Stay Informed
Residential Rental Licensing and Inspection Program Ordinance Summary
Code Services 2000 Denison Ave. Manhattan, KS 66502 Phone: 785-587-4506 Fax: 785-587-4514 For more information see the publications listed below at the Code Services office or visit our Rental Inspection website: www.ci.manhattan.ks.us/rentalinspection
Residential Rental Property Maintenance Inspection Guide.
Rental License Application Form.
Rental Inspection Ordinance.
12 Landlord “To Do’ Check List.
A dwelling unit must also comply with the Manhattan Zoning Regulations. Approval by the Rental Inspection Program does not indicate that the dwelling unit is lawful under the zoning regulations. You should contact the Community Development Department to determine zoning compliance. Call (785) 587-2412 for more information.
Table of Contents Application of the Property Maintenance Code The following chapters of the most recently adopted and amended version of the city's property maintenance code shall also apply to the residential rental inspection program: (a) Chapter 1, administration. (b) Chapter 2, definitions.
Vacation of affected dwelling units
Definitions……………………………………………..pg. 3 License Requirement…………………………………..pg. 4 Application for License.……………………………….pg. 5 License Registration Fee...…………………………….pg. 5 License Coverage……………………………………...pg. 6 Conditions of License…………………………………pg. 6 Denial, Loss Of License……………………...………..pg. 7 Right to Appeal……...…………………………………pg. 7 Inspections and Inspection Fee…………..........….pg. 8 & 9 Inspection Standards………………………………….pg 10 Application of the Property Maintenance Code…...….pg 11 Vacation of affected dwelling units…………….……..pg 11 Non exclusive remedies………………………..……...pg 11 Stay Informed………………..………………………..pg.12 2
If a dwelling unit is rented, subleased or leased without a license, or if a license has been denied, revoked, or suspended, the building official may order the dwelling unit to be vacated immediately or pursuant to another deadline established by the building official. It shall be unlawful for any owner or agent to continue to rent, and for any person to continue to occupy, any dwelling unit that has been ordered vacated by the building official, after that owner, agent or person has been served with notice of such order. Such order shall be served in the same manner as set forth in Section 8-367 of the ordinance.
Remedies in this article not exclusive. The remedies provided in this article are not exclusive. Any remedy sought pursuant to this article shall be in addition to, and do not supersede or preempt other remedies available to the city, including but not limited to vacation of a dwelling unit, condemnation, or criminal prosecution for the violation of the substantive provision of a city code or ordinance.
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Inspection Standards For each inspection conducted pursuant to sec. 8-369 of the adopted ordinance, the dwelling shall meet the following requirements. You may also see the code booklet titled Residential Rental Property Maintenance Inspection Guidelines at the code office or on our website www.manhattan.ks.us/rentalinspection. (a) Chapter 3, general requirements, of the most recently adopted and amended version of the city's property maintenance code, excluding Sections 301.3, 302.3, 302.6, 302.7, 302.9, 304.2, 304.8, 304.9, 304.11, 304.17 and 305.6; and (b) Chapter 4, light, ventilation and occupancy limitations, of the most recently adopted and amended version of the city's property maintenance code, excluding Sections 404.1 and 404.7; and (c) Chapter 5, plumbing facilities and fixture requirements, of the most recently adopted and amended version of the city's property maintenance code, excluding Section 503.1; and (d) Chapter 6, mechanical and electrical requirements of the most recently adopted and amended version of the city's property maintenance code; and (e) Chapter 7, fire safety requirements of the most recently adopted and amended version of the city's property maintenance code; and (f) The dwelling unit cannot be considered unfit for human occupancy, unsafe or unlawful, as such terms are defined in Chapter 1 of the most recently adopted version of the city's property maintenance code; and (g) Each dwelling unit or building shall have portable fire extinguisher(s), 2A10BC, placed and maintained as required by NFPA Standard 10, version of 2007. (h) The dwelling unit shall comply with the occupancy limitations set forth in the most recently adopted and amended version of the city's zoning regulations. 10
This booklet is intended to be an overview of the Rental Inspection Ordinance and is not a substitute for complete review of the ordinance. To review the entire ordinance visit the Code Services office or our website at www.ci.mahattan.ks.us/rentalinspection.
Definitions Agent: person, designated by an owner of a dwelling unit, on a form provided by the building official, who is to achieve and maintain compliance. Dwelling Unit: single residential unit providing complete, independent living facilities for one family. (rooming house, congregate residence, dormitory and fraternity/sorority.) Family: individual or two or more persons related by blood, marriage or adoption, or foster care established by governmental action. Also a group of not more than four persons, some of whom are not related. Owner: person (s) or entity in possession of lawful title to a property. Owner-Occupied Dwelling: primary place of residence for an owner, or owners, of the property. Federally Assisted Housing: Housing assisted by HUD under any of the following HUD programs: (1) public housing; (2) housing receiving project-based or tenant based assistance under Sec. 8 of the U.S. Housing Act of 1937; (3) housing that is assisted under section 202 of the Housing Act of 1959; (4) housing that is assisted under section 811 of the National Affordable Housing Act; (5) housing financed by a loan or mortgage insured under section 221 (d) (3) of the National Housing Act; (6) housing insured, assisted or held by HUD or by a state or local agency under section 236 of the National Housing Act; or (7) housing assisted by the Rural Development Administration under section 514 or 515 of the Housing Act of 1949. HUD: The U.S. Department of Housing and Urban Development. Rent: to rent, lease or sublease a dwelling unit to another person; or to advertise or offer such. 3
License Requirement The property owner or designated agent are required to register and obtain a license for each dwelling unit before it is rented to another person. Applications for license and other publications may be obtained by calling or stopping by Code Services at 2000 Denison Ave., Manhattan, Ks. 785-587-4506 or by visiting our website at www.ci.manhattan.ks.us/rentalinspection. No person shall rent a dwelling unit to another person unless the dwelling unit has a valid, current license. Each day that a person rents a dwelling unit to another person in violation of this section of the ordinance shall be considered a separate offense. The owner or designated agent of any existing rental dwelling has until October 1st, 2010 to submit the completed Rental License Application with a registration fee of $20 per unit. Units built after October 1st, 2010 must be registered prior to renting the dwelling. Any person failing to obtain a license or failing to pay the registration fee within 30 days after it is required shall pay double the fee for the unit. Persons failing to renew a license within 30 days following the expiration of the license shall pay the registration fee to renew. See page 5 for registration and renewal information. The following do not need a license: (a) Owner-occupied dwelling units.
Inspections and Inspection Fee (Continued) If violations are found after a routine inspection, the building official will allow at least 30 days from the date of the notice for the violations to be corrected. If the building official believes that the violation poses an immediate threat to the health and safety of an occupant, he/she may require the violation be corrected earlier than the 30 days. There is a fee of $65 per dwelling unit for the Routine Inspection. The building official shall assess the inspection fee when the building official provides notice to the owner or designated agent of the routine inspection. The building official will allow at least 30 days for the payment of the inspection fee. If the inspection fee is not paid by the deadline established, then the fee will be doubled. Units in federally assisted housing, or in IRS Code section 42 Low Income Housing Tax Credit properties will not be inspected if the owner or designated agent submits with the application form required in sec 8-363 a copy of the most recent inspection report that was required to maintain participation in the applicable program. Nothing in this ordinance shall limit or affect the city’s ability to inspect a licensed dwelling unit for any other lawful purpose
(b) State-licensed hotel, motel, nursing homes, bed and breakfasts, board and care homes, and hospitals.
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Application for License Inspections and Inspection Fee The owner or designated agent of a dwelling unit shall allow such dwelling unit to be inspected by the building official or his/her designee, prior to or in connection with the issuance of or renewal of a license (“Routine Inspection”); or at anytime the building inspector has reasonable grounds to believe the dwelling unit is not in compliance with the provisions of this article. Inspection fees for the Routine Inspection are $65 per dwelling unit. Routine Inspections are subject to the following: No Routine Inspections are required prior to January 1, 2011. A newly constructed unit may not be Routinely Inspected until 5 years after the date its Certificate of Occupancy is issued. If, following a Routine Inspection, the dwelling unit has no violations and the inspection fee is paid by the deadline, the dwelling unit may not be routinely inspected for 5 years from the date of the routine inspection. If, following a Routine Inspection, the dwelling unit has violations that are corrected within the time frame established and the inspection fee is paid by the deadline, the dwelling unit may not be routinely inspected for 3 years from the date of the Routine Inspection. If, following the Routine Inspection, the dwelling unit has violations that are NOT corrected within the time frame established by the Building Official and/or the inspection fee has not been paid by its deadline , the next routine inspection for the dwelling unit will occur during the next licensing year. A rental license will not be issued until any violations are corrected and applicable fees are paid. 8
The owner or designated agent for the rental dwelling unit shall turn in the completed application and appropriate fee to Code Services, 2000 Denison Ave, Manhattan Ks. 66502 . Applications can be picked up at the Code Services office or found on our website at www.ci.manhattan.ks.us/rentalinspection .
License Registration Fee First time licenses will have a registration fee due of $20 per dwelling unit. Registration fees will not be re applied if the license is consecutively renewed on time by the same owner. The registration fee shall apply if a license in not consecutively renewed and is subsequently licensed again. Registration renewals are due annually by October 1st. Any person failing to obtain a license or failing to pay registration fees within 30 days after said license is required, shall pay double the registration fee for the dwelling unit. Any person failing to renew a license for a dwelling unit that is required to be licensed within 30 days following the licenses expiration which is September 30th annually, shall pay the registration fee to renew the license. * A license issued pursuant to this article is non-transferable. A new license application and registration fee is required for each change of ownership of a licensed rental dwelling unit. The fees listed in this section do not apply to a dwelling unit in federally assisted housing or in IRS Code Section 42, Low Income Housing Tax Credit properties. 5
License Coverage
Denial, Revocation, Suspension of License
Each dwelling unit within a structure must be licensed separately but a consolidated application may be used if the owner/designated agent information is the same for each unit listed on the application. All licenses expire annually on September 30th. Licenses are non transferable so a new license application and registration fee of $20 per dwelling unit shall be required for each change of ownership for the property.
The building official may deny, revoke or suspend a license for any of the following:  Failure to submit a complete application and/or license fee
Conditions of License
The denial, revocation or suspension will not become effective until the owner or designated agent of the unit has been served with the notice. Service can be accomplished by personal service, service by restricted mail or service by regular mail if restricted mail has been refused by the addressee. In any suspension of the license, the building official may place such conditions on the suspension as he/she deems advisable, including the continuation of the rental of the unit under the stated provisions. Any conditions of the suspension will be explained in the notice.
The owner or designated agent for the property, shall allow the building official or his/her designee to enter and inspect the dwelling unit as authorized by this ordinance. The owner or designated agent will take all necessary actions to obtain access to the unit for inspection including giving required notice to the tenants and making repairs as required by inspection. The dwelling unit must comply with the programs inspection standards as adopted. (see page 10) It is unlawful for anyone in possession of a licensed unit to commit any act which will cause the dwelling to fail to comply with the inspection. The owner or designated agent must conspicuously post within the unit a copy of the Educational Poster and Rental License provided by the city. It shall be unlawful for any person, including tenants, to remove, deface or destroy the documents after they are posted. The owner or designated agent shall pay the inspection fee if required.
 Fraud, misrepresentation or false statement in an application  Failure of a dwelling unit to comply with the conditions of licensure
Right to Appeal Any owner or agent whose application for license is denied or revoked/suspended, may request and will be granted a hearing on the matter before the housing appeals board provided that he/she file with the building official a written petition requesting such a hearing and containing a statement on the grounds therefore not more than 15 days after the notice was served. There shall be no filing fee for this appeal. In addition, any owner or agent may appeal to the housing appeals boards for a variance from the obligation to comply with the inspection standards. When such variance is requested, the owner or designated agent shall submit a filing fee of $40 to the building official with written application available at the code office or found on our website, www.ci.manhattan.ks.us/rentalinspection .
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