City loses five appeals against landlords

The dispute between several landlords and the city of Oberlin continued over the summer, with five more landlords winning favorable opinions against the city, and the announcement that the state will begin an investigation of the city's building inspector.

The state's investigation, which will be conducted by the Board of Building Standards, was announced in late August. Four landlords- David Sonner, Betty Baxter, Carol Graham and Van Kirkendall, filed complaints with the state about the city's practices.

The Oberlin News Tribune reported a spokesman for the state said: "It is too early to speculate what we'll find or if any action will be taken."

The five landlords who won opinions over the summer - Glen and Susan Gall, Sonner, Baxter, Graham and Kirkendall won on the argument that their boarding houses were built before the city's fire codes were enacted. The court also found that the ladders were acceptable as a second exit, a position the city disagrees with.

The city has appealed these decisions in Lorain County Common Pleas Court, but the first hearing, scheduled for Aug. 26, was rescheduled for Oct. 1 at the agreement of both parties. One other case is pending in October and two others have not yet been scheduled.

Susan Gall, one landlord whose court date was rescheduled, declined to comment since the case is still in litigation.

In the meantime, while the court system has been processing the complaints and appeals, the city re-inspected all the roooming houses in their annual inspections. Some houses which were previously cited have now passed inspection. City manager Rob Dispirto said the landlords have had ample time to bring their properties up to par. "We have been consistent and fair by offering them more time. It might take a little time to line up the contractors and the money," he said.

All the landlords who have been at odds with the city with the exception of Carol Graham, have added the hard-wired smoke detectors. However, some still need a second exit. Dispirto said, "I am very heartened by their cooperatin over the summer, and there is really only the egress issues with many of them."

"I am relieved because students are much safer than they were a year or two ago," Fire Chief Dennis Kirin said. "We have also gotten tremendous cooperation from the other 25 to 27 landlords, who have even gone beyond what has been asked. They have liability issues as landlords to protect their assets, and they might receive fire insurance discounts as well."

According to Dispirto, the city will still appeal the issue of fire escapes through other avenues even if they fail in the appeals process. He said they city could turn to local codes and property maintenance standards. Another route available is the City Planning Commission, but there is nothing in the works at the present time, according to Dispirto.

"Legally, the state can't tell the city what to do if the city's regulations are safer," Kirin said.

"We feel very strongly about the ability of occupants to escape if there is a fire. It is an honest difference of opinion of what the city feels and what owners feel they should have to do, plus the aspect of legal interpretation," Kirin said. "There is a point where two parties can no longer agree. That's where we are right now, but it takes time. It's not about losing or winning, it's about saving students."

Dispirto also appreciates the continued support of the College towards the city. "They have been very progressive."

The dispute between the landlords and the city has its roots in 1996 when the city was concerned off-campus housing was unsafe.

At that time the city altered the requirements for a rooming house license to include interconnected smoke detectors and a second exit from the house. Some landlords had been using ladders in place of a second exit, an arrangement which was then unacceptable by the city.

Kirin said that there are four different areas the city looks at for compliance as part of the inspection process. These include the building code regulations, the city housing code regulations, the city rooming house regulations and the city fire prevention regulations. "The four owners have had some differences of opinion from the city on these issues," he said. However, Kirin said the buildings were up to standard in three of the four areas.

Kirin said he wants to make sure all potential problems are protected under either fire, housing, building or rooming house codes. "It puts a very local, city perspective on it.