Elkhart council approves revisions to rental inspection ordinance after debate and public comment

Elkhart City Common Council on April 20 approved Ordinance 26-13, an amendment to Ordinance 6040 that updates the city's rental inspection requirements, after debate among council members and a public comment on appliance responsibility.

The change moved forward after a Health and Public Safety Committee review that returned the ordinance to the full council with a 3-0 "do pass" recommendation. Councilman Mishler reported the committee had questions for staff and sought clarity before the council vote.

Councilman Hanky said he had received staff answers by email at 3:02 p.m. the day of the meeting and expressed frustration that the council had not incorporated committee input into a revised ordinance. "I won't support this," Hanky said, describing the timing as "disappointing." Chief of staff Megan Arwin told the council that staff had answered the committee's questions but did not recommend additional changes to the ordinance as proposed.

One substantive issue discussed was how to treat buildings that have been gutted and rebuilt: whether a project that strips a structure down to studs and replaces major systems should be treated the same as new construction for the purposes of the seven-year inspection cycle. Megan Arwin said the administration would treat such full gut rehabilitations similarly to new construction and apply the seven-year interval when systems are replaced and the building is updated to code.

John Esper, the city's corporation counsel, clarified the process if a tenant refuses inspection: "The tenants have a right to refuse to consent to the inspection and upon a refusal of consent the city will seek an inspection warrant and that's ... that does not work to the detriment of the tenant or the landlord," he said, indicating the city would pursue a warrant through the second judicial court when necessary.

During public comment, resident Chad Rap of 218 Karen Drive asked whether a landlord would remain responsible if a tenant brought their own stove or refrigerator and the appliance subsequently failed an inspection: "If a landlord doesn't supply like the stove or the refrigerator and the tenant brings it in, is the landlord still held ... responsible if it fails at the inspection?" Rap asked. Council discussion that followed acknowledged the question and suggested case-by-case consideration and reliance on written lease provisions where applicable.

After additional discussion, the council moved through second and then third and final readings and adopted Ordinance 26-13 on roll call. The recorded roll-call votes show the ordinance passed with one member dissenting (Councilman Hanky) and the remainder in favor (recorded as an 8-1 outcome in the roll calls held during the meeting). The ordinance amends the city's rental inspection code as described in the title read to the council; the council indicated staff and members may return with further modifications in the future.

The council did not record in the meeting text a consolidated, line-by-line redline of changes; staff said committee questions had been answered but no additional textual revisions were recommended for adoption at this meeting. The council noted the ordinance is a "living document" and could be revisited for further modifications as implementation proceeds.

The council proceeded to other agenda items after the vote; the ordinance description presented to the council identified the file as Ordinance 26-13 amending Ordinance 6040, the Elkhart rental inspection ordinance.