Frequently
Asked Questions about the Healthy Neighborhoods Initiative
May 19, 2005
Will the
Healthy Neighborhoods team be going door-to-door demanding to inspect
the interiors of homes?
No. If a resident or property owner asks us to evaluate the inside of
a residence, we’ll be glad to do so. Otherwise, the Healthy Neighborhoods
efforts will be focused on a property’s exterior, including the
yard and outbuildings.
Given that
a home’s attractiveness can be very subjective, how is the Healthy
Neighborhoods team planning to address “appearance” issues
without infringing on a property owner’s right to expression?
We agree that beauty is in the eye of the beholder. That’s one
reason that Healthy Neighborhoods efforts will be focused on appearance
issues rooted in health and safety codes--things such as piling garbage,
overgrown vegetation, graffiti, and rotting or burned-out structures.
Will I be
required to paint my home a certain color or make repairs according
to a certain style of architecture prescribed by the Healthy Neighborhoods
team?
No. The Town of Cary does not regulate such standards for residences.
Who is responsible
for making improvements to property—the resident or the landlord?
While situations may vary according to individual leases, the property
owner/landlord is generally responsible for making needed improvements.
An exception may be when an improvement is needed as a direct result
of a resident/tenant damaging the property.
As a tenant,
what am I supposed to do if my home has issues that my landlord refuses
to address?
Since each person’s situation may vary greatly, it’s best
for you to contact us to discuss your individual circumstance in detail.
Why did
the Town decide to have the Town Center area serve as the first focus
area for the Healthy Neighborhoods Initiative?
There are several reasons. First, the Town Center includes some of the
oldest housing stock in our community, which, by virtue of its age,
is starting to show wear in may cases. Second, unlike other parts of
Cary, the Town Center has a significant number of rental homes that
may be lacking appropriate attention from landlords. Third, there really
aren’t homeowner’s groups in the Town Center to help neighbors
ensure that properties stay healthy. Finally, the Town Center is where
a large portion of complaints come from.
Isn’t
this program just a first step in a downtown redevelopment plan designed
to get lower-income people out of the way?
Absolutely not. If that were the case, we’d simply crack down
on enforcement and not offer the comprehensive education and assistance
efforts that are the hallmarks of the Healthy Neighborhoods Initiative.
What’s
being done to help residents who don’t understand English?
Unfortunately, many of our non-English speaking residents are illiterate
in their native language, too. That’s why we’re developing
Spanish-language information about the Healthy Neighborhoods Initiative
in video and audio as well as in writing.
If I complain,
can my landlord evict me?
No. According to the N.C. Attorney General’s Office, your landlord
cannot evict you in retaliation for complaining about needed repairs
or reporting health and safety violations to the Town.
If my landlord
won’t make the repairs, can I make the repairs myself and withhold
the cost from the rent?
No. North Carolina law does not allow tenants to withhold rent payments
unless the landlord consents to it in writing or in accordance with
a court order.
I want to
make these repairs, but I just can’t afford it. What will happen
to me?
Homeowner assistance is available through the Town. See the Getting
Help section of the previous Web page, or give us a call and we will
explain the various options available.
What are
the landlord’s responsibilities?
The landlord is responsible for:
1. Complying with all building and housing codes
2. Making repairs to keep the premises in a fit and habitable condition
3. Keeping common areas in safe condition
4. Maintaining in good and safe working order all electrical, plumbing,
sanitary, heating, ventilating, and air conditioning systems
5. Providing operable smoke detectors
A landlord cannot be excused from these duties through clauses inserted
into the lease, and any such clause is unenforceable.
What are
the tenant’s responsibilities?
1. Keeping the rental premises clean and safe and causing no unsafe
or unsanitary conditions in the common areas
2. Disposing of all garbage, ashes, rubbish, and other waste in a clean
and safe manner
3. Keeping all plumbing fixtures as clean as their condition permits
4. Not deliberately or negligently destroying, defacing, damaging, or
removing any part of the premises
5. Complying with all obligations imposed upon the tenant by current
applicable building and housing codes
6. Being responsible for all damage, defacement or removal of any property
inside a dwelling unit outside of ordinary wear and tear or damage caused
by defective products or repairs authorized by the landlord, acts of
third parties not invitees of the tenant, or natural forces
7. Periodically replacing batteries in smoke detectors.
8. Notifying the landlord in writing of the need for repairs. To expedite
the process, it’s usually a good idea to talk to the landlord
and then follow up in writing. Make sure to keep a copy for yourself.
How do I
find a reputable contractor to make repairs to my home?
Everyone wants a job done well at a reasonable price. With that in mind,
the Inspections and Permits Department has advice
for anyone contracting to have work done on their home.
Resources
N.C. Department
of Justice Consumer
Protection Tips
N.C. General Statutes,
Chapter
42, Article 5 – Residential Rental Agreements
N.C. General Statutes,
Chapter
42, Article 6 – Tenant Security Deposit Act