Crime-free ordinance violates Constitution

For an already struggling city to pass through legislation and make the city vulnerable to lawsuits seems irresponsible of our leaders. I don't know why any voter would support a City Council member who votes in favor of Chapter 29 as it is proposed today. The proposed ordinance has some serious legal flaws. For starters:

l The crime free lease addendum violates the U.S. Constitution as the language states tenants can be evicted on “preponderance of the evidence” instead of on a criminal conviction.

l Civil rights - If someone refuses to sign the crime-free lease addendum, then have we unfairly discriminated against them? Has the Council been talking to the Civil Rights Commission?

l By licensing landlords who already have an Iowa real estate license, the city is taking jurisdiction that is the responsibility of the Iowa Real Estate Commission. Has the city contacted the commission?

l Section 29.04: What is the definition of 29.04(f)(6) “failing to take reasonable and effective remedial action”, and 29.04(h)(1 & 2) “reasonable and verifiable actions on a timely basis to remediate the violation”? If the landlord is held accountable, the code should clearly state exactly what needs to be done to remedy the situation.

It seems a proactive approach, and understanding the implications before passing Chapter 29 would be much better then a reactive one. If lawsuits are what the city wants, lawsuits we shall give them.

Tim Conklin

Broker

Hiawatha