‘Right to assistance’ law may prompt few changes for Cedar Rapids nuisance ordinance

DES MOINES - State lawmakers approved a law this week restricting use of 911 calls as evidence for determining troublesome properties when the calls concern victims in emergency situations, such as domestic abuse or other crimes.

Cedar Rapids vocally opposed a version of the law last year saying it would gut the local nuisance property ordinance, which leans on landlords to abate properties with regular disturbances. However, the 'right to assistance” law approved this week poses little conflict with the SAFE-CR ordinance, which was amended in February, local officials said Thursday.

'The bill that passed this year's legislative session is significantly different from last year's bill,” said Greg Buelow, a spokesman for the Cedar Rapids Police Department. 'The City of Cedar Rapids supports victim protection and this bill will ensure that it will happen statewide. The legislation continues to allow for the SAFE-CR program to operate as it does now because Chapter 22A does not apply to victims of crime and victims of domestic abuse.”

House file 493 passed unanimously in the Senate in early April and unanimously in the House on Wednesday. If signed by Gov. Terry Branstad, cities would not be allowed to enforce local ordinances conflicting with the law. Branstad hasn't seen he bill, and therefore hasn't decided if he will sign it, but a decision will be required within 30 days of the end of the legislative session, an aide said.

Cedar Rapids had been registered as opposed to the law until about 2 p.m., Thursday, when the position switched to undecided. No other entities opposed the law in 2016, although the Iowa League of Cities was registered in opposition in 2015.

The Cedar Rapids ordinance was designed to root out 'nuisance properties” by holding landlords accountable for properties subject to frequent police calls, and as such tenants in nuisance properties could be evicted. The ordinance, and others like it around the state, were challenged as being overly broad with a chilling affect on contacting police when emergency situations arise.

American Civil Liberties Union of Iowa, Iowa Coalition Against Domestic Violence, Iowa Coalition Against Sexual Assault and the Iowa Landlord Association, among others, pushed lawmakers to draft the new law approved this week.

In February, after working with a focus group of local stakeholders, including social service agencies, landlords, and shelters, Cedar Rapids modified its SAFE-CR ordinance. Chapter 22A of the city code now specifies 'calls made for emergency assistance” will not be a factor in enforcing the ordinance, and special consideration will be made for situations involving people with mental health conditions.

Buelow said the law and the city ordinance don't restrict all 911 calls being used to enforce the ordinance.

Pete McRoberts, legislative counsel for ACLU of Iowa, applauded Cedar Rapids' modifications and said while additional tweaks may be needed, the revised ordinance largely complies with the right to assistance law. It shows 'amazing progress,” he said.

'We support the changes made in Cedar Rapids this year,” McRoberts said. 'What Cedar Rapids did (modifying the ordinance) is very good, and very good for crime victims.”

McRoberts disputes that the bill is much different from last year. The only major difference for Cedar Rapids is the modified ordinance, he said.

'The bill contains all of the same protections necessary to keep people safe in their homes and prevent bad actors from penalizing people from calling police when they need to call them,” he said.

One aspect of the Cedar Rapids ordinance that may need changes is whether a 911 call must be considered both 'reasonable and necessary” as opposed to 'reasonable or necessary.”

'To do both is a burden far too high,” McRoberts said. 'If a good Samaritan makes a mistake, someone shouldn't be penalized.”

According to the language of the bill, cities can't enforce penalties against a 'resident, owner, tenant, or landlord” if a police call was made 'by or on behalf of a victim of abuse, a victim of a crime, or an individual in an emergency” if a 'reasonable belief” existed the assistance was needed or if it was 'actually needed.”

State Senator Rob Hogg, D-Cedar Rapids, had raised questions about the right to assistance bill in 2015, but sponsored it in the senate this year. The biggest difference is last year's version said cities could not consider any emergency call, while the new version specifies which calls can't be considered, he said. Hogg said the bill offers protections for victims, but cities can still consider many 911 calls in its nuisance ordinance.

'In my opinion, there's virtually nothing if the law would pass that would conflict with current Cedar Rapids ordinance,” Hogg said. 'The bill struck a balance that works for cities and advocates that want to make sure people who are facing criminal conduct can freely call without have to worry about it.”

Mari Davis, a landlord with several properties in Cedar Rapids, remains skeptical about the Cedar Rapids ordinance, which she said still unfairly penalizes specific landlords, properties and neighborhoods.

'It's a matter of what they say and what they do are not the same thing,” Davis said. 'The policy may say this, but it may not be what they do. I can't believe for a minute based on what has happened over the history in Cedar Rapids, they are not using a blanket policy. It's just couched differently.”