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Morgantown council amends housing code to remove 'not to exceed 1 hour' response requirement for rental agents
Summary
After public comment and council discussion, Morgantown City Council removed a new requirement that rental registrants designate an agent able to reach a property "not to exceed 1 hour," passing the amended housing-code update 7-0.
MORGANTOWN, W.Va. — Morgantown City Council voted 7-0 on June 17 to approve amendments to Article 17-51 of the city housing code after removing language that would have required rental owners to designate an agent "who is regularly able to access the dwelling in a reasonable amount of time not to exceed 1 hour."
The change follows public comment and council debate in which residents and council members questioned whether an hour was a reasonable response window for owners or designated agents. The ordinance governs the city’s rental registration and inspection provisions.
Why it matters: Councilors and code enforcement said the city needs a reliable local contact for rental properties so officials can address emergencies or entry for inspections. Opponents warned the one-hour requirement favored large, professional property managers and could raise housing costs or push out small, local landlords.
Resident Mark Downs criticized the one-hour standard during the public hearing, saying the timing "is less than reasonable" and that the requirement would favor absentee landlords who can afford professional management. A city attorney explained the change was requested by code enforcement to ensure access for emergencies or inspections but noted an agent within the state already must be designated for service of process.
Council discussion centered on clarity and enforceability. Councilor Bill Kawecki and others proposed striking the phrase "not to exceed 1 hour" and clarifying what "regularly able to access" means. Councilors agreed to remove the hour-specific language and direct staff to work with code enforcement to draft clearer wording if further change is needed.
The ordinance as amended will go into effect; councilors and staff said they will follow up with code enforcement to refine language addressing response expectations and emergency access without creating undue burden on small owners.
Ending: The amended housing-code update passed on second reading without the one-hour clause, and council members said they expect additional, more specific language to return in a future meeting if needed.
