A public hearing is set for 6:30 p.m. Aug. 12 in the city commission chambers at the City Administrative Center, 301 N. Eighth St.

Kentner said the department averages about 12 substandard inspections a month under the city's current complaint-based inspection program -- of those, about half are determined to be justified complaints under city standards.

According to the city, a tenant may request an inspection of a residential rental property if he or she feels the property is currently or may become a threat to an individual's safety or health.

In an effort to address the situation, as well as educate landlords and tenants on their rights under the Residential Landlord and Tenant Act, Kentner and city staff are recommending an education program for one to two years for tenants and landlords.

The recommendation comes over three additional options the commission could consider: adopt a rental inspection program that includes inspection of all rental property every three years; adopt a program that includes inspection of rental properties at change of tenant; and no change, which is recommended by city staff during the one to two year period of an education program.

According to the survey, 34 landlords would approve of an educational program for both landlord and tenant. Sixty of 72 landlords would prefer a complaint-only program, and 64 of 72 landlords stated it's the owner's responsibility to manage personal and real property.

The cost of any of the options still remains up in the air, Kentner said, adding the additional workload created by a possible landlord registration and educational program could require another part-time clerk/secretarial position. The option of a formal rental inspection program being managed by both community development and Garden City Fire Department has been discussed.

During the education program, Kentner and his staff would monitor the number of complaints to see if there was a decrease. If not, the city could revisit the issue in one to two years.

Earning a living

Jerry Chappel, owner of JC Rentals, has been with his rental business since 1996 and in the past five or so years, the number of people renting had been on the lower side.

The rental business was "depressing" for a period of time, Chappel said, but this year's looking up. "2008's been very good," he said, adding he doesn't know where all of the renters are coming from -- Tyson workers, maybe -- to help fill many of the 204 rental units he owns.

Rental complaints happen, he said, "but I've never had a call against me." There are good landlords and bad landlords, just as there are good and bad tenants, he said. If a landlord doesn't take care of the complaint, then "they have a legitimate complaint," Chappel said of the tenants.

But, Chappel said, the city's "inspections aren't going to help us at all" if the city decides to implement a rental inspection program. Chappel feels there should be a way for tenants to complain, but he'd like to see the city stick with its current process of inspecting rentals on a complaint-by-complaint basis.

Chappel sees a rental inspection program only complicating things. With as good as the rental business has been recently, Chappel said he and other landlords can't afford to wait on the city to inspect a rental if the city were to inspect rental properties every time they become vacant. That would eliminate being able to rent properties to tenants looking for a place to move into immediately.

Waiting on the city would cost money and time, he said. Another issue would be that the city could have to hire additional staff, increase money budgeted for salaries and supply additional city vehicles to staff doing the inspections, he said, meaning a possible increase in the city's mill levy, which is slated for a 3-mill increase in 2009. Costs would come down through property taxes on Chappel and other landlords, he said, which, in turn, could end up increasing tenants' rent.

Chappel said he feels tenants should be protected, but, at the same time, he doesn't think Garden City has a huge problem of "slumlords," or landlords he defines as not addressing complaints, doing repairs or ensuring a safe living environment for their tenants.

"We like to invest in our community," Chappel said, adding that when the community does well, they do well.

Letting the tenant decide

While Chappel is middle of the line on the city needing an inspection program, Steve Burgess, with Garden Spot Rentals, doesn't feel one is needed period.

When potential renters step into Burgess' office, they're handed a key to go inspect the property themselves.

"The decision is 100 percent theirs," he said of whether they find the property up to par. The tenant is an adult who's capable of deciding where they want to live, he said, and where they feel is fit for them to live. Which means Burgess doesn't see a need for the city stepping in to inspect rentals. Burgess rents based on the need, saying his phone doesn't stopping ringing after 5 p.m. and on weekends.

"They're out of business at 5 p.m.," Burgess said of the city, adding he can't stand to lose money in the time it takes an inspector to get to his properties if the city starts an inspection program. "We make our living with full properties."

Burgess had a turnover of about 12 tenants at the end of June -- multiply that by the 168 landlords the city knows have rental properties, Burgess said, and more than 2,000 would be the number of properties available that city employees could have to inspect, assuming all landlords have that amount of turnover.

Burgess has been in business 25 years, saying he doesn't need the city telling him how to do his job and care for tenants. A packet that Burgess and his staff give to tenants sat on his desk Friday. The packet includes a checklist for tenants of what to look for in a property before they move in. There's also a list of charges for damage and missing items for tenants to look at.

"We think this is a pretty good system," he said of the checklist. "We don't need the city of Garden City messing with us."

For more information regarding a rental inspection program, contact Kentner at 276-1170 or kkentner@garden-city.org.