Industry UPDATE NAVIGATING LEGISLATIVE AND LOCAL ORDINANCE CHANGES: WHAT YOU NEED TO KNOW BY CARRIE SMITH
HB 2127: Texas Regulatory Consistency Act House Bill 2127, known as the “Texas Regulatory Consistency Act,” was a significant legislative milestone that aimed to establish uniformity in regulatory provisions across the state. This transformative law explicitly restricts municipalities and counties from enacting or enforcing ordinances that are at odds with state laws. Notably, it includes a provision that affects eviction regulations, preventing local authorities from extending the eviction process beyond the guidelines set by the state. Therefore, an ordinance adding seven days to the eviction process has been void and unenforceable as of September 1, 2023. In a case brought by the city of Houston challenging the statute, a district judge declared HB 2127 unconstitutional, but its enforcement remains active in cities that were not enjoined in the lawsuit (including the city of Austin.) The Texas Attorney General’s Office immediately appealed the recent ruling defending HB 2127. To read more in-depth and to keep up with the latest, visit austinaptassoc.com/news.
MF Composting Ordinance Changes Effective on October 1, 2024, the Austin City Code (Chapter 15-6) underwent amendments affecting all properties with five or more dwelling units. These amendments mandate that such properties must ensure that residents and employees have access to composting services that include the collection of food scraps (including meat, bones, and
dairy), food soiled paper, and products certified by the Biodegradable Products Institute (BPI) as compostable. Furthermore, existing education requirements mandated by city ordinance will remain unchanged, except that “recycling information” will be replaced with “landfill diversion” information. Complementary revisions to Austin Resource Recovery’s Administrative Rules (Chapters 8 and 11) will introduce Capacity Performance Standards. These standards will necessitate that Responsible Parties guarantee that on-site composting services are sufficient to accommodate the regular accumulation of organic materials while preventing overflowing containers. Specifically, a minimum of one gallon of composting capacity per dwelling unit per week will be required. Additionally, the rules will stipulate that a minimum of one recycling container, and where applicable, an organics diversion container or other collection point, must be located within 25 feet of all landfill trash containers. AAA has extended an invitation to Austin city staff to serve as the primary speaker for an upcoming webinar focused on the MF Composting Ordinance. This will be an opportunity to ask questions and give feedback! Stay tuned for updates on this event!
City Budget Allocations Impacting Multifamily Communities The City of Austin adopted a substantial $5.5 billion budget, featuring several provisions that directly impact multifamily residents and property owners. These provisions include: • Multifamily CAP Program: In fiscal year 2020-21, Austin Water introduced the Multifamily CAP program. This initiative benefits low-income customers who lack dedicated water meters but still pay for monthly water and wastewater services. It provides a $17 monthly credit on their Austin Energy utility bills, represented as the Austin Water Multifamily CAP Program Discount. • Tenant Stabilization Funds: An allocation of $1.6
Read about AAA’s current advocacy issues at www.austinaptassoc.com/news/advocacy-in-action
12 / W I N D O W O N R E N T A L H O U S I N G
shutterstock
T
he Austin Apartment Association (AAA) is currently navigating a landscape characterized by a series of legislative and policy shifts, which carry implications for the multifamily housing sector in Austin and the surrounding areas. From preemption legislation to mandatory composting, budget allocations, and the evolving Repeat Offender Program (ROP), let’s dive deeper into these recent developments that directly impact AAA and its members.
