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Photo damage rule moves on
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The city of Madison is one step closer to requiring landlords to provide photographic proof of damages, as a city committee approved the photo ordinance Wednesday.
The photo ordinance would prevent landlords from fabricating damages to a property and deducting from a tenant’s security deposit, according to Ald. Eli Judge, District 8, who introduced the ordinance last year.
Members of the Housing Committee passed the ordinance for recommendation to the City Council after hearing testimonies from Madison landlords voicing their support or opposition to the ordinance.
Nancy Jensen, executive director of the Apartment Association, said the association is supporting the ordinance and added it is unfortunate that the housing industry has reached the point where it needs photos to verify damages.
“Photos can be taken easily. … They are a viable and very good business practice,” she said, responding to another landlord who said it would be difficult to take pictures of damage because not all damages can be seen in photographs, like scum on tile.
Committee members added two amendments to the ordinance. One would require a landlord to have a photo of individual damages the landlord accuses the tenant for in order for each to be viable.
The other amendment would require a written report from the landlord explaining reasons for withholding the tenant’s security deposit.
Judge said the ordinance would adjust the burden of proof, as there have been many cases where things were being “literally fabricated.”
In the past three weeks, Judge said, students have posted an unbelievable amount of complaints in a forum he created on Facebook where they can express their property ownership woes.
“I also received several cases of tenants who did take pictures of their unit and were charged up to $3,000 for damages that did not happen,” Judge said. “When they took the pictures to the property owner the fees were dropped in an instant.”
Ald. Brenda Konkel, District 2, said she has been working at the Tenant Resource Center since 1992, and security deposits are a top complaint since she has been there.
“I think [the photo ordinance] is a pretty elegant solution to a problem we see a lot of,” Konkel said. “I’m surprised landlords just don’t [take pictures of units] on their own.”
Requiring landlords to show proof for damage claims would also clear up the court system, Konkel said, which is filled with claims regarding false property damage.
Rebecca Anderson, a landlord for various student units, said a photo ordinance would not be necessary “if someone could get tenants to do a detailed check-in.”
Anderson said she keeps the check-in forms from previous years as extra verification for damages.
If the ordinance is approved by City Council, Anderson said, “It’s going to take our checkout procedure much longer.”
“I don’t think you’re helping tenants at all,” Anderson added.
The Housing Committee also discussed an ordinance which would require residential buildings in Madison over six stories tall and containing more than three rental units to use environmentally friendly light bulbs in common areas and dwelling units.
The committee removed the requirement for dwelling units from the ordinance and referred it to City Council, postponing a decision on requiring the special bulbs until the next Housing Committee meeting next month.
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congrats eli, another big victory
wish this policy was in place while i was a student. my roommates and i were accused or burning the carpet and none of use smoked or ever light candles!
I wish there were some way for tenants to electronically document the condition of their apartment. Many tenants have digital cameras and I could take pictures of damages at check in and include a written summary of apartment condition I think I could be much more accurate. My landlord’s check in sheet for my current apartment actually included two blanks for # of holes in wall and # of marks on wall. There was barely any room to describe the wall condition. That’s ridiculous. Most Landlords don’t communicate though email either. There should be an ordinance that requires landlords to be accessible for maintenace requests via email. There should also be a requirement for landlords to have emergency numbers. It is shameful the way that many Madison landlords treat their tenants.
Eli.. seriously, you’re doing awesome things!
most ELITE of the campus elite. I fucking love you dude.