Section 8 and Lawful Sources of Income

As a Realtor and Property Manager for Tommy Tucker Realty Co., we consider all lawful sources of income from customers in the application process for houses we operate for rent. Not all properties or property owners are suited for use of Section 8 Housing Choice Voucher Program. In talking to a prospective customer (applicant) today, we discovered that the property they seeked was above the price guidelines for the prospective tenant's voucher.

City to Offer Free Section 8 Landlord Orientation Sessions

CEDAR RAPIDS, IA – January 25, 2012 – The City of Cedar Rapids Housing Services/Section 8 Housing Choice Voucher Program will be offering free landlord orientation sessions for all landlords, leasing agents, rental managers and maintenance personnel.

The two hour presentation will include an overview of the Section 8 Housing Choice Voucher Program, tenant demographics, common forms and leases, evictions/program violations, and Section 8 inspections and common repairs.
Individuals can register to attend one of the four sessions scheduled for the following dates:

• Wednesday, February 8, 2012 from 3:00 p.m. - 5:00 p.m.


• Wednesday, May 2, 2012 from 5:00 p.m. - 7:00 p.m.


• Wednesday, August 8, 2012 from 3:00 p.m. – 5:00 p.m.


• Wednesday, November 7, 2012 from 5:00 p.m. -7:00 p.m.
  

The February 8 and May 2 sessions will be held at the Housing Services Office Conference Room, located at 1211 6Th Street SW. Locations for the August 8 and November 7 sessions are yet to be determined. Future updates and more information can be found at the following website under Landlord Resources:

www.cedar-rapids.org/government/departments/community-development/section8rentassistance. To find out more the Section 8 landlord orientation sessions, please contact Jim Borschel at (319) 286-5181 or j.borschel@cedar-rapids.org.

Iowa District Court Judge rules against City of Cedar Rapids on certain mandated changes in Chapter 29

Tommy Tucker Realty Co. has utilized a Crime Free Lease Addendum for nearly ten years. However, the "Crime Free Lease Addendum" required by the City of Cedar Rapids is a different document and has been ruled out by an Iowa District Judge. We agree with the judge that the City of Cedar Rapids went too far with changes in Chapter 29 in 2010.

Court throws out Cedar Rapids Crime-Free Lease‎ -Eastern Iowa Government
“All portions of Cedar Rapids City Code Chapter 29 which reference or implement the 'Crime Free Lease Addendum' are void and unenforceable,” District Court ...

Court Throws Out Cedar Rapids Crime-Free Lease‎ - KCRG-TV9
Includes video link on a TV9 news story

We received the following e-mail on this breaking news on the lawsuit over the City's Chapter 29 change in 2010:

The Landlords of Linn County have won their District Court lawsuit for
summary judgment against the city of Cedar Rapids. Provisions of the city's
chapter 29 which dealt with the crime free lease addendum were found to be
unenforceable.

The first issue in the lawsuit had to do with use of home
rule power by the city in proposing the rewrite of chapter 29 which broadened
the provisions of the state home rule law. Landlords could have lost their
licenses to operate if they didn't follow the provisions of chapter 29. Here is
what the court said:

"This Court concludes that new Chapter 29 was not
enacted incident to an exercise of an
independent city power. The
independent city power must be something other than the general
police power
granted in the first sentence of §364.1, to “preserve the rights, privileges,
and
property of the city or of it residents, and to preserve and improve the
peace, safety, health,
welfare, comfort, and convenience of its residents”.
Defendant has not identified any
independent power to justify the ordinance
and their reliance on their power to enact housing
safety codes is
misplaced. Because new Chapter 29 violates the limitation imposed by Iowa
Code § 364.1, the Court concludes new Chapter 29 is unenforceable."

The second issue raised by the Landlords of Linn County dealt with the
conflict between the provisions of the state clear and present danger law with
particular provisions of chapter 29. The issue is whether the city could be more
stringent than the state law. Here is the court's findings:

"The grounds
for eviction and the lack of cure provisions in
new Chapter 29 render it
irreconcilable with state law. The conflict between the two laws is
obvious,
unavoidable and not a matter for reasonable debate. The only way to resolve the
conflict between the two is, as the Defendant points out, to choose the
provisions of § 562A.27A
to protect a tenant who has followed the cure
provisions afforded by that statute or who has
committed a crime that is not
enumerated in § 562A.27A. Therefore, this Court finds that the
conflict
preemption form of implied preemption applies to preempt the ordinance in this
case and
provides an additional basis for finding that new Chapter 29 is
unenforceable."

Landlords of Linn County had two other provisions in
their summary judgment argument. The court didn't find their arguments
compelling on the points of the city's ordinance being "vague" in violation of
Iowa's constitution and the argument that the ordinance amounted to a violation
of the "taking" provisions of the Iowa Constitution.
However, the losses on
those points didn't mean anything. Winning on two counts was enough for the
court to find on behalf of the Landlords of Linn County.
We congratulate
this chapter for standing up for their rights. The document should be useful for
any other chapter finding themselves similarily situated.

Joe Kelly
Lobbyist for Landlords of Iowa

We hope the City of Cedar Rapids will consider bringing the community to the table to improve public safety, the delivery of City services and further discussion of housing issues, including affordability and preservation of housing stock through the establishment of a Housing Commission for the City of Cedar Rapids. Realtors, Landlords and others in the community have been recommending such for some time.

ttrco

Chapter 29 and Chapter 69 conversations in the City of Cedar Rapids

The City of Cedar Rapids changed Chapter 29 of the municipal code in 2010. However, the Courts are now involved, due to language used by the City in establishing an updated fee and inspection system that requires licensing, as well as specific crime-free language ...

Cedar Rapids landlord group fighting city’s crime-free ordinance

- The Gazette article is linked on the pending lawsuit against the City of Cedar Rapids

Roemerman is representing a group of Cedar Rapids landlords seeking summary judgment in their lawsuit against the City of Cedar Rapids over the “Crime Free Lease Addendum." (Gazette file photo)

A group of landlords filed a motion for summary judgment Friday in its lawsuit against the City of Cedar Rapids over the “Crime Free Lease Addendum,” which was approved last summer. The Landlords of Linn County, a non-profit group comprised of 150 landlords, and Rehman Enterprises, owner of 14 rental properties, claim in the lawsuit ...

The City of Cedar Rapids is considering changing Chapter 69 of the municipal code in 2011. Some of the new recommendations have property owners, landlords and proponents of limited government concerned. Should a property owner, landlord or agent be required to accept Section 8 housing?

The Cedar Rapids Civil Rights Commission has formed the Friends of the Cedar Rapids Civil Rights Commission recently. They are seeking support for advocacy efforts in the community for civil rights. We had the opportunity this week to sit down and learn about the advocacy work that is planned, including the formation of the Youth Advisory Board for Friends of the Cedar Rapids Civil Rights Commission.

We have a couple of two bedroom houses for rent in the Cedar Rapids area. Also, there are plenty of houses for sale in the Cedar Rapids area. If you are in need of assistance, please call and talk to one of our Realtors.

We are wrapping up the week of February 7Th through 11Th. We completed a city inspection on Friday. Next week, we have a final inspection at another local property. The City of Cedar Rapids has a five years inspection cycle, while the City of Marion has a three year inspection cycle on rental housing.

If we can be of service to you, with your property management or real estate needs, please let us know. You can contact us in various ways.

ttrco

Deadline for Landlord Licensing and Rental Property Registration is approaching in Cedar Rapids

Letter to the Editor - The Gazette

There was an article in The Gazette on the Landlord Licensing process in Cedar Rapids. The letter was published in the Thursday, October 21, 2010 edition of the paper.

http://thegazette.com/2010/10/20/landlord-licensing-process-poorly-run/

The new Chapter 29 in Cedar Rapids requires all property owners involved in rental activity of residential properties to get a local license from the City and register all properties within the City of Cedar Rapids that are being used for rental activity. The new registration and licensing requirements in Cedar Rapids should be completed by the end of October, 2010.

Tommy Tucker Realty Co. does hold a Landlord License to Lease, Rent and Manage properties under Chapter 29 of the Municipal Code in the City of Cedar Rapids. Previously property owners were not required to be licensed. We can lease, rent and manage your property under our license, if you desire to seek outside management services for your rental houses and apartments. Registration fees are required.

If you have questions about Chapter 29 of the local municipal code, please contact the City or you can talk to us at Tommy Tucker Realty Co., regarding our property management services.

ttrco

Update on Housing, Licensing and Registration in the City of Cedar Rapids

We received notice from the City of Cedar Rapids that we have our License for the new Chapter 29 of the Municipal Code, which is requiring all owner / operator /landlord providers for rental housing in Cedar Rapids to obtain. Further, everyone needs to register or re-register all rental properties in the City by the end of the month. Registrations have been a requirement for some time, but the License with the City is new. Regardless, new paperwork is needed and the City's web site has the following message:

NEW LANDLORD LICENSE & REGISTRATION REQUIREMENTS
All Landlords must apply for a landlord license and re-register all of
their residential rental properties within the city limits by October
31st, 2010. All forms are found on this page. If you have any questions
feel free to give us a call at (319) 286-5197 or stop by our office.

We are working with our property owners to re-register all the properties we manage for various clients here in the City of Cedar Rapids. The process is pretty straight forward, but it does require time.

The Gazette had an article in the Thursday paper titled 'Few of C.R.'s landlords in compliance with new law.'

If you own rental property in the State of Iowa, you should likely check with the municipal authority to determine what your local licensing requirement are. The City of Marion has a different system, for example, than the City of Cedar Rapids.

In other business activity, meet with fellow Brokers with the Cedar Rapids Association of Realtors this morning. Good meeting and everyone was reminded about Chapter 29 in Cedar Rapids.

ttrco

Cedar Rapids: City’s New Landlord Licensing Program in Effect

Housing News in the City of Cedar Rapids, the week of August 23, 2010:

The City of Cedar Rapids Code Enforcement Division has begun
implementing the new landlord licensing and rental housing registration program
as part of the new Chapter 29 of the Municipal Code. This program includes new
requirements for landlord licenses, rental housing registration and tenant
agreements.

Landlord Licenses
Landlords, property owners and rental property operators
are now required to be licensed in order to rent residential properties in Cedar
Rapids. This license is only required one time per landlord/owner/operator. The
license fee is $50.00. License applications are available at the Code
Enforcement Division’s office in the Public Works building at 1201 6Th Street
SW. In addition, applicants must submit a list of all rental unit housing to be
associated with the license. There is a $1,000 penalty for each month of a
delinquent license or rental unit registrations after October 31, 2010.

Rental Housing Registration
All rental housing must be registered annually. The registration fees range from
$30.00 for single family dwellings or duplexes to $25.00 for multi-family
dwellings plus $8.00 for individual apartments or units. All rental units
transferred or purchased after July 19, 2010 must be registered within 30 days
of the transaction. There is a $1,000 penalty for each month of a delinquent
license or rental unit registrations after October 31, 2010.

Tenant Agreements
All landlords must use a Crime Free Lease Addendum/Agreement with tenants. This addendum must be incorporated into all new and renewal leases and made available for review during the compliance inspection by City inspectors. The addendum is available on the City’s Web site at www.Cedar-Rapids.org and at
the Code Enforcement Division’s office in the Public Works building at 1201 6Th
Street SW.

All aspects of the new program are expected to be implemented by October 2010. For more information about this program, please visit the Housing Inspections section of the City’s Web site at http://www.cedar-rapids.org/government/departments/code-enforcement/housing-inspections/Pages/default.aspx.

PR Date: 8/23/2010 Title: City’s New Landlord Licensing Program
in Effect
City Contact: Cassie Wilils, (319) 286-5055

Tommy Tucker Realty Co. provides property management services in the Linn County area to various clients. We can assist in Tenant-Landlord management services, if you are seeking a Realtor-Property Manager for your single family house or investment property. Please feel free to contact Tommy Tucker Realty Co. to discuss our services in more detail. Tommy Tucker Realty Co. has been serving the greater Cedar Rapids area, since 1958.

ttrco

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

Do you own Rental or owner-occupied real estate in Cedar Rapids, Iowa?

The City of Cedar Rapids is planning to change Chapter 29 of the municipal code on rental real estate. Of course, all property owners will notice an possible impact to individual property rights, due to this change. On June 22, 2010, the City Council is planning to have a first reading on the proposed changes to Chapter 29 of the municipal code.

A fellow Realtor in Cedar Rapids has sent an objection to the City of Cedar Rapids.

OBJECTS TO PROPOSED CH 29 ORDINANCE CHANGES-CRIME - City of Cedear Rapids PDF/Adobe Acrobat - Quick View
May 17, 2010 ... I am against the proposed Chapter 29 changes and the mandatory Crime ... for Cedar Rapids tenants which is a valuable asset to growth and ...

The City of Cedar Rapids is changing its web site, so google searches on the subject typically end with a bad link, such as this example. By adding .info, rather than .org, one can get into the City old web site.

More on the subject curtesy of a google search on Chapter 29:

Chapter 29 – Sheryl Jahnel, Member Landlords of Linn County ... - Landlords of Linn County
I have found that there are many difference that set Cedar Rapids Proposed changes over the top. > I am very much opposed to the proposed Chapter 29 ...
Chapter 29 – Dick Rehman‎ - Jun 15, 2010
Chapter 29 Comments: Dick Rehman‎ - May 26, 2010

Chapter 29 of municipal code is a very important public policy issue for the City of Cedar Rapids. Changes can have impacts on affordable housing, housing stock and economic development for our community in the future. The department has been very inefficient throughout the years, including the department's ability to provide data on the customers it serves.

Cedar Rapids Landlords Protest Proposed Fees - KCRG-TV9
Apr 20, 2010 ... CEDAR RAPIDS – Proposed new rules and regulations for Cedar ... The city council is still debating whether to approve all these changes, ...

Right now, the city can't provide a list of problem landlords or even tell
you how many landlords rent property in Cedar Rapids. City staff
admit their record-keeping system needs work and they're trying to replace it. -
KCRG-TV9

Currently, the City of Cedar Rapids has no citizen housing boards or commissions. Communities, like Iowa City, have used citizen boards and commissions to help formulate public policy on housing issued. Despite the City Charter makes recommendations for boards and commissions, but, the police department and housing officials are addressing the ordinance work for our community, rather than elected officials and/or the public.

PREAMBLE
We, the people of Cedar Rapids, Iowa, under the constitution and the
laws of the state of Iowa, in
order to secure the benefits of local
self-government and to provide for the peace, prosperity and security of our
citizens, do hereby adopt this charter. By this charter, we achieve the benefits
of home rule and affirm the values of representative democracy, professional
management, strong political leadership, and citizen participation by
recognizing that our quality of life is based on community and regional
cooperation, innovation, and greater opportunities for all our citizens. - City of Cedar Rapids

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