City of Cedar Rapids adopts Chapter 22A - Nuisance Property Code; turns to Chapter 29 discussion

The City Council has adopted a new ordinance on Tuesday that will impact all property owners in the City of Cedar Rapids.  The City of Cedar Rapids adopted Chapter 22A, despite concerns voiced by REALTORS, Landlords, the social services community, people who attended a Rotary Club Meeting, an attorney for the ACLU and an attorney for the housing community.  Link to Letters objecting to Chapter 22A

The public hearing and first reading was held Tuesday, December 18, 2012, a week ahead of Christmas.  Many people likely are not aware of the impact on property they own, due to the busy time of the year.  Despite the objections, the City passed quickly on Tuesday, January 8th the second and third readings.

As KWWL-TV asked me last night, the ordinance includes a 1, 2 or 3 strikes and the property owner could be subject to 12 months or more of civil fines from the City of Cedar Rapids.

CEDAR RAPIDS (KWWL) -Robin Tucker is a realtor and property manager in Cedar Rapids.  As someone in charge of many homes in the city, he's not happy the city council adopted a new code Tuesday that will define a home with multiple small offenses as a nuisance property.

"A lot of it is due to the behavior of people," said Tucker.  "But to stigmatize the property specifically...that is kind of new territory."

For Tucker, the new code leaves a lot of unanswered questions.  "There's a lot of uncertainty to it," said Tucker.

The City of Cedar Rapids of Cedar Rapids will now begin taking public input for a new Chapter 29 ordinance covering Rental properties.  A public-comment session on the upcoming changes to Chapter 29 will be held from 5:30 p.m. to 7:30 p.m. today in the council chambers at City Hall, 101 First St. SE.  The Gazette article on this public-comment forum.

The City is interested in hearing feedback on the following topics which are part of the code;

1.  Tenant background checks
2.  Landlord training requirements
3.  Rental Inspection schedules
4.  Fee schedules for inspections
5.  Additional topics related to the ordinance

Individual's comments will be limited to 3 minutes so that more people may heard.  The meeting is limited to 2 hours.

The City of Cedar Rapids has not at this point answered a lot of the questions, associated with the language in the new Chapter 22A.  Chapter 22A and likely Chapter 29 reference each other in the City's language. What are some of the questions remaining with the new Chapter 22?

• Impediments to housing and homelessness
• Impact on Fair Housing
• Impact on Affordability in rental housing
• The ACLU attorney pdf is concerned about Chapter 22A on tenants and property owners
• Undermines law enforcement and hurts domestic abuse victims per ACLU
• Conflicts with Fair Housing obligations in City per ACLU
• Code fails to protect innocent victims per ACLU (see letter below)
• Code fails to protect due process rights of landlords and tenants per ACLU
• Is the proposed tax legal under the State of Iowa?  Attorney for housing community has asked questions to City Council
• Impact on Tenant Rights
• Impact on Property Rights
• Due process in 1, 2, 3 strikes system of new Chapter 22A, when the property owner is a victim of crime, due to a customer, resident, tenant, family member or member of the public.  (this covers commercial and industrial property, as well, so a business open to the public could be impacted by the public's behavior)
• Landlords, REALTORS and the Gazette Editorial board suggested that Chapter 22A and Chapter 29 be discussed at the same time, prior to passage by the City Council
• There are questions on how the City intends to administer the new Chapter 22A?
• City has failed in the past to protect Landlords to the fullest extent of Iowa Code (issue of criminal mischief by residents in possession) raised by members of both Landlords of Iowa and Landlords of Linn County

The following was an e-mail shared with us by a concerned Landlord this morning in Cedar Rapids:

Robin,

This is the Gazette article that was published 1-7-13.

Nuisance ordinance going too far

Proposed Chapter 22A Nuisance Ordinance goes too far to try to place the blame on innocent property owners of Cedar Rapids for crime in our city. Chapter 22A includes violations for owner-occupied and rental residential, commercial property and all other property in Cedar Rapids.

It is incomprehensible that property owners could be considered in violation when they are the victims of a crime. Because the owner of a property allowed someone onto their property or within 1,000 feet of their property and that person committed a crime, the property is considered in violation under Chapter 22A.

When in the history of our country have we thought anyone else other than the person who committed the crime was guilty of anything? How can anyone predict what someone else is capable of doing?We all need to use good judgment when we choose the people we associate with, but how do property owners know when they allow someone into their door or within 1,000 feet of their property that that person is not going to do anything which may be considered probable cause for a crime?

The criminal does not have to be proven beyond a reasonable doubt guilty of anything and the property is considered in violation of this nuisance ordinance. Chapter 22A nuisance ordinance goes too far.Sheryl Jahnel Cedar Rapids

City of Cedar Rapids replaces Chapter 29 and mandates Crime Free Lease Agreement/Addendium for all housing tenants

If you own a rental property, big or small, the City of Cedar Rapids requires you use a Crime Free Lease Agreement or Addendum, that you become licenced locally, and you register all rental rooms, houses and apartments.

[DOC] Crime Free Lease Addendum / Agreement - CITY OF CEDAR RAPIDS
File Format: Microsoft Word - View as HTML
CITY OF CEDAR RAPIDS. Crime Free Lease Addendum / Agreement ... or any breach of the lease agreement that otherwise jeopardizes the health, safety, ...

Here is a link to the new Chapter 29 approved by the City of Cedar Rapids on Tuesday, July 20, 2010. The new ordinance will become official on Monday, July 19, according to a phone call with Housing Services Department.

Ordinance for Chapter 29 regarding Licensed Registration ...
File Format: PDF/Adobe Acrobat - View as HTML
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CEDAR RAPIDS, IOWA, as follows: Section 1. Chapter 29 of the Cedar Rapids Municipal Code is hereby ...

Landlords Now on The Hook to Help Clean Up Cedar Rapids Neighborhoods‎ - KCRG
At the Tuesday evening council meeting, Walter Skovronski, president of Landlords of Davenport, told the Cedar Rapids council that tenant background checks ...

Landlords asked, Cedar Rapids Police Department looking for ... - Eastern Iowa News
The Cedar Rapids Police Department on Wednesday said it is working ... The city of Davenport also uses a crime-free lease addendum and most ...

Tommy Tucker Realty Co. has been using a different Crime Free Lease Addendum, on a voluntary basis, over the past 8-9 years for many of our clients.

Tommy Tucker Realty Co. was founded in 1958 and has specialized in property management services for various clients over the years. We would be happy to visit with people who have questions about the new Chapter 29 in Cedar Rapids or other housing and/or real estate questions ...

• Sales


• Purchasing


• Property Management


• Leasing


• Business Opportunity


• Like-Kind Exchange: 1031


• Chapter 22 questions?


• Chapter 29 questions?


• Chapter 69 questions?

Need housing or real estate assistance, contact a Realtor ...

The City of Cedar Rapids just passed the new Chapter 29 on Tuesday night at the City Council meeting. Later this year, we expect new Chapter 22 and Chapter 69 ordinances to be reviewed and enacted as well. As Realtors, we believe...

The Preamble of the Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS ® ...

Preamble

Under all is the land. Upon its wise utilization and widely allocated
ownership depend the survival and growth of free institutions and of our
civilization. REALTORS® should recognize that the interests of the nation and
its citizens require the highest and best use of the land and the widest
distribution of land ownership. They require the creation of adequate
housing,the building of functioning cities, the development of productive
industries and farms, and the preservation of a healthful environment.

Such interests impose obligations beyond those of ordinary commerce.
They impose grave social responsibility and a patriotic duty to which
REALTORS®should dedicate themselves, and for which they should be diligent in
preparing themselves. REALTORS®, therefore, are zealous to maintain and improve the standards of their calling and share with their fellow REALTORS® a common responsibility for its integrity and honor...

ttrco

The City of Cedar Rapids City Council meeting for April 6, 2010

"The council now is discussing steering local-option sales tax money to
landlords. Flood Impacted Landlords have helped city staff develop the
guidelines," said Rick Smith of the Gazette, who is reporting with online Live
coverage of the Cedar Rapids City Council meeting.

LIVE COVERAGE: Cedar Rapids City Council, 4:30 p.m.
Posted on Apr 06, 2010 by Rick Smith.

Reporter Rick Smith is providing live coverage of today’s Cedar Rapids City Council meeting, which begins at 4:30 p.m. Among the agenda items:

• A discussion on what to do with the former Cedar Rapids Public Library building on First Street SE;


• Awarding a demolition contract for for the fire-damaged Sinclair site, formerly the Farmstead Foods meatpacking plant; and


• Having flood director Greg Eyerly report to the council rather than to city manager Jim Prosser.

Join the live coverage from The Gazette by following the link above, starting at 4:30 p.m.

In the coming weeks, the City Council will likely hear from City staff on proposed changes to Chapter 29 and Chapter 22 of the Municipal Code for the City of Cedar Rapids. These changes will impact property rights and costs associated with rental housing and affordable housing in the City of Cedar Rapids.

ttrco