Landlord-tenant ordinance fails the test

By The Gazette Editorial Board

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A year ago, we predicted likely legal challenges to a new Cedar Rapids city housing code ordinance aimed at cracking down on problem tenants and landlords. Well, it was tested. And it lost.

The Landlords of Linn County's lawsuit objected to parts of the ordinance, especially the crime-free lease addendum. Earlier this month, District Court Judge Nancy Baumgartner ruled that the addendum was “void and unenforceable.”

The intent of the addendum was good: Reduce crime in rentals where there were ongoing or frequent problems.

But as city officials review what didn't fly with this ordinance, we hope they thoroughly review the successful model used in Davenport for more than a decade.

The Cedar Rapids ordinance mandated that landlords and tenants sign the crime-free lease addendum. The agreement essentially states that if a tenant, guest or other person affiliated with the resident engages in any illegal activity on or near the premises, the tenant's lease can be terminated. A single violation can be enough cause. No criminal conviction is required. The threshold is a “preponderance of the evidence.”

Many landlords objected to the provision that such violations would constitute “good cause for the immediate termination of tenancy.” Evicting a tenant can be a lengthy process and run into hundreds or thousands of dollars in legal expenses.

A fair concern. And as Stephanie Danielsen, president of Landlords of Linn County, told a reporter, “five percent of landlords cause 90 percent of the problems.”

Nonetheless, we hope the city doesn't give up on the crime crackdown. Collaborating with responsible landlords to come up with an improved ordinance.

In Davenport, landlords must undergo training to secure a license but, in return, the city, using trained volunteers, provides free background checks on prospective tenants. The crime-free addendum is voluntary, yet most landlords participate. Police there report substantial reduction of crime in troubled neighborhoods.

Cedar Rapids police had been looking at a volunteer-based screening program. But Lt. Chuck Mincks, who led the crime-free multihousing program, retired last fall and no one else in the department or elsewhere in the city was designated to pursue the effort, Sgt. Cristy Hamblin told us Friday.

“It's a great idea and we'd still like to see it done,” Hamblin said. She also noted that landlords can request, for a fee, background checks from the DCI, which also will do a credit check.

Matt Widner of the city's Code Enforcement Department said the city, renters and landlords must work together to make Cedar Rapids a safer place. Yes, the court ruling should not be the end. Find a better way.

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