SUBSTANDARD HOUSING IN GREATER CINCINNATI
A Growing Problem in Mature Suburbs
Hamilton County has a wealth of older housing. Visitors often comment on the beauty of the architecture and the character of the neighborhoods and small suburban communities. But not all of the older housing stock is historically significant and many properties have not had the investment in repair and rehab that is needed to keep an older property viable. Both Cincinnati neighborhoods and the older suburbs are facing problems with deteriorating housing stock, which can result in blighted communities and a downward cycle of disinvestment and loss of population.
This report will look at the problem of substandard housing in Hamilton County and the maze of local government enforcement agencies. A specialized Housing Docket was initiated in the Municipal Court in 2003 in the hope of improving legal enforcement on problem property. How is the Housing Docket doing? And where can an owner get help with home repairs if they can no longer afford to keep the property up? In addition to answering these questions, we hope to encourage League members to take an active role in preventing blight in their communities by demanding enforcement of housing standards and knowing what resources are available to help.
Extent of the Problem
What is "substandard housing"? A technical definition could include any residential property that does not meet all housing codes. However, clearly one minor code violation in an otherwise well maintained house does not create community blight. The American Housing Survey defines a house as having severe physical problems when it lacks necessary plumbing fixtures, heating, has no electricity or exposed wire, broken staircase or elevator and various maintenance problems such as water leaks and cracks in walls. Moderate physical problems involve similar issues, but of less magnitude. According to the 2000 census, out of 340,500 occupied units In Hamilton County, 4800 (1.41%) had severe problems. 24,700 (7.25%) had moderate problems.
The median year a house in Hamilton County was built is 1958. Over 25% of the housing in the County was built in 1939 or earlier. In the City of Cincinnati, 40% of the housing was built in 1939 or earlier. To check the age of housing in your local jurisdiction, visit the website maintained by the Hamilton County Regional Planning Commission, .
Assessed value of property is based in part on physical condition. Between 1998 and 2002 average prices for single family homes increased 15.6% throughout the county, but only 1/2 of the older 23 suburban communities experienced that level of gain. Lockland and Evendale had average sale price decreases. Only six of the older communities had gains in assessed values more than the county average of 6.4%.
According to the Planning Commission, the areas of older housing stock in the City and the older suburbs are also the areas that are losing the most population. The older the housing stock, the more likely the homes will become dilapidated, which in some cases, will force them to become abandoned. In general, the older the housing stock, the higher the vacancy rate. Vacancy rates are affected by market conditions, as well as the condition of the property. Substandard property will be harder to rent or sell than property in good condition. An owner unwilling or unable to make repairs will eventually give up and leave the property abandoned and vacant.
Vacancy Rates
| Jurisdiction | 1990 | 2000 |
| Cincinnati | 8.72 % | 10.79 %
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| Hamilton County | 6.35 % | 7.39 %
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| Cincinnati metro area | 5.89 % | 6.41 % |
Community Revitalization is one of the initiatives of the Hamilton County Planning Commission Planning Partnership's Comprehensive Master Plan and Strategies (COMPASS). Because surveys indicated Hamilton County's older communities and neighborhoods need immediate attention, a planning process to implement the Community Revitalization Initiative was completed recently, and a report will be available on-line within the coming weeks: and click on Products.
The goal of the Compass Initiative is to promote revitalization of mature, built-out communities and neighborhoods in Hamilton County. This includes clean, safe, walkable communities that attract new residents with a variety of new and rehabilitated housing, transportation choices, parks and excellent schools, streamlined development-redevelopment processes and up to date infrastructure. The goal contrasts with the current reality in many older communities, including First Suburbs. These communities are now 40 to 80 years old and are experiencing deteriorating or obsolete real estate, aging infrastructure, disinvestment, population loss (especially of residents with above average income), and low tax base per capita. Generally, the older community housing is smaller and lacks the amenities of new housing.
Neighborhood Issues
Even one noticeably blighted property can affect attitudes and property values in a neighborhood. Substandard housing is not just a problem for the tenants or homeowners who live in it. It is a community problem that if not addressed could start a downward spiral. Often neighbors are quick to blame "absentee landlords" or "Section 8 tenants" for deteriorating conditions.
As neighborhoods age and the housing stock becomes older, the market moves toward lower income owners and tenants. Even if well maintained, an apartment complex built in 1970 will no longer be able to attract higher income renters without a major investment in rehabilitation "to make it new again." The small, slab, single-family homes with one-bathroom that were attractive to young families when new, have not aged well, and no longer have appeal even to first-time buyers. Larger, quality homes of the past can be made marketable to homeowners through investment in rehab. The smaller and less expensive houses are bought by investors and rented.
The Housing Choice Voucher program, often called Section 8, provides rental assistance to families based on their income. Many of these tenants have jobs. Based on Fair Market Rents in the Cincinnati area, a person needs to work full-time and earn at least $12/hour to afford a 2-bedroom apartment without any rental assistance. Other tenants receive only disability benefits and cannot afford to pay rent without assistance. The Housing Choice Voucher program allows the family to find housing on the private rental market and use the voucher to help pay the rent. The family chooses the neighborhood and property that they want to rent. The house or apartment is then inspected by the local housing agency that administers the voucher program to be sure it meets basic standards. The family or a neighbor can request an inspection at any time if they believe the property is not being maintained. In Hamilton County, both the County and Cincinnati Metropolitan Housing Authority administer rental voucher programs.
Unfortunately, residents in some transitional neighborhoods in Hamilton County want to blame the physical changes they see in their neighborhoods on the tenants who have rental assistance. Rather than addressing the owners who are responsible for maintaining their property, they demand that families with rental assistance not be allowed to move to their neighborhood. This negative approach quickly runs afoul of the Fair Housing Act and does nothing to improve the aging housing stock in the community.
If neighbors want to take action to address a blighted property, the first step is to find out who owns the property. It is now possible to look up the ownership of any property in Hamilton County on the Internet at . Just type in the address and it will give the name and address of the owner. Contacting the owner and expressing concern about the condition of the property and its affect on property values in the neighborhood is often enough to get action. If working with the owner is not successful, the next step is to file a complaint with the government agency responsible for code enforcement in the jurisdiction. Finding the responsible agency can be more difficult than finding the owner.
Who is Responsible for Enforcement?
The Housing Committee discussed enforcement of housing standards with officials representing various jurisdictions within Hamilton County. These included the Ed Cunningham, City of Cincinnati Acting Supervisor of Housing Inspections, Tonia Edwards head of the Hamilton County Department of Building Inspections, Dennis Ortlieb from Sycamore Township, Regina Jackson from the Hamilton County Auditor's office, and Judge Guy Guckenberger from the Housing Docket.
City of Cincinnati
In the City of Cincinnati code enforcement is the primary responsibility of the Buildings and Inspections Department. Its jurisdiction is limited to the City. The City of Cincinnati Health Department has jurisdiction over problems such as lack of heat, vermin, or litter on the property. The Cincinnati Fire Department will be involved if fire safety hazards exist.
To file a complaint with the Cincinnati Building and Inspection Department, a person calls the department at 325-3275 where a clerk takes the call and enters it into the computer. When the case is assigned, an inspector takes a computer to the site where he/she may access and enter information. Cincinnati has 4500-5000 complaints per year with 22 inspectors to take care of them. During the last five years, inspectors have been able to issue a citation at the site. Owners have 30 days (sometimes with extensions) to remedy a problem. If these citations are ignored, the issue is sent through the civil process and violators face a $500.00 fine. They owners may ask for a hearing. If the work is completed, owners can sometimes get the fine reduced.
A second legal remedy is the newly established Hamilton County Municipal Court Housing Docket. This remedy is normally used for serious housing violations representing safety hazards and/or long-standing violations and willful disregard of safety. The penalty for conviction of failure to comply with lawful housing orders is 6 months in jail and/or a $1000.00 fine.
In addition to a complaint process, Cincinnati has a proactive program, called Concentrated Code Enforcement or a sweep program. Inspectors go house to house in certain areas in an attempt to catch areas before they deteriorate badly. They do exterior sweep (e.g., rotted porches) and do not enter buildings. A neighborhood community can ask for sweep, can tell community members beforehand, and can ask residents to fix problems before the sweep.
Hamilton County
The Hamilton County Department of Building Inspections is responsible for unincorporated areas of Hamilton County and shares some responsibilities with the townships. Most cities in Hamilton County have their own building inspections department.
Hamilton County does not have a property maintenance code, so violations are based on the Hamilton County Building Code and the State Building Code, which cover serious "unsafe" conditions. The townships handle "nuisance" complaints such as high grass or junk cars. The codes do not cover conditions that are unsightly but not unsafe (such as broken windows, peeling sliding or paint).
Most complaints to the County are received from zoning or fire departments, but individuals can lodge a complaint. The department receives about 150 complaints a year with about 3 resulting in a "condemn" order. Complaints are handled by inspectors and result in field orders. If the property is unsafe and in danger of falling down, then a condemn notice is sent. As the County cannot hire demolition crews, the township or health department must hire the actual demolition of a condemned property.
A complaint that results in an unsafe building order is handled by letters to the owners and/or meetings with the owners. If forced, the building inspection department may take the owner to court. This is a cumbersome job and is not resorted to very often. According to the Hamilton County Building Commissioner, the Housing Docket is rarely used because the court meets at inconvenient times for the Hamilton County prosecutors.
Dealing with building complaints, except condemn orders, is a slow and difficult process. It may take 3 years to adequately enforce field orders from the department on substandard housing. This can be very frustrating for neighbors left with deteriorating neighborhoods and declining property values.
Townships - Sycamore Township
The Housing Committee talked with officials in Sycamore Township, as an example of enforcement activity in the townships. Complaints are sent over website e-mail or called in by phone. During 2003, Sycamore Township received 263 complaints, many of which were repeat calls about the same buildings.
If the problem is structural, the inspector goes out, takes pictures, and hands the information over to Hamilton County Building Inspections Department. Matters of health are turned over to Hamilton County Board of Health; e.g., swimming pools, stagnant water, filthy conditions, etc. Safety concerns go to the fire department and sheriff's department. (Sycamore Township contracts with Hamilton County for police coverage.)
If the concern is junked cars or high vegetation, the township takes care of it. Although not required, the township sends a courtesy notice. It gives 7 days to comply with the courtesy notice for high vegetation and then another 7 days after a violation notice. After that the owner gets a citation for the violation. If the owner is a repeat offender, the township skips to the violation notice. The first citation is $104, the 2nd is $144, and the 3rd is $264. The township has never had to go to the 3rd citation stage. For cars on the street with expired tags, police can take care of the problem; for cars on private property, the township gives 21 days notice. For a repeat violation, no courtesy notice is given.
If a person moves and leaves abandoned junk or items, the matter is turned over to the township trustees to be declared a nuisance property. The maintenance superintendent may contract out with companies to take care of the problem. This process can take a month to get it approved before sending the homeowner a bill for services. If this bill is not paid, it is assessed on the owner's taxes.
The township thought that the new Housing Docket would be for use by the township, but at this point in time it has not been used by Sycamore Township.
Abandoned Property
Buildings that sit vacant can be a significant problem in older communities. The Cincinnati Building and Inspections Department finds many cases where owners cannot be found, have moved or died. The house is in bad condition and has essentially been abandoned by the owner or heirs. When real estate taxes are not paid, eventually the property is sold at sheriff's sale.
According to the Hamilton County Auditor's office, it takes about three years to sell an abandoned property for unpaid taxes, even when the action is uncontested. During this time, the boarded up house with an unkempt yard can have very negative effects on property values in the community. When asked about the possibility of a fast track for vacant and abandoned property, the Auditor's office referred to the lack of staff, the lawyers' priorities, and the possibility of bank liens complicating the legal process.
If an abandoned building is in bad shape and poses a serious safety hazard, it can be condemned and razed by the jurisdiction. The City of Cincinnati spends about $500,000 a year to demolish condemned buildings.
The Housing Docket
by Dotty Vogt
In 2002 the Joint Session of Municipal Judges (Hamilton County) decided to experiment with a Housing Court for a year. It started in January 2003 with Judge Guy Guckenberger in charge and would have ended 12/31/03 had they not decided to give the experiment another year. LWVCA has been interested in this subject since at least the late '60's.
The Housing Committee wanted to learn more about the Housing Docket, and I called Judge Guckenberger. He explained cases were heard every Monday, except holidays in his courtroom. He had just finished a report for the consideration of the Joint Session in December; he would FAX it to me. He stated he felt it was very good to have enforcement available for these cases. He enjoys this work immensely.
After speaking with Judge Guckenberger, I attended the Housing Docket that day. He starts the day with regular Municipal Court cases. At 10 a.m. he stops those cases and starts the Housing Docket. The defendant and his attorney go forward as the case is called. They answer the Judge's questions. The Judge tells the possible fines and/or incarceration times. The City Inspector and sometimes tenants of the building needing repair (such as inoperable elevator or leaking roof) testify. They are all able to continue speaking with the Judge and each other. Judge Guckenberger delivers sentence saying if the problems are not resolved by a certain date, usually two/three weeks forward, when the defendant is to appear in Housing Docket with his attorney, the fine would be X dollars (up to $5000 per problem) and/or the number of days for his incarceration. It is very satisfying to see this action.
Judge Guckenberger's report to the Joint Session recommended that the Housing Docket be continued after the first pilot year. "The docket has been very effective with respect to the cases handled…. The threat and imposition of jail, has been a much more effective tool to gain compliance. Vacant lots have been cleaned up, chronic noncompliant housing has been improved and a number of commercial buildings have brought code violations into compliance…. If I have any complaint, it is that more cases have not been brought to the docket…. Cincinnati case numbers are expected to continue to grow… I also expect other jurisdictions in Hamilton County to make more use of the Housing Docket as they learn of its availability."
Based on the information we learned, the LWVCA wrote a letter urging the continuation of the Housing Docket. These are open proceedings. Go visit!
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Where Can Owners Get Help with Repairs?
Enforcement is only successful if there are financial resources to make the needed repairs. The following resources are available in Hamilton County to property owners.
Hamilton County Home Improvement Program (HIP) - Through the HIP program owners in Hamilton County can borrow money to repair or remodel their homes or rental property at interest rates 3% below the lowest rate a bank would normally offer. There are no income restrictions. For information call 513-946-4988.
Cincinnati Home Repair and Rehab loans - For homeowners in Cincinnati, the City provides funding for low-interest repair and rehab loans through the Home Ownership Center. There are income qualifications. For information call 513-961-2800.
People Working Cooperatively - This nonprofit agency receives funding from a variety of sources that allows it to provide free repairs for income-qualified homeowners in certain jurisdictions. For information call 513-351-7921.
Reverse mortgages for seniors - FHA (Federal Housing Administration) has a loan that is available to homeowners 62 years and older. The homeowner can borrow based on their equity in the house, but no repayment is made as long as the borrower continues to live in the house. This allows seniors who own their home, but who have little income, to get the money to make repairs. For information call the Cincinnati HUD (U.S. Department of Housing and Urban Development) office at 513-684-3451.
Cincinnati Rental Rehab program - This is one of the few government programs still available to investors, although it is currently under reconsideration by the City. For information call the Department of Community Development & Planning at 513-352-6146.
Housing Committee
March 2004
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