McAlester council reviews draft property-maintenance ordinance; tables vote after equity and enforcement concerns

City staff presented a draft property maintenance ordinance to the McAlester City Council on April 22 that would create local standards for sanitary and structural conditions and adopt select elements of the International Property Maintenance Code.

"This is focusing on sanitation, lighting, and ventilation," said Miss Flippen, the staff presenter, describing the draft as a tool to address holes in roofs and walls, missing windows, plumbing failures and other conditions that staff say can render units uninhabitable.

Flippen said the ordinance is intended to be complaint-driven, not a program of proactive inspections, and that the department has condemned roughly 30 structures in recent years. She described certificate and timeline options and said staff will coordinate with utilities when unsafe plumbing or sewage issues are found.

Several councilors and public commenters raised concerns about enforcement and unintended consequences. John Brown, a longtime resident and former council member, urged safeguards to prevent retaliatory evictions or rent increases after repairs and warned the ordinance could increase homelessness if not carefully crafted: "We need to put something in there to keep things like that from happening," Brown said.

The city attorney (on the record as the council’s legal adviser) noted that state law already gives tenants remedies under the Residential Landlord-Tenant Act and cautioned that criminal penalties tied to code enforcement raise due-process considerations. "Should the house not be deemed habitable, the tenant does have certain rights..." the attorney said, referencing Section 1.2.1 of the landlord-tenant statute and advising that abatement and civil remedies are often more effective than noncollectible fines.

Councilors asked multiple technical questions — about whether tents would qualify as structures, how gray water is treated (DEQ rules apply), and what constitutes "secure" entry — and sought clearer timelines for required repairs. Several members signaled support for the ordinance’s goals but asked for stronger tenant protections, flexibility for owners doing repairs and clearer enforcement paths that avoid criminalizing poverty.

After discussion, Councilor Tanker moved to table the ordinance to the next meeting to allow staff and councilors to incorporate suggested changes. The motion carried on a roll-call vote.

Why it matters: The draft would create a new local tool to require repairs and abate substandard housing. Proponents said it would prevent blight and improve habitability; opponents and some councilors warned it could harm low-income homeowners and tenants if enforcement and remedies are not carefully designed.

Next steps: The council voted to postpone action to allow edits and additional legal and policy work; staff said they will return with revisions and possible guardrails addressing tenant protections, enforcement alternatives and timelines.