font: 5 pt, No underline
 Formatted: Font: 5 pt

Last revised: 3/21/2023

23016305




 Packet Pg. 5
 2.b

Pursuant to City of Columbia Ordinance 2023-XXX, landlords and other lessors of dwelling units
over which the South Carolina Residential Landlord and Tenant Act applies are required to
distribute this Notice to persons applying to rent or prior to occupation of such dwelling unit
located within the City of Columbia. This Notice is not intended to provide legal advice but
merely a general overview of tenant’s rights and resources.

KNOW THE LANDLORD AND TENANT ACT may be able to report it. Certain issues, such as
 lack of utilities can be reported to the City of
Although written is recommended, tenants in
 Columbia Housing Official at 803-545-4362.
SC can have either a written or oral lease
agreement. Prior to entering into a lease,




 Attachment: Landlord Tenant Notice (8428 : Tenant’s Bill of Rights and Responsibilities)
tenants should be familiar with their
 RETALIATION IS ILLEGAL
responsibilities and with their rights under the
South Carolina Residential Landlord and Tenant A landlord cannot retaliate by raising the rent,
Act, found at S.C. Code Section 27-40-10 et seq.. decreasing essential services or evicting a
 tenant based solely on a tenant’s complaint to a
 governmental agency charged with enforcing a
BE AWARE OF YOUR RIGHTS AS TENANTS building or housing code. S.C. Code Section 27-
 40-910.
Just as landlords have certain requirements and
restrictions, such as providing a safe and clear
premises, tenants have responsibilities under SC
 YOU HAVE THE RIGHT TO CHALLENGE AN
law and their lease agreements to pay rent,
 UNLAWFUL EVICTION OR ACTION
keep the unit clean and not disturb the peace.
 If your landlord is violating your lease
 agreement, you have the right to seek relief
ALL RESIDENTIAL UNITS MUST BE FIT FOR through the Courts. If you cannot afford an
HABITATION attorney, there may be local legal services
 agencies you may be able to help you. Legal
A landlord must comply with applicable building
 Assistance Telephone Intake Service at 1-803-
and housing codes materially affecting health
 744-9430.
and safety; make all repairs and do what is
reasonably necessary to put and keep the
premises in a fit and habitable condition; keep
 RESOURCES
all common areas reasonably safe; make and
keep running water and reasonable heat; LawLine – https://www.scbar.org/public/get-
maintain in reasonably good and safe working legal-help/common-legal-topics/.
order and condition all electrical, gas, plumbing,
sanitary, heating, ventilating, air conditioning U.S. Department of Housing and Urban
and other facilities and appliances that are Development –
supplied or required to be supplied by landlord. www.hud.gov/states/south_carolina/renting/te
S.C. Code Section 27-40-440. nantrights

If there is an issue with your dwelling unit for
which you are not responsible under your lease I/WE __________________________________
agreement, contact your landlord as set forth in CONFIRM THAT I/WE HAVE RECEIVED A COPY
your agreement. If your landlord does not OF THIS TENANT BILL OF RIGHTS NOTICE ON
address the issue within a reasonable time, you ____________________________ (DATE).




 Packet Pg. 6

COLUMBIA ADMINISTRATIVE POLICY COMMITTEE MEETING MINUTES
 TUESDAY, APRIL 25, 2023

CALL TO ORDER

The Columbia Administrative Policy Committee met on Tuesday, April 25, 2023 at City Hall
(Mayor’s Conference Room), Columbia, South Carolina. The Honorable Edward H. McDowell,
Jr., Chair called the meeting to order at 1:04 p.m.

Attendee Name Title Status
Edward H. McDowell Chair Present
Aditi Bussells Member Present
Peter M. Brown Member Present

COMMITTEE DISCUSSION

1. Tenant’s Bill of Rights and Responsibilities - The Honorable Edward H. McDowell, Jr. –

Councilor McDowell said the Mayor and I started this conversation after the events occurred at
the Colony Apartments. We understand that there needs to be a deep dive into issues we have not
discussed. This is not new. We need to discuss enforcement. This is about ensuring that we take
care of residents.

Mr. Logan McVey, Policy and Programs Advisor to the Mayor said the general concept is to
give tenants a document that outlines their rights. The Colony operates under project based
vouchers that are tied to the unit, not the person. The incentive is to fill the unit. Tenants fear
retaliation. Tenant based vouchers allow tenants to move. The ordinance requires a landlord to
keep the Bill of Rights on file for every tenant. If there are 25 or more tenants, the Bill of Rights
must be posted in a common area.

Ms. Dana Thye, Esq., Senior Assistant City Attorney explained that information is on the front
and the back contains resources for tenants and a signature line. The tenant would not see the
ordinance. You have to figure out what you want them to know. There could be a criminal
penalty punishable with a fine up to $500; a civil penalty; assessment of points under the rental
permit; or a combination of the three. She suggested that it be a civil penalty and that the
information focus on local government.

Concerns were raised about the potential implications of this ordinance on properties under
federal regulations along with the need to proceed cautiously and explore all aspects of
enforcement.



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 COLUMBIA ADMINISTRATIVE POLICY COMMITTEE MEETING MINUTES
 TUESDAY, APRIL 25, 2023


There was consensus of the committee to revise the ordinance to include a civil infraction and to
create an educational document that landlords must provide to tenants to ensure they are aware
of their rights and the available resources. The committee will continue with conversations about
the Tenants’ Bill of Rights and Responsibilities and pro-tenant enforcement.

2. Columbia Race and Equity Assessment Project Proposal - Mr. Larry Salley, Executive
 Director / Greater Columbia Community Relations Council

Mr. Larry Salley, Executive Director / Greater Columbia Community Relations Council said we
recognize that this is the type of thing the CRC was created to do. The data in Dr. Brady’s report
is solid. The report indicates that racial inequities exist in every community. We propose to
partner with the city of Columbia to create the Midlands Race & Equity Initiative. This project
would utilize data from the assessment to address health; income, wealth, and poverty;
education; and housing. The CRC is planning sessions on each of these subject areas with subject
matter experts between June and September 2023. We will solicit input from the community.
Once we secure an agreement, we will move quickly to assemble a team, finalize the project
design, and to refine the deliverables. The plan is to develop a comprehensive report with
findings, actionable recommendations, resources and measures for success by December 2023.
This could be a multi-year approach with a potential phase two.

There was discussion related to employment, graduation rates, families, engagement with the
business community, and defining community.

There was consensus of the committee to seek a collaboration with Richland County; clarify
definitions for the four areas of focus; and to endorse the proposed contract for City Council’s
consideration at the next City Council Meeting.

ADJOURNMENT

The meeting was adjourned at 2:27 p.m.

Respectfully submitted:



Erika D. Moore Hammond, CMC
City Clerk

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