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Bryce Westphal, left, and Brian Denlinger play a ring toss game in their front yard.
RICK CHASE / Courier Staff Photographer
RICK CHASE / Courier Staff Photographer
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The law of the landlords
By JON ERICSON, Courier Staff Writer
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Video: Law of the land »
CEDAR FALLS --- Brian Denlinger, a University of Northern Iowa student who rents a house in the College Hill area, doesn't often pay attention to city politics.
But after a visit from his landlord, he went out and voted in the recent city elections, hoping his vote could help stop a new landlord accountability ordinance.
"I don't think it's a good thing. I think it's way too strict and not very reasonable," Denlinger said.
Denlinger said the ordinance, which looks to add teeth to existing city codes on issues ranging from overflowing trash bins to loud parties, goes too far.
"I understand the point, to beautify the community," Denlinger said. "But it's a college town, and people have to accept some things."
As it was formed, City Council members expected the landlord accountability measure could help increase communication between the city and landlords and help out renters who live in substandard properties.
Soon the begin a one-year trial period, the ordinance has alienated a large percentage of landlords and renters alike.
A year ago the City Council, after years of hearing pleas from neighborhood residents to do something to clean up rental housing, decided to get more aggressive. What resulted is the landlord accountability ordinance.
The ordinance could lead to revocation of landlords' rental permits and eviction of tenants in problem properties. Landlords have had sharp criticism for it since it was introduced three weeks ago.
Jane Reppas, a College Hill property owner and member of Landlords of Black Hawk County, feels the ordinance is overblown.
"If there is a real specific problem and there are very targeted ordinances that address the problem, I don't think people would have a problem with that," she said. "But this is just too much."
Some landlords say if the city did a better job of enforcing existing ordinances, the new law wouldn't be needed.
Councilman Frank Darrah thinks the intent of the ordinance is good, but the details may need to be refined.
"It did one of the things we wanted in that it got people's attention," Darrah said.
On Monday, Darrah proposed the city establish an oversight committee during the one-year test to evaluate how the ordinance is working. He expects the committee would include several landlords.
"I think we need to reach the agreement that there are some bad situations in town, and those need to be dealt with," Darrah said.
Outraged landlords have offered doomsday predictions about the measure. Some say property values will decline because people won't want to purchase rental properties. Students fear being kicked out of their apartments.
Council members have urged patience. During the one-year trial period no penalties will be assessed.
The city is documenting concerns during the test run and will use the input to tweak the ordinance. However, city administrative services director Richard McAlister said no changes will be made to the draft ordinance during the review process.
"We know right now that some of those items will have to be changed. Some could result in points accumulating too quickly, and that's certainly not what we intend," McAlister said.
McAlister doesn't expect the ordinance ultimately adopted by the council will be the same one used for the next year.
"It may be, in the end, that people feel the ordinance has no merit, and it will not be adopted. At the other extreme, it could be adopted as it is. My feeling is it will end up with something in the middle," he said.
The ordinance was a response to complaints from residents weary of problems associated with some rental properties --- trash left in yards, loud parties and congested parking. For years, some residents have asked the council why it couldn't make landlords aware of bad behavior at their properties and make them responsible. City staff started working on something that would address those concerns a year ago.
"The underlying purpose is to try to get properties to comply with existing laws so it benefits the neighborhood as a whole," McAlister said.
The test ordinance creates a point system for rental properties. The ordinance lists 29 different transgressions, ranging from overflowing trash bins to unshoveled snow to loud parties to houses illegally converted to duplexes. Offenses carry a point total ranging from three to 15 points.
If a certain property accumulates 15 points in a year, the landlord could lose the right to rent that property for six months. Repeat offenses would lead to a longer rental permit suspension.
Landlords would be notified in writing each time points are assigned to a property and would be able to appeal that assessment.
McAlister said the city will work to get compliance with existing ordinances, rather than trying to get landlords' licenses pulled or tenants evicted.
"Our objective is not to give someone the death penalty, but to encourage compliance. We're going to be cautious with it. We're not going to be overzealous," McAlister said.
The ordinance was modeled after a similar law in Gainesville, Fla.
Lorie Podolsky, code enforcement officer in Gainesville, said the ordinance has been on the books since the early 1990s. The ordinance has not been strongly enforced.
"As far as I know we haven't revoked anyone's permit," Podolsky said.
However, the ordinance was changed this summer to give it more bite after complaints from homeowners about rental properties.
The point scale in Gainesville is different than in Cedar Falls, but the concept is the same. Initially, a rental permit could be revoked if a landlord accumulated six points in a one-year period. The new ordinance makes it six points over three years.
Podolsky said the change went through with little opposition, but landlords have come alive since it took affect and they started receiving letters notifying them of violations.
"Now that they're getting their letters, we hear from them nearly every day," Podolsky said.
Gainesville does have a case in progress where the city is getting ready to revoke a rental permit.
The Gainesville ordinance does have a provision that allows landlords in most cases to avoid revocation if the tenants who caused problems are evicted. As a result, Podolsky said, many landlords have language in their leases that call for eviction if any points are assessed against a property.
The "eviction clause" is a possibility in Cedar Falls as well.
Bob Coyle, manager of Pointe West apartments, told the City Council he would put eviction language into his leases if a property gathered points. He said he would be inclined to make the accumulation of any points cause for eviction for students.
"I'm not going to lose my license because of imprudent actions of an 18, 19 or 20 year old," Coyle told the council.
Dale Webb, another Cedar Falls landlord, said he can't be expected to police what students do in their living rooms. Like other landlords, Webb said he has no right to check on whether underage tenants may be drinking in the house, and questions why he can earn points for it.
"The ordinance appears to be trying to make me a surrogate father. I'm not their father. I provide for them a safe and clean environment to move in to. What they do with their environment is up to them," Webb said.
Landlords have been almost universally opposed to the ordinance.
The foremost complaint is the ordinance isn't necessary. It combines an array of existing city codes and ordinances and puts them into a package to arrive at the points system.
Reppas owns numerous properties in Cedar Falls. She heard the city staff members say the code offers nothing new for landlords to comply with. She didn't agree.
"They say everything there is in the code, there is nothing new. Well, there is something new: They can take away a landlord's livelihood and put students on the street without due process," Reppas said.
Some city offcials said the ordinance was created to improve communication with landlords. So far, it's just widened a rift between landlords and the city.
Last spring the council met to talk about rental housing issues and invited a number of landlords. The possibility of a points system was discussed, among many other possibilities.
During the intervening months, landlords didn't have any input into the draft ordinance, and many of them feel slighted.
Reppas and fellow Landlords of Black Hawk County member Karen Atwood said the city should strive to work better with landlords. They worked with the city of Waterloo on maintenance codes and think the results have benefited both parties.
But Reppas said the relationship between landlords and the city of Cedar Falls has continued to deteriorate.
"It isn't just the landlord code, it's the one before that and the one before that," Reppas said. She said landlords find it difficult to fix up properties in the College Hill area because of restrictions in the zoning overlay.
"I think underneath all of this, it's an all-out attack on students and landlords."
Landlords have found some sympathy at the City Council with concerns about the makeup of the appeals board. The original proposal called for city department heads to be joined by one community member, likely a landlord.
Councilman Tom Hagarty questioned that plan. Since the department heads oversee the enforcement of the code, they shouldn't be the board, Hagarty said. He likened it to going to court and finding the cop who arrested you serving as judge and jury. Landlords have been using the same example.
Webb said it is basically a hangman's court.
Others on the council have noted Hagarty's concerns and may act on them before any final ordinance is approved.
While opponents of the ordinance have been the most vocal, others feel it is time for the city to do something about problem properties.
Northern Iowa Student Government president Andrew Morse said the idea behind the ordinance is sound, but more work needs to be done.
"The overall, general idea of the policy is good in that it provides some security for students or residents who have moved in to a place where it's not up to standards," Morse said. "I think they're taking the right steps."
Morse had problems with the idea of a resident paying for something that is the fault of the landlord or vice versa. The student government also had concerns about students being kicked out of a rental unit in the middle of a semester. The City Council expressed a willingness to work on that issue, but nothing is settled.
Darrah said the ordinance should be geared toward absentee landlords.
"To me, the majority of landlords won't ever be affected by this. I think the ones that are affected are the ones that do tend to look the other way," Darrah said.
Darrah also thinks the city needs to do a better job of enforcing existing city ordinances.
The trial period of the ordinance has not yet begun.
Contact Jon Ericson at (319) 291-1461 or jonathan.ericson@wcfcourier.com.
Video: Law of the land »CEDAR FALLS --- Brian Denlinger, a University of Northern Iowa student who rents a house in the College Hill area, doesn't often pay attention to city politics.
But after a visit from his landlord, he went out and voted in the recent city elections, hoping his vote could help stop a new landlord accountability ordinance.
"I don't think it's a good thing. I think it's way too strict and not very reasonable," Denlinger said.
Denlinger said the ordinance, which looks to add teeth to existing city codes on issues ranging from overflowing trash bins to loud parties, goes too far.
"I understand the point, to beautify the community," Denlinger said. "But it's a college town, and people have to accept some things."
As it was formed, City Council members expected the landlord accountability measure could help increase communication between the city and landlords and help out renters who live in substandard properties.
Soon the begin a one-year trial period, the ordinance has alienated a large percentage of landlords and renters alike.
A year ago the City Council, after years of hearing pleas from neighborhood residents to do something to clean up rental housing, decided to get more aggressive. What resulted is the landlord accountability ordinance.
The ordinance could lead to revocation of landlords' rental permits and eviction of tenants in problem properties. Landlords have had sharp criticism for it since it was introduced three weeks ago.
Jane Reppas, a College Hill property owner and member of Landlords of Black Hawk County, feels the ordinance is overblown.
"If there is a real specific problem and there are very targeted ordinances that address the problem, I don't think people would have a problem with that," she said. "But this is just too much."
Some landlords say if the city did a better job of enforcing existing ordinances, the new law wouldn't be needed.
Councilman Frank Darrah thinks the intent of the ordinance is good, but the details may need to be refined.
"It did one of the things we wanted in that it got people's attention," Darrah said.
On Monday, Darrah proposed the city establish an oversight committee during the one-year test to evaluate how the ordinance is working. He expects the committee would include several landlords.
"I think we need to reach the agreement that there are some bad situations in town, and those need to be dealt with," Darrah said.
Outraged landlords have offered doomsday predictions about the measure. Some say property values will decline because people won't want to purchase rental properties. Students fear being kicked out of their apartments.
Council members have urged patience. During the one-year trial period no penalties will be assessed.
The city is documenting concerns during the test run and will use the input to tweak the ordinance. However, city administrative services director Richard McAlister said no changes will be made to the draft ordinance during the review process.
"We know right now that some of those items will have to be changed. Some could result in points accumulating too quickly, and that's certainly not what we intend," McAlister said.
McAlister doesn't expect the ordinance ultimately adopted by the council will be the same one used for the next year.
"It may be, in the end, that people feel the ordinance has no merit, and it will not be adopted. At the other extreme, it could be adopted as it is. My feeling is it will end up with something in the middle," he said.
The ordinance was a response to complaints from residents weary of problems associated with some rental properties --- trash left in yards, loud parties and congested parking. For years, some residents have asked the council why it couldn't make landlords aware of bad behavior at their properties and make them responsible. City staff started working on something that would address those concerns a year ago.
"The underlying purpose is to try to get properties to comply with existing laws so it benefits the neighborhood as a whole," McAlister said.
The test ordinance creates a point system for rental properties. The ordinance lists 29 different transgressions, ranging from overflowing trash bins to unshoveled snow to loud parties to houses illegally converted to duplexes. Offenses carry a point total ranging from three to 15 points.
If a certain property accumulates 15 points in a year, the landlord could lose the right to rent that property for six months. Repeat offenses would lead to a longer rental permit suspension.
Landlords would be notified in writing each time points are assigned to a property and would be able to appeal that assessment.
McAlister said the city will work to get compliance with existing ordinances, rather than trying to get landlords' licenses pulled or tenants evicted.
"Our objective is not to give someone the death penalty, but to encourage compliance. We're going to be cautious with it. We're not going to be overzealous," McAlister said.
The ordinance was modeled after a similar law in Gainesville, Fla.
Lorie Podolsky, code enforcement officer in Gainesville, said the ordinance has been on the books since the early 1990s. The ordinance has not been strongly enforced.
"As far as I know we haven't revoked anyone's permit," Podolsky said.
However, the ordinance was changed this summer to give it more bite after complaints from homeowners about rental properties.
The point scale in Gainesville is different than in Cedar Falls, but the concept is the same. Initially, a rental permit could be revoked if a landlord accumulated six points in a one-year period. The new ordinance makes it six points over three years.
Podolsky said the change went through with little opposition, but landlords have come alive since it took affect and they started receiving letters notifying them of violations.
"Now that they're getting their letters, we hear from them nearly every day," Podolsky said.
Gainesville does have a case in progress where the city is getting ready to revoke a rental permit.
The Gainesville ordinance does have a provision that allows landlords in most cases to avoid revocation if the tenants who caused problems are evicted. As a result, Podolsky said, many landlords have language in their leases that call for eviction if any points are assessed against a property.
The "eviction clause" is a possibility in Cedar Falls as well.
Bob Coyle, manager of Pointe West apartments, told the City Council he would put eviction language into his leases if a property gathered points. He said he would be inclined to make the accumulation of any points cause for eviction for students.
"I'm not going to lose my license because of imprudent actions of an 18, 19 or 20 year old," Coyle told the council.
Dale Webb, another Cedar Falls landlord, said he can't be expected to police what students do in their living rooms. Like other landlords, Webb said he has no right to check on whether underage tenants may be drinking in the house, and questions why he can earn points for it.
"The ordinance appears to be trying to make me a surrogate father. I'm not their father. I provide for them a safe and clean environment to move in to. What they do with their environment is up to them," Webb said.
Landlords have been almost universally opposed to the ordinance.
The foremost complaint is the ordinance isn't necessary. It combines an array of existing city codes and ordinances and puts them into a package to arrive at the points system.
Reppas owns numerous properties in Cedar Falls. She heard the city staff members say the code offers nothing new for landlords to comply with. She didn't agree.
"They say everything there is in the code, there is nothing new. Well, there is something new: They can take away a landlord's livelihood and put students on the street without due process," Reppas said.
Some city offcials said the ordinance was created to improve communication with landlords. So far, it's just widened a rift between landlords and the city.
Last spring the council met to talk about rental housing issues and invited a number of landlords. The possibility of a points system was discussed, among many other possibilities.
During the intervening months, landlords didn't have any input into the draft ordinance, and many of them feel slighted.
Reppas and fellow Landlords of Black Hawk County member Karen Atwood said the city should strive to work better with landlords. They worked with the city of Waterloo on maintenance codes and think the results have benefited both parties.
But Reppas said the relationship between landlords and the city of Cedar Falls has continued to deteriorate.
"It isn't just the landlord code, it's the one before that and the one before that," Reppas said. She said landlords find it difficult to fix up properties in the College Hill area because of restrictions in the zoning overlay.
"I think underneath all of this, it's an all-out attack on students and landlords."
Landlords have found some sympathy at the City Council with concerns about the makeup of the appeals board. The original proposal called for city department heads to be joined by one community member, likely a landlord.
Councilman Tom Hagarty questioned that plan. Since the department heads oversee the enforcement of the code, they shouldn't be the board, Hagarty said. He likened it to going to court and finding the cop who arrested you serving as judge and jury. Landlords have been using the same example.
Webb said it is basically a hangman's court.
Others on the council have noted Hagarty's concerns and may act on them before any final ordinance is approved.
While opponents of the ordinance have been the most vocal, others feel it is time for the city to do something about problem properties.
Northern Iowa Student Government president Andrew Morse said the idea behind the ordinance is sound, but more work needs to be done.
"The overall, general idea of the policy is good in that it provides some security for students or residents who have moved in to a place where it's not up to standards," Morse said. "I think they're taking the right steps."
Morse had problems with the idea of a resident paying for something that is the fault of the landlord or vice versa. The student government also had concerns about students being kicked out of a rental unit in the middle of a semester. The City Council expressed a willingness to work on that issue, but nothing is settled.
Darrah said the ordinance should be geared toward absentee landlords.
"To me, the majority of landlords won't ever be affected by this. I think the ones that are affected are the ones that do tend to look the other way," Darrah said.
Darrah also thinks the city needs to do a better job of enforcing existing city ordinances.
The trial period of the ordinance has not yet begun.
Contact Jon Ericson at (319) 291-1461 or jonathan.ericson@wcfcourier.com.
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cfrez wrote on Nov 18, 2007 9:42 AM: