New housing code must stand testing

By The Gazette Editorial Board

Shaking off slings and arrows from some landlords and tenants, the City Council OK'd a controversial new housing code on Tuesday.

The goal is to get tough on problem landlords and tenants. It also adds requirements and fees for good and bad players alike.

We do think it was high time to crack down on chronic violators after a couple of decades of debate and the council's focus since 2006 on bringing nuisance properties into line. However, we also expect that this ordinance will be tested - even in court - and need adjustment down the road.

Among the biggest sticking points was the new requirement for landlords to be licensed, costing $50, and annual registration of their properties instead of once every five years. Registration and other fees were increased as well.

Also drawing fire was the crime-free addendum to leases. It's mandatory for landlords and their tenants to sign. It 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. Yet no criminal conviction is required. The threshold is a “preponderance of the evidence.”

The addendum clearly gives landlords more power to evict problem tenants, but some owners fear they'll be expected to act like police and risk violating tenants' rights.

By comparison, Davenport has used a similar crime-free addendum for more than a decade. Police there say it's helped reduce crime dramatically in troubled neighborhoods. Legal challenges have been few.

But there are differences. In Davenport, landlords must undergo training to secure a license. In turn, the city, through trained volunteers, provides free background checks on prospective tenants, helping landlords better screen applicants. And the crime-free addendum is voluntary, although most landlords there participate.

We urge Cedar Rapids city officials to create a background check program similar to Davenport's. We'd also like to see more education on each party's responsibilities in this redefined relationship offered to landlords and tenants.

As for the new license fee and higher, more frequent, registration charges, these may well be the cost of consistently enforcing safety and health standards in our community's housing stock. Certainly, city inspectors must demonstrate fair, effective use of this new money.

Meanwhile, police, working with landlords, should ensure the new law is applied with discernment.

Problem tenants need to be held responsible. But tenants who are strictly victims of crime shouldn't be punished.

And after a year's worth of enforcing the new ordinance, the City Council should measure whether it's working as intended.