Toledo Needs a Minimum Habitability Law

The Minimum Habitability Ordinance provides a simple, enforceable system for addressing the problem of substandard housing in Toledo. The legislation simply requires that all properties sold in Toledo need to be inspected by a private inspector to determine that they are habitable. The legislation does not require a property to meet City Code. A Minimum Habitability Checklist is used for the inspections.

Need

Unscrupulous sellers, who have not maintained their properties, prey on unsuspecting first time buyers to purchase homes which are not habitable. Usually, the buyer lacks experience; fails to get a home inspection; and invests his/her life savings in a down payment.

Current law is not working. The City does not have and will not have enough inspectors. The Housing Court process is slow and often circumvented.

Process

A private inspector conducts an inspection using a Minimum Habitability Check-list approved by the City Commissioner of Code Enforcement and Building Inspection.

If the standards are met, the buyer or seller goes to the Division of Building Inspection, pays a fee, and obtains a Certificate of Minimum Habitability (CMH).

If standards are not met, a document listing the deficiencies must be signed by all three parties. One of three actions occurs.

1. Buyer does not proceed with the sale.
2. Seller pays for the repairs and performs them before closing. Once completed, another inspection is required. When complete, a fee is paid, and a certificate is issued.
3. Buyer agrees to complete repairs and pays a fee and to obtain a Temporary Certificate which is valid for 180 days with a possible 180 day extension. The property must be re-inspected before a Certificate is issued

Private Inspector Certification

The Commissioner of Building Inspection and Code Enforcement will determine standards for private inspectors. Inspections must be done by a person from the City’s approved list. Inspectors will be charged a fee to register.

Penalty

The penalty is a third degree misdemeanor.

Exemptions

1. Estate Sale resulting in a sale to a family member.
2. Divorce when property is quit claimed to one party.
3. Unit more than 3 families.
4. New construction until subsequent transfer.
5. Sheriff sales-subsequent transfer will apply.
6. Major rehab is all proper building permits issued.
7. Transfer to person having same or similar interest in new entity.

References

The above information was received as a Microsoft Word Document on July 19, 2006 from the Greater Toledo Housing Coalition, 444 Floyd Street, Toledo, Ohio 43620, 419-242-7401. The document contained a date of July 3, 2006.