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

Election Day 2010: Tuesday, November 2, 2010

In Iowa, the polls are open 7 a.m. to 9 p.m.

Voter Guide - The Gazette

If you need to find your polling place in the State of Iowa:

https://www.sos.state.ia.us/elections/voterreg/pollingplace/search.aspx

Have a great day everyone and make sure your voice is heard today!

*** *** ***

Looking for a house to buy or rent in Cedar Rapids area? Other services needed?

Give us a call at Tommy Tucker Realty Co. at 319.365.6956

ttrco

Residents in Iowa can Vote today in either the Democrat or Republican Primaries

We want to remind all State of Iowa residents, who are eligible to vote to get out and vote today. Click the link below to find your polling location. http://sos.state.ia.us/elections/VoterReg/PollingPlace/search.aspx

If you are a resident in the State of Iowa, but are not registered, you can still vote, by registering at your polling place. You will need proof of identity and proof of residence.

ttrco

June 2010 arrives to Summer weather and plenty of Sunshine ...

We hope everyone had a safe and enjoyable Memorial Day weekend.

Wow, we are a month away from the half way point of the year. We are a week away from Primary Election Day in Iowa on June 8Th. Are you registered to vote in Iowa?

Calendar of Events fueled by Cultural Corridor.org.

What's up with the City of Cedar Rapids this month ...

What's up with the
City of Marion this month ...

ttrco

What you should know about Iowa: "Iowa's property-tax system has many bizare features"

Joe Kelly from the Landlords of Iowa group sent this article from the Des Moines Register.

The Register’s editorial • May 22, 2010

Iowa’s property-tax system has many bizarre features. For example:

It’s possible for three nearly identical buildings on the same street to have three different legal descriptions: One may be defined as an “apartment” building, one as a “condominium” and one as a “cooperative.” Although all three might operate the same way, with all units rented out to tenants, the owner of the first building will pay more than twice as much in property taxes as the owners of the other two.

Unfair? You bet. Simple to fix? Not a chance.

The difference is due to Iowa’s property classifications. Real estate is divided into separate classes based on its use – commercial, residential, industrial, agricultural, etc. Buildings with three or more rental units are classified as commercial property because they are considered business enterprises. This would not be a problem, except that residential property enjoys a huge tax break not available to commercial property due to what’s known as the “rollback.” The current rollback reduces the assessed value of residential property to less than half the value of commercial property.

This shifts some of the cost of local governments – schools, cities and counties – from residential to commercial property. That is an impediment to economic development in communities struggling to attract and preserve new businesses, including Main Street shops. Elected officials have made numerous runs at fixing this problem, but they inevitably run smack into brick walls.

Meanwhile, the inequities of Iowa’s property-tax system are exacerbated by property owners who exploit loopholes. In the case of apartments, owners discovered they could sneak a new multi-unit development into the residential classification by calling it a “condo,” even if they never sell any of the rental units. This left owners of existing apartment buildings with significantly higher tax bills than their new competitors, so they began converting their buildings into condominiums.

After local governments saw a stampede coming – and a loss of tax revenue – they got the Legislature to discourage such conversions by requiring that older buildings first be brought up to current building code, which requires installation of costly improvements, such as sprinkler systems.

Those who can’t afford upgrades seized on yet another loophole to fit the residential classification: calling their apartments “cooperatives.” Des Moines, West Des Moines and perhaps other cities have retaliated by requiring them to be brought up to code in an effort to stop another stampede.

It’s hard to believe the courts won’t eventually declare the inequitable tax treatment of similar properties unconstitutional.

It’s equally hard to believe a solution exists that everyone will like. A change that treats all multifamily rental housing equally – which is only fair – runs into a wall of opposition from building owners opposed to paying higher taxes, or from local governments that don’t want to lose tax revenue. The potential loss is not small change: Polk County officials calculate converting all commercial real estate would cost local governments nearly $19 million annually (Des Moines alone would lose $9 million).

Long range, the only solution is an overhaul of the tax system, including eliminating inequities created by the rollback. The only politically realistic way to do that, of course, is to lower taxes for all non-residential property, which means providing new sources of revenue to make up for what local governments would forfeit as a result. That would provide much-needed relief for all commercial property owners, and relieve taxpayers from scouring the law for loopholes.

Fairness is missing in Iowa property tax system. As Realtors®, property owners and those concerned about property rights in the State of Iowa, we thought you would appreciate the above article. Have a safe and enjoyable holiday weekend. Another good resource in Iowa is the Iowa Property Owners Alliance.

The group's mission is to “Protect the property rights of private property owners in Iowa and to serve as a resource for those owners to more fully enjoy the privileges of property ownership.”

ttrco

Our local Realtor® Government Affairs meeting for Apirl 2010

We will meet with one of the candidates for U.S. Congress in the 2Nd Congressional District. This month's special guest is Steve Rathje, who is one of the four candidates for the Republican nomination. The primary will be held on Tuesday, June 8Th in the State of Iowa and in the 2Nd District. In May, our committee is scheduled to meet with Dr. Mariannette Miller-Meeks, one of the other candidates.

Iowa Property Owners Alliance - Home
Information for Iowa property owners. Resources, legislation, and legal updates. Contact Iowa legislators regarding property ownership in Iowa.

Recent Legislation in the State of Iowa
Realtors are often involved in the community at the local, State and even Federal level regarding property rights and affordable housing. Robin Tucker participated in the 2010 Realtor Bus-In held during the 2010 Iowa Legislative Session that ended in March 2010.

ttrco

The Rotary Club of Cedar Rapids Meeting for March 1, 2010

We welcome the month of March today ...

Robin Tucker is a third generation member of Rotary Internaitonal ...
Celebrate Rotary's 105 years of service by contributing to The Rotary Foundation

Meeting and Program:

Monday, March 1, 2010

CROWNE PLAZA HOTEL

Gary Hinzman

Director, Sixth Judicial District Department of Correctional Services

Robin Tucker

Rotary Programs for the Rotary Club of Cedar Rapids for the first half of the year:

• March 3, 2010 - Rotary Club of Cedar Rapids social at Theatre Cedar Rapids
• March 8, 2010 - Woo Jin Jung, New Life Fitness World.
• March 15, 2010 - Doug Brakham, Manager, ADM.
• March 22, 2010 - Brian Connors - Experiences Living and Starting a Small Business in Beijing.
• March 29, 2010 - To be announced.
• April 5, 2010 - Rich Patterson, Director, Indian Creek Nature Center.
• April 12, 2010 - Angie Dethlefs-Trentin, Executive Director, Iowa Council of Foundations.
• April 19, 2010 - Breakout Meetings at Member Businesses.
• April 26, 2010 - Shannon Ramsay, President, Trees Forever.
• May 3, 2010 - Kirk Ferentz, Head Football Coach, The University of Iowa.
• May 10, 2010 - Robert Massey, Executive Director, Orchestra Iowa.
• May 17, 2010 - Joe Jennison, Executive Director, Iowa Cultural Corridor Alliance.
• May 24, 2010 - Charles Swanson, Executive Director, Hancher Auditorium.
• May 31, 2010 - NO ROTARY IN OBSERVANCE OF MEMORIAL DAY.
• June 7, 2010 - John Bloomhall, President, Diamond V Mills.
• June 14, 2010 - To be announced.
• June 21, 2010 - Chris Coleman, President, Better Business Bureau.
• June 28, 2009 - Passing the Gavel and Community Service & Appreciation Awards.

The Object of Rotary

The Object of Rotary is to encourage and foster the ideal of service as a basis of worthy enterprise and, in particular, to encourage and foster:

• FIRST. The development of acquaintance as an opportunity for service;
• SECOND. High ethical standards in business and professions, the recognition of the worthiness of all useful occupations, and the dignifying of each Rotarian's occupation as an opportunity to serve society;
• THIRD. The application of the ideal of service in each Rotarian's personal, business, and community life;
• FOURTH. The advancement of international understanding, goodwill, and peace through a world fellowship of business and professional persons united in the ideal of service.

Avenues of Service

Based on the Object of Rotary, the Avenues of Service are Rotary’s philosophical cornerstone and the foundation on which club activity is based:

• Club Service focuses on strengthening fellowship and ensuring the effective functioning of the club.
• Vocational Service encourages Rotarians to serve others through their vocations and to practice high ethical standards.
• Community Service covers the projects and activities the club undertakes to improve life in its community.
• International Service encompasses actions taken to expand Rotary’s humanitarian reach around the globe and to promote world understanding and peace.

The Four-Way Test

The test, which has been translated into more than 100 languages, asks the following questions:
Of the things we think, say or do

1. Is it the TRUTH?
2. Is it FAIR to all concerned?
3. Will it build GOODWILL and BETTER FRIENDSHIPS?
4. Will it be BENEFICIAL to all concerned?
   

Mission

The mission of Rotary International, a worldwide association of Rotary clubs, is to provide service to others, to promote high ethical standards, and to advance world understanding, goodwill, and peace through its fellowship of business, professional, and community leaders.

Diversity and Rotary

Rotary International recognizes the value of diversity within individual clubs. Rotary encourages clubs to assess those in their communities who are eligible for membership, under existing membership guidelines, and to endeavor to include the appropriate range of individuals in their clubs. A club that reflects its community with regard to professional and business classification, gender, age, religion, and ethnicity is a club with the key to its future.

Moving toward the future

In 2001-02, Rotary International began developing a strategic plan to guide the organization as it entered its second century of service. In June 2007, the Board of Directors approved the RI Strategic Plan 2007-10, which identifies seven priorities:

• Eradicate polio.
• Advance the internal and external recognition and public image of Rotary.
• Increase Rotary’s capacity to provide service to others.
• Expand membership globally in both numbers and quality.
• Emphasize Rotary’s unique vocational service commitment.
• Optimize the use and development of leadership talents within RI.
• Fully implement the strategic planning process to ensure continuity and consistency throughout the organization.

ttrco

Two new items impacting Real Estate Laws in the State of Iowa

We received the following notice on two changes in Iowa real estate law.

The Iowa Supreme Court struck down an Iowa Law relating to Landlords and Property Managers evicting their tenants. Please see the first section below. Additionally, a new radon disclosure requirement will be necessary beginning December 23, 2009. See the second section below.

New Eviction Requirements

Landlords/Property Managers -- Notice to evict requirements!
Certified Mail to notify of eviction under Iowa code 562A.29A(2) - (Uniform Residential Landlord and Tenant Law) - has been deemed unconstitutional by the Iowa Supreme Court (War Eagle Village Apartments vs. Plummer). Effective immediately landlords should follow other methods "reasonably calculated" to reach the intended recipients. Personal service seems to be the only method now currently allowed to ensure an eviction proceeding does not get dismissed on a technicality. Other methods of notice are available, but have more hoops to climb through. The IAR Legislative committee will look at ways to include other methods to deliver notices which may meet the "reasonably calculated" requirements of the court opinion.

New Radon Disclosure Requirement

The new Radon Disclosure requirement is scheduled to go into effect December 23, 2009.
The Iowa Administrative Rule will become effective for all transactions on December 23, 2009. As the Iowa property condition report form must be accurate prior to or at the time a purchase contact becomes binding, it is a good idea to immediately have the sellers become familiar with and utilize the Fact Sheet and the disclosure requirement. Buyers will have to acknowledge they have received the Fact Sheet. There is no requirement that REALTORS® or agents sign off on any radon disclosure. This law is similar to the lead based paint requirements, but without the real estate licensee having verification responsibilities that the requirements have been met.

Click here (IAR password required) to download the new IAR Seller Disclosure of Property Condition form.
The Radon Fact Sheet is created by and available for download by the Iowa Department of Public Health. http://rs6.net/tn.jsp?et=1102847186144&s=8136&e=001i0aX3S_LPCjtD352MZEt7zcW_uG0Ii1OgCiPxRtBUpTGRUHIvlxMzAdjsHnGgDLUc00st5eIhWGalpCkXbJS_osS5slpy0Sk4N2loJT_6EAhXPVqPldeNcqZwJPYNOSLZB5eIMcGBBV40A2_aKlmeWMOY0hSZUEfSM-ASOpWFDX6HSbF0O3fWc1ouO6WifZd . It is also available linked from the IAR website.

Have a great Thanksgiving Holiday! Note our offices are closed Thanksgiving and Friday, November 27Th. We will resume normal office hours on Monday, November 30Th at 8:30 a.m.

ttrco

Rotary Club of Cedar Rapids meeting for November 9, 2009

Robin Tucker is scheduled to attend today's Rotary Club of Cedar Rapids meeting at Noon. Robin is celebrated his 20Th year anniversary as a member of Rotary International in September 2009.

The Rotary Club of Cedar Rapids is now on Twitter! Link

Monday, November 9, 2009

CROWNE PLAZA HOTEL

Today's Speaker and Program:
Dave Vaudt, Auditor

State of Iowa

ttrco

Rotary Club of Cedar Rapids meeting for July 20, 2009

Back in the office, after taking a little time off the past week. Working to get back in the normal routine again, after taking some vacation time. If you have a question, comment or request, feel free to contact our office.

Robin Tucker will be attending today's Rotary Club of Cedar Rapids meeting at Noon.

MONDAY, JULY 20, 2009
CROWNE PLAZA HOTEL

Today's Speaker:

Jack Evans, President of Hall-Perrine Foundation

Member of the State of Iowa Board of Regents

ttrco

July 1, 2009: New Septic Tank Laws are now in effect in the State of Iowa

Do you have a septic tank in Iowa? Are you considering buying or acquiring a house that has a septic tank?

The Iowa Property Owners Alliance has the following as it's Topic of the Week.

Topic of the Week
"Septic Tank Inspection Law"
NEW SEPTIC TANK LAW EFFECTIVE JULY 1, 2009

Ramifications from a statewide septic tank inspection law are already in effect!

Properties subject to the septic system inspection law must have their inspection completed and paperwork filled out if the closing date is after June 30, 2009. Sellers and Buyers may negotiate for both the inspection cost and for any repair or replacement costs. Note: if the system is inspected and it is found to be defective in anyway, it will need to meet current code even if the property transfers or not.

The law only applies to transfers of property containing one to four dwelling units, and there are many types of properties exempt from inspection, most of the exemptions are similar to the exemptions found in the seller disclosure requirements. New exemptions are applicable for transfers which the consideration is $500 or less, intra family business organization transfers, and properties which will be razed or demolished. Systems pumped within three years may be exempt form pumping again, and properties inspected within two years by a certified inspector are exempt from inspection.

The Iowa DNR is currently creating forms to 1. Verify/certify exempt properties, 2. Verify/certify if the property will be demolished or razed, 3. And a Time of Transfer Agreement Binding Acknowledgment for Future Inspection when weather or other conditions necessitate delay of the inspection.

The ground water hazard form has some septic information and compliance regarding the law, but more changes to this form could be forthcoming. The DNR's website will also have the names of certified inspectors, and the Iowa Finance Authority has a program to offer low interest loans to assist in the costs of repair or replacement.

Talk to your local REALTOR® or DNR office for more information.

More Information:
Iowa Code regarding lawAdministrative rules enacted by DNR

You can Sign up for Legislative Alerts through the Iowa Property Owners Alliance

Robin Tucker, Realtor®
Broker/Officer
Tommy Tucker Realty Co.
613 Second Avenue SE
PO Box 848
Cedar Rapids, IA 52406-0848

rtucker@ttrco.com
319-365-6956 Ext. 103
319-366-7792 FAX

ttrco

SEPTIC TANK INSPECTIONS EFFECTIVE JULY 1, 2009!

Iowa Governor Chet Culver vetoes delay per information disclosed today:

The governor vetoed a one year delay in the implementation of the septic tank inspection law. As of July 1 THIS YEAR, all septic tanks, unless exempt, will be required to be inspected and not present an unsanitary condition prior to the county allowing or recording transfer of title. Alert your sellers and buyers on this new requirement!

If a property closes after June 30, 2009, this regulation will be effective.

ttrco