Updated 7:31 p.m. Oct. 17: San Marcos City Council members on Tuesday unanimously approved an ordinance that would require landlords and developers of student housing to accommodate students if housing units are not completed in time.

The provisions say if a unit is leased before the certificate of occupancy is issued, the building owner must provide the tenant with the option of "temporary alternate, safe, decent and sanitary housing in the city or within 7 miles of the apartments at no additional cost; or of being released from the lease with no financial penalty and deposit reimbursements within 10 days."

"With every situation that arises like this with a late opening, we find out more about what the students’ burden has become," Council Member Melissa Derrick said prior to the vote.

Council Member Jane Hughson said she wants to see what else can be done to accommodate students whose homes are not yet move-in ready by the time their lease starts.

Posted Oct. 13: San Marcos City Council to consider provisions for delays of student housing openings

San Marcos City Council will hold a public hearing Oct. 17 on a code amendment that would create rules for owners of student housing who do not complete the buildings in time.

The amendment says if a unit is leased before the certificate of occupancy is issued, the building owner must provide the tenant with the option of "temporary alternate, safe, decent and sanitary housing in the city or within 7 miles of the apartments at no additional cost; or of being released from the lease with no financial penalty and deposit reimbursements within 10 days.

The City Council asked staff to pursue the amendment Sept. 5. In 2016, the city created Purpose Built Student Housing, a new land use intended to identify housing specifically intended for college students.

"[The proposed provisions are] really to protect students when Purpose Built Student Housing is not completed on time," said Abby Gillfillan, the city's planning manager, during a Sept. 26 planning and zoning commission meeting, at which commissioners unanimously recommended approving the provisions.

Planning Director Shannon Mattingly said generally, the landlord or rental agency will notify students several weeks before the apartment's planned opening date if it is not ready.

She said in the past two to three years, "We’ve had some where it’s been, 'We’re not ready, so sorry.'”

Mattingly said delays occurred with Ella Lofts, 817 Chestnut St., last year when the property went bankrupt, causing students to have to wait to move in because the property was not ready.

Planning Commissioner Jim Garber said Sept. 26 he would like to see this ordinance applied to multifamily housing as well.

The public hearing is scheduled for 7 p.m. in San Marcos City Council chambers, 630 E. Hopkins St.