TOWN COUNCIL WORKSHOP AGENDA DOCUMENTATION PREPARATION DATE: May 8, 2017 MEETING DATE: May 15, 2017 SUBMITTING DEPARTMENT: Legal DEPARTMENT DIRECTOR: Audrey Cohen-Davis PRESENTER: Lea Colasuonno and Audrey Cohen-Davis SUBJECT: Tenant Protection Options PURPOSE OF WORKSHOP ITEM The purpose of this item is to update Council on staff s progress researching tenant protection policy as set forth by Council at the March 20, 2017 Town Council Workshop and to discuss policy considerations and legal options related to tenant protections. DESIRED OUTCOME The desired outcome is to update Council on staff progress on this issue and for Town Council to provide further guidance necessary for staff to carryout Council policy goals. BACKGROUND/ALTERNATIVES At the November 21, 2017 Town Council Workshop, members of the Town Council asked the Town Attorney to provide information on potential tenant protection tools and to address the six (6) regulatory areas identified by Shelter JH in its November 19, 2016 letter to the Jackson Town Council. At the January 17, 2017, the Town Council reviewed the options for tenant protection regulations in the Staff Report and asked Staff to provide further, and more specific, information about seven (7) issues. At the March 20, 2017 Town Council Workshop Council provided further guidance on the following specific issues and asked staff to return to Council with an update. 1) Licensing Program a. Council did not make a final decision on whether to amend the Jackson Municipal Code to require business licenses/permits for persons leasing one (1) or more units for residential purposes. In discussing this issue Council uniformly showed interest in exempting from any regulation owneroccupied units and requested staff develop a definition for an owner-occupied unit. A suggested definition of owner-occupied units are those wherein: i. The owner(s) inhabit the parcel, whether in an attached or detached structure upon the same parcel as the rental unit, at minimum ten (10) months of the year continuously. ii. Council Options: 1. Should the owners have to be present or is a representative/caretaker acceptable? 2. How many months per year should the owner (and/or representative) have to be present?
a. Staff did contact the Housing Department for some guidance and learned that Department defines owner-occupied as the owner living at the property for ten (10) months of the year. 3. Should the presence be continuous or can an owner (and/or representative) inhabit the parcel intermittently such that cumulatively s/he is present for the minimum number of months per year? b. Based on previous Council direction staff reached out to the Colorado Association of Ski Towns (CAST) and surveyed the municipalities within the association about whether any have rental regulations. None of the responsive municipalities have regulations over and above standard, national building codes, with the exception of Park City, Utah that has short-term rental regulations akin to the Town s. 2) Minimum Property Maintenance Standards for Rentals a. The Town Council directed staff to develop a stakeholder group to discuss policy options and potential consequences of tenant protection regulation for landlords and tenants. This seven-person group has been established and will meet bi-weekly between May and July and report back to Council at the July 17, 2017 Council meeting. Once this group completes its work and Council provides guidance on the recommendations from the stakeholder group, the Legal Department will research and evaluate the policies selected by Council and present a comprehensive review of each for Council consideration. 3) Administrative Process a. Council requested staff present for adoption a resolution for the Contested Case Rules provided by staff at the March 20, 2017 meeting. b. Staff has worked out the final details of the Contested Case Rules and will prepare a resolution for Council consideration at the June 1 Regular Council Meeting. 4) Education and Information Sheet for the Public a. The Town Council requested staff revise the first draft of a public information sheet to make it more user-friendly for the public. Staff has done so and attached a revised version of it to this Staff Report for Council consideration. ALIGNMENT WITH COUNCIL S STRATEGIC INTENT This item aligns with Council s intent to deliver quality services and facilities in a fiscally responsible and coordinated manner and to sustain Jackson s unique character and continue to be the primary location for jobs, housing, shopping, educational and cultural activities by ensuring safe, healthy housing options for residents. STAKEHOLDER ANALYSIS The public at large, renters and rental property owners are the stakeholders. FISCAL IMPACT The fiscal impact of this item varies depending on the ultimate policy decisions Council makes and, in particular, what new staff will be required for administrative, enforcement and/or prosecution duties. The fiscal impact of passage of an ordinance varies between $250 and $700 depending on the length of the ordinance. (Shorter ordinances average around $350 and short franchise ordinances can reach $700.) They appear in the paper the Wednesday following Council s action on third reading (two (2) days later). Should the Council make changes to the ordinance on third reading, the ordinance would need to be re-advertised in its final form. STAFF IMPACT The initial staff impact of this item focuses on the Legal Department s time researching the legal issues involved with the Town Council s policy choices, reworking the Contested Case Rules for a cleaner and clearer administrative process, drafting and revising the public information sheet, working with the Planning Department
to ensure the Contested Case Rule revisions integrate into the existing Land Development Regulation enforcement procedures, and subsequently drafting any and all ordinances sought by Town Council. Depending on how the Town Council chooses to regulate in this area, for example requiring business licenses and/or compliance with minimum code standards, then further staff impacts would need to be evaluated, including ongoing capacity impacts on the Town Building Department and/or the hiring of another Planning Department enforcement staff member, the Finance Department, the Fire Inspector and the Legal Department, including prosecution of violators. Depending on the decisions of the Town Council, an additional department may also need to be formed, necessitating a staff capacity discussion and the hiring of new enforcement staff. The staff impact of passage of ordinances after second reading is notable in the Town Clerk s office and involves preparing the ordinance for advertising and sending to the newspaper, updating the Jackson Municipal Code online and in hard copy for those receiving hard copy versions of the code. The ordinance is also printed and signed and placed in the permanent record storage book in the vault and indexed and posted on the website. The ordinance is also prepared and sent to the newspaper for advertising LEGAL ISSUES Legal review is ongoing. ATTACHMENTS Revised Renter s Rights Information Sheet. Stakeholder Group Information Sheet. RECOMMENDATION Staff has no recommendation at this time. SUGGESTED MOTION I move to direct staff to:.
General information Rental Agreements and Leases: Before renting a unit, house, apartment, etc., the renter and landlord usually enter into an agreement, either written or oral, to set some basic parameters about the rental. At the most basic level these agreements: Create the tenant's right to live in the rental unit (called a tenancy); Sets the length of time (the number of days) between the rent payments - for example a week (seven days) or a month (30 days) (called the rental period); Establish which party pays the utilities. Oral rental agreements In an oral rental agreement, the renter and the landlord agree orally about renting the unit. This kind of rental agreement is legally binding on both the renter and the landlord even though it is not in writing. If you have a valid oral agreement and later have a disagreement with your landlord, you will have no written proof of the terms of your rental agreement. Therefore, most people engage in written rental agreements. It's noteworthy that it is especially valuable to have a written rental agreement if your tenancy involves special circumstances, such as any of the following: You plan to live in the unit for a long time (for example, nine months or a year); Your landlord has agreed to your having a pet or water-filled furniture (such as a waterbed); or The landlord has agreed to pay any expenses (for example, utilities or garbage removal) or to provide any services (for example, a gardener or snow removal). Written rental agreements (leases) In written rental agreements all the terms of the agreement between you and the landlord are specified, including the rental rate, the length of time between rent payments, as well as the landlord's and renter s obligations. Other common terms agreed to include clauses on pets, late fees, and the amount of notice for the renter to leave and landlord to change terms. A lease also states the total number of months that the lease will be in effect - for example, six or twelve months. It is important to understand that, even though the lease requires the rent to be paid monthly, the renter is bound by the lease until it expires (for example, at the end of 12 months). This means that the renter must pay the rent and perform all of the obligations under the lease during the entire lease period. There are some advantages to having a lease. For example, if you have a lease, the landlord cannot raise the rent while the lease is in effect, unless the lease expressly allows for rent increases. Also, the landlord cannot evict you while the lease is in effect, except for reasons such as your damaging the property or failing to pay rent (see Wyoming State 1-21-1001 through 1-21-1016 for specifics on eviction). A lease gives the tenant the security of a long-term agreement at a known cost. The disadvantage of a lease is that if you need to move, a lease may be difficult to break, especially if another tenant can't be found to take over the lease. If you move before the lease ends, the landlord may have a claim against you for the rent for the rest of the lease term. Before signing a lease, you may want to talk with an attorney or a legal aid organization to make sure that you understand all of the lease's provisions, your obligations, and any risks that you may face. Wyoming State Rental Laws: Wyoming law provides that landlords are required to maintain rental units in a safe and sanitary condition fit for human habitation, such that the unit has functional electrical, heating and plumbing, including hot and cold running water. However, the state law permits private parties to contract around these rules. As a result, a written lease agreement could change these standards if a landlord and tenant chose to agree to different ones. If a renter finds that their rental does not meet the standards described above and they are current on their rental payments, then they can notify the landlord in writing about the problem(s) and specify the repairs needed to correct it. The landlord can either make the repairs requested or, if the cost to fix the items is not
reasonable, choose not to make the repairs and terminate the lease. If the landlord does not reply in a reasonable time to the renter s request for repairs, then the renter can take the landlord to court after 1) sending a second notice 2) that restates the problems and the repairs requested, 3) that says why the time elapsed is unreasonable, 4) that states the number of days since the first notice of the problems was sent, and 5) that states the renter intends to take the case to circuit court if the problems are not corrected within three days. The renter then must provide a summons to the landlord, no fewer than three but no more than twenty days before the court date. The circuit court judge then hears the case and decides whether the landlord violated the law and if any damages should be awarded to the renter, whether the landlord should be ordered to fix the problem, and/or whether the lease should be terminated. The state law on renter and landlord rights, as well as the obligations required of each party, can be found at: http://legisweb.state.wy.us/lsoweb/wystatutes.aspx. Wyoming state law also regulates the eviction process, and it allows renters to be evicted when rent is late by three or more days and when a renter does not adhere to any one or more of the obligations set forth in Wyo. Stat. Ann. 1-21-1204 and 1-21-1205. Landlords have to give a renter notice of their intent to begin court proceedings for eviction at minimum three days before doing so. Thereafter the landlord has to give the renter a summons to go to court for a trial about the eviction, which must include the cause for the eviction, the time and place of the trial, and must be provided to the renter at least three days, but no more than twelve days, before the trial date. At trial each party gets to provide evidence to the circuit court judge and the judge decides whether the complaint it true or not and issues a judgment. The state law on eviction can be found at: http://legisweb.state.wy.us/lsoweb/wystatutes.aspx. State and Federal Resources for Landlord/Tenant Matters: Wyoming Small Claims Court Rules and Process o https://www.courts.state.wy.us/documents/courtrules/rules/rules_and_forms_gove RNING_SMALL_CLAIMS_CASES.pdf Statewide Free Legal Services o The University of Wyoming Student Legal Clinic (Civil Matters) https://www.uwyo.edu/law/experiential/clinics/civil-legal-serv-clinic.html o The Wyoming State Bar Modest Means Program (legal services for qualifying low income state residents) https://www.wyomingbar.org/for-the-public/modest-means-program/ o Equal Justice Wyoming (a state funded and statewide program providing legal information and civil legal services to Wyoming s low-income citizens) http://www.legalhelpwy.org/index.php/get-legal-help/ United States Department of Housing and Urban Development: General information about Tenant Rights, Laws, and Protections in Wyoming o https://portal.hud.gov/hudportal/hud?src=/states/wyoming/renting/tenantrights Local Resources for Landlord/Tenant Matters: Local Landlord-Tenant Court Case Assistance: Teton County Access to Justice provides legal services, including a self-help legal resource center, reference assistance in legal resources 1:00 to 5:00 p.m. Monday Thursday, free seminars in legal topics, free law clinics offered periodically, assistance in filling out do-it-yourself legal forms, intake to determine eligibility for further free legal services, free civil legal services to income-eligible persons within the priorities set by statute (up to 10 hours), and referrals to pro bono or reduced-fee attorneys. o 185 South Willow St., Lower Level Jackson, WY 83001
o http://tetonjustice.org/ o 307-734-9023 Teton County/Jackson Housing Department: Manages affordable housing for low-income clients o 260 W. Broadway Ste. B Jackson, WY 83001 o http://www.tetonwyo.org/house o 307-732-0867 One22: One 22 is a local nonprofit providing a range of human services to local residents, including help managing the landlord-tenant relationship under certain circumstances. o One22jh.org Energy Conservation Works: A local program providing homeowners access to both no-interest and low-interest loans for home insulation, weatherization, energy efficient windows, energy efficient heaters, fuel switching to natural gas, solar panels, and solar water heaters. o 140 East Broadway #25 Jackson, WY 83001 o http://www.energyconservationworks.org o 307-413-1971 Related Local Information: Town of Jackson Occupancy Ordinance o Jackson Land Development Regulation Definitions Division 9.5 (see family ) Town of Jackson Nuisance Ordinances o Jackson Municipal Code Chapter 8: Chapter 8.04 (Nuisances) Chapter 8.12 (Garbage and Refuse Disposal) Chapter 8.16 (Weed Control and Abatement) 8.20 (Fireworks) Town of Jackson Animal Ordinances o Jackson Municipal Code Chapter 7 (all sections relate to animals)
SAMPLE LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this day of, 20, by and between (hereinafter referred to as "Landlord") and (hereinafter referred to as "Tenant(s)"). W I T N E S E T H : WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in Teton County, Wyoming, such real property having a street address of: (hereinafter referred to as the Premises ). WHEREAS, Landlord is desirous of leasing the Premises to Tenant upon the terms and conditions as contained herein; and WHEREAS, Tenant is desirous of leasing the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the sum of DOLLARS ($00.00), the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term of [specify number of months or years], such term beginning on, and ending at 12:00 midnight on. 2. RENT. The total rent for the term hereof is the sum of DOLLARS ($ ) payable on the day of each month of the term, in equal installments of DOLLARS ($ ) first and last installments to be paid upon the due execution of this Agreement, the second installment to be paid on. All such payments shall be made to Landlord at Landlord's address as set forth in the preamble to this Agreement on or before the due date and without demand. 3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of DOLLARS ($ ) receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. Such deposit shall be returned to Tenant, without interest, and less any set off for damages to the Premises upon the termination of this Agreement 4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting of,,, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasigovernmental authorities affecting the upkeep, use, occupancy and preservation of the Premises. 5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. 6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior
written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. 7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. 8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord shall have no liability, but the rental herein provided shall abate until possession is given. Landlord shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. 9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises. 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: a. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; b. Keep all windows, glass, window coverings, doors, locks and hardware in good c. Not obstruct or cover the windows or doors; d. Not leave windows or doors in an open position during any inclement weather; e. Not hang any laundry from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; f. Not cause or permit any locks or hooks to be placed upon any door or window without the consent of Landlord; g. Keep all air conditioning filters clean and free from dirt; h. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; i. And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; j. Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; k. Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; l. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenable by fire, storm, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered
untenable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such untenable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within fortyfive (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 14. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 15. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at DOLLARS ($ ) per month and except that such tenancy shall be terminable upon (number) days written notice served by either party. 16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17. ANIMALS. Tenant shall be entitled to keep no more than ( ) domestic dogs, cats or birds; however, at such time as Tenant shall actually keep any such animal on the Premises, Tenant shall pay to Landlord a pet deposit of DOLLARS, of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building. 18. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 20. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement. 21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within three (3) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of DOLLARS ($ ). 22. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law,
and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 23. ATTORNEY FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, including a reasonable attorneys' fee. 24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Wyoming. 26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 30. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 31. MODIFICATION. The parties agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 32. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. LANDLORD: Sign Date TENANT Sign Date
Tenant Protections Taskforce Description: Group of 5-7 individuals who will meet every other week for 1 hour to discuss ideas for local tenant protections. Members of the taskforce should include: a representative from Shelter JH, a rental landlord with 20+ units, a rental landlord with <10 units, public health, small business owner, faith/social services provider, and a property manager. The Housing Department will facilitate the meetings and report recommendations to the Town Council. The Teton County Library has offered meeting space and research support. Desired Outcomes: The taskforce will vet potential opportunities to provide support to both tenants and landlords that result in safer, more stable rental housing within the Town of Jackson. Short term and long term solutions will be considered and the taskforce will provide the Town Council with a list of action items and timeline for their implementation. Topics to consider will include, but may not be limited to: minimum notice requirements, a nonretaliation ordinance, habitability, standard lease language, rental registration program, nondiscrimination, and creation of a tenant protections board. Timeline for Taskforce: May 3: May 3 July 11: July 17: Create Taskforce Bi-weekly taskforce meetings Recommendations provided to Town Council Proposed Participants: Rosie Read Shelter JH, Lawyer Emily Freeland Public Health Todd Oliver Landlord Tina Korpi Property Manager Mary Erickson Faith/Social Services Provider, Shelter JH Monay Olson Landlord and Small Business Owner Kevin Kavanaugh Property Manager, JH Working Tenant Protections Taskforce April Norton