Lexington landlords object to proposed ‘party house’ ordinance, declaring it unfair
After push back from landlords, the Lexington council agreed Tuesday to send a controversial proposal that would fine landlords of disruptive party houses back to a council committee for further review and discussion.
More than a half dozen landlords spoke against the proposed ordinance during a Tuesday Lexington-Fayette Urban County Council work session.
“They are trying to make the landlords responsible for our tenants,” said Jim McKenzie, president of the Lexington Landlords Association. “That makes us the police over the tenant ... The only thing we can hold over them is an eviction.”
The council’s Planning and Public Safety Committee passed the proposed ordinance in November.
Under the proposal, houses or apartments that have had two violations for disorderly conduct, minor in possession of alcohol, unlawful transactions with a minor or violations of the city’s sound ordinance can be deemed a “disruptive premises” for a year.
If another violation occurs after it has been deemed a disruptive premises, a homeowner or landlord would face a fine of $250 for a first offense, $500 for a second offense and $1,000 for a third offense.
The disruptive premises plan, which is what the new ordinance is called, would replace a 2001 ordinance called the Lexington Area Party Plan, which was enacted after the city was inundated with complaints of disruptive partying in off-campus housing surrounding the University of Kentucky.
There have been problems enforcing the ordinance, Lexington Police statics shows. Since 2001, it has been used only 41 times. The courts were not receptive to the ordinance, police officials said in November.
To be deemed a no-party property under current rules, there must be two convictions, which take time to go through the courts. The new ordinance does not require convictions. Instead, landlords would face civil citations.
Party houses remain a big problem in some areas around UK, according to residents in those neighborhoods.
Rock Daniels, a downtown landlord, said although the proposed ordinance is meant to go after party houses around UK, it could be used to force people in lower-income neighborhoods out, causing increased gentrification. The city needs to look at the unintended consequences before it enacts such an ordinance, he said.
“The city needs to police the tenant and not the landlord,” Daniels said.
Councilman Jake Gibbs, who represents much of downtown Lexington and neighborhoods surrounding UK, agreed Tuesday to put the proposed ordinance back into the Planning and Public Safety Committee. Gibbs, who pushed for passage of the ordinance in November, said Tuesday he has received suggestions on changes to the ordinance from landlords that are worth exploring.
“I”m in no rush about this,” Gibbs said.
A date for the ordinance to be discussed in the Planning and Public Safety Committee meeting has not yet been set.
Councilwoman Angela Evans said the committee heard these concerns in November and that the ordinance had been rushed through committee. She raised questions about enforcement of the ordinance during the committee meeting in November.
Gibbs denied rushing the proposal.
“This ordinance has been vetted by the law department,” he said. “The police are behind it. UK is behind it.”
