CEDAR RAPIDS – The Landlords of Linn County, a group that represents most landlords in Cedar Rapids, has filed a lawsuit against the city of Cedar Rapids.
The lawsuit seeks to either change or eliminate the latest city ordinance which modifies the rules governing landlords and renters in the city. It’s commonly referred to as Chapter 29, and the rules hadn’t been changed for many years.
The ordinance is already in effect since it was published in The Gazette in July.
In summary, the lawsuit says the new ordinance is too vague to be enforced.
Here are some of the most interesting points -
- Landlords must sign a Crime Free Lease Addendum. In that agreement, residents, guests or “other persons affiliated with the resident” may not engage in any criminal activity, including simple misdemeanors, on the rental property. None of those parties may engage in specified crimes within 1,000 feet of the residence.
- If the addendum is violated, landlords have good cause to terminate a lease and evict a resident. However, the lawsuit says Ch. 29 states “No proof of conviction is required.”
- Landlords may lose their license to rent property in Cedar Rapids if someone violates the Crime Free Lease Addendum and the landlord acts “Without any notable of reasonable effort at enforcement.”
Landlords of Linn County said those requirements don’t come with any guidance. Stephanie Feuss, President of Landlords of Linn County, raised several questions, like, must the landlord evict the renter, or must they just attempt to evict a renter? She also asked what happens if the court denies the eviction, must the landlord appeal, and how soon must the eviction action take place?
Cassie Willis, Communications Liaison for Cedar Rapids said the city won’t comment now that a lawsuit has been filed. However, last week before the lawsuit, the city said it stands behind the ordinance and believes will reduce crime.
The city has said the lawsuit is modeled after a similar ordinance in Davenport. However, Feuss said Davenport’s ordinance is easy to read and understand.
Tracey Benson, President of the National Association of Independent Landlords said the ordinance in Cedar Rapids is “a bit overkill.” She said her organization hadn’t heard of another city with such a strict ordinance.
She also worried that landlords would have a hard time following when any of their renters, guests or anyone connected with the renter commit any crime on the property. “They would have to spend all day looking at court records,” said Benson.
Capt. Kevin Murphy, Davenport Police, said his officers indicate in their reports each time they visit a rental unit. He said the officer checks and box on the report and a letter is automatically generated and sent to the landlord. He said that letters informs landlords why police were called, and the result of that call.
Feuss said Cedar Rapids doesn’t have any plans like that in place.
Murphy also said his city had a learning curve with their ordinance, which is why his department now offers classes so everyone fully understands the ordinance. He also said the city is constantly updating and revising the ordinance.
Feuss said Cedar Rapids has 20 days to respond to the lawsuit. Feuss expects the process to last at least 90 days.
