HomeMy WebLinkAbout2021-05 CCO CITY OF BROOKLYN CENTER
ORDINANCE NO. 2021-05
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF
ORDINANCES REGARDING TENANT PROTECTION
THE CITY OF BROOKLYN CENTER DOES ORDAIN:
Article I. Legislative Findings. The City Council of the City of Brooklyn Center hereby finds
and determines as follows:
a. Tenants of affordable housing units have an income of 80% or less, and in some case much
less, of the area median income and so have few resources to fight predatory practices,
unjustified repair fees, retaliation, or other practices that exploit tenants within affordable
housing buildings;
b. Vacancy rates in the City, at approximately 2%, are very low and are even lower than the Twin
Cities regional average;
c. In addition to a significant and sustained housing shortage,the residential eviction moratorium
enacted in Minnesota in response to the COVID-19 pandemic has nearly been entirely phased
out, and with only very limited exceptions,tenants are able to be evicted;
d. The City Council regularly receives complaints at its meetings from residents of affordable
housing units regarding how they are treated by the owners and the resulting negative
emotional and financial impacts of those interactions;
e. The City's 2040 Comprehensive Plan identifies several broad housing goals, including (1)
promoting a diverse housing stock that provides safe, stable, and accessible housing option to
all of the City's residents, (2) recognition and identification of ways to match the City's
housing with the City's changing demographics, (3) exploring opportunities to improve the
City's housing policies and ordinances to make them more responsive to current and future
residents, (4)maintaining the existing housing stock in primarily single-family neighborhoods
through proper ordinances, incentive programs and enforcement, and (5) exploring
opportunities to incorporate new affordable housing into redevelopment areas that promote
safe, secure and economically diverse neighborhoods;
f. In addition to these goals, the 2040 Comprehensive Plan identifies implementation strategies
as well as resources and tools for achieving its housing goals;
g. The City Council previously adopted Section 12-912D to establish certain tenant protections
for those living within affordable housing units as an initial step to address the exploitation of
these tenants,and the City is currently working with the Center for Urban and Regional Affairs
and Research in Action on a citywide housing study;
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h. However, in light of the current housing shortage,the reversal of the eviction moratorium, and
in response to complaints from tenants of affordable housing units in the City,the City Council
determines it is necessary to expand the initial protections in order to promote housing stability
and protect the health, safety, and welfare of those living within affordable housing units; and
i. The tenant protections adopted as part of Section 12-912D are intended to be part of the health
and safety covenants in Minnesota Statutes, section 504B.161, subdivision 1(a)(4) and as
additional conditions provided for by ordinance as acknowledged in subdivision 4 of the same
statute.
Article II. Brooklyn Center City Code, Section 12-201 is amended by adding the following
definition and renumbering the subsequent definitions as needed:
. Just Cause—any of the bases listed under Section 12-912D(5) upon which an owner of an
affordable housing building may terminate tenancy.
Article III. Brooklyn Center City Code, Section 12-912D is amended by adding subsections 12-
912D(4), 12-912D(5), and 12-912D(6) as follows, and renumbering the subsequent subsections as
needed:
4. Pre-Eviction Filing Notice. Except as provided otherwise in this subsection, an owner of an
affordable housing unit shall provide at least 30 days' written notice to a tenant prior to filing
an eviction action on the basis of either: (a) an alleged non-payment of rent; or (b) an alleged
material breach of a lease.
a. Notices for Non-payment of Rent. For an allegation of any non-payment of rent,the notice
shall,at a minimum,include the following information:
(I) The name, mailing address, and telephone number of the person authorized to
receive rent and fees on behalf of the owner;
(2) The total amount of money due and owing to the owner by the tenant;
(3) A specific accounting of the money due and owing to the owner by the tenant.
including any past due rents, any late fees, and any other charges; and
(4) The deadline by which the total amount due and owing to the owner by the tenant
shall be paid to avoid an eviction action, which shall be no earlier than 30 days
from the date on which the notice is delivered.
b. Notices for Material Breach of a Lease. For an allegation of a material breach of a
lease, the notice shall, at a minimum, include the following information:
(1) The name,mailing address, and telephone number of the owner;
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(2) A description of the specific conduct that the owner alleges is a violation of the
lease, including the dates of the violations and the persons who committed the
alleged violations;
(3) Identification of the specific clause of the lease alleged to have been violated;
(4) Notification that the tenant has the right to correct the alleged breach;
(5) Notification of how the tenant may correct the alleged breach:,
(6) The deadline by which the alleged breach shall be corrected to avoid an eviction
action, which shall be no earlier than 30 days from the date on which the notice is
delivered; and
(7) A copy of the lease attached to the notice.
c. Exception for Expedited Eviction Actions. For an expedited eviction action filed
pursuant to Minnesota Statutes, section 504B.321, subdivision 2, the owner shall
provide the notice required by Section 12-912D(4)(d) at least three days in advance of
filing the eviction action.
d. Additional Notice Requirements. All notices under this subsection shall also include
the following information:
(1) Notification that the tenant may be evicted if they do not pay the past due rent or
correct the alleged breach of lease by the deadline, as applicable;
(2) Information about accessing rental assistance by calling 211 or visiting
https://www.21lunitedway.org/; and
(_3_). Information about accessing legal help by visiting the Law Help Website at
https://www.lawhelpmn.org/.
e. Delivery of Notice. The owner, or an agent for the owner, shall deliver any notice
required by this subsection personally or by first-class mail to the address of the
affordable housing unit. Such notice may, in addition to but not in place of personal
delivery or delivery by first-class mail, be delivered to any email or other electronic
means to the tenant at the tenant's email address or electronic account.
f. Enforcement. In addition to any other remedy available at equity or law, failure to
comply with the provisions of this subsection may result in adverse rental license
actions,the imposition of administrative fines, or other penalties as provided in law.
g Waiver Not Allowed. The parties to a written or oral lease of an affordable housing
unit shall not waive or modify the requirements imposed by this subsection. Any such
waiver provision that may exist in a lease is not enforceable.
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5. Just Cause Notice of Nonrenewal of Lease to Tenants.
a. Just Cause Notice. An owner of an affordable housing unit shall not issue a notice of
nonrenewal of tenancy, refuse to renew,or issue a notice to quit unless the owner is able
to establish one or more of the following grounds for such action:
(1) Non-payment of Rent. The tenant fails to pay all monies owed to an owner after
receiving a written notice of non-payment from the owner;
(2) Material Non-Compliance. The tenant fails to cure a material breach of the lease after
receiving a written notice from the owner;
(3) Refusal to Renew. The tenant refuses to renew or extend the lease after the owner
requests in writing that the tenant do so;
(4) Occupancy by Property Owner or Family Member. The owner,in good faith,seeks to
recover possession of the unit so that the owner or a family member may occupy the
unit as that person's principal residence;
15) Building Demolishment or Conversion.The owner either:
(i) Elects to demolish the building in which the affordable housing unit is located,
convert it to a cooperative,provided the owner complies with the provisions of
Minnesota Statutes, chapter 515B,or convert it to non-residential use,provided
that the owner shall obtain all permits necessary to demolish or change the use
before terminating any tenancy;
(ii) The owner seeks,in good faith,to recover the unit to sell it in accordance with a
condominium conversion, provided the owner complies with the provisions of
Minnesota Statutes,chapter 515B;or
iii The unit is being converted to a unit subsidized under a local, state, or federal
housing program and the tenant does not qualify to rent the unit under that
program;
(6) Rehabilitation and Renovation. The owner seeks,in good faith,to recover possession
of the unit that will render the unit uninhabitable for the duration of rehabilitation or
renovation;
(7) Complying with a Government Order to Vacate. The owner is complying with a
government agency's order to vacate,order to abate,or any other order that necessitates
the vacating of the unit as a result of a violation of City Code or any other provision of
law including, but not limited to, Section 12-911 related to conduct, disorderly
activities,or nuisances;or
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(8) Occupancy Conditioned on Employment. The tenant's occupancy is conditioned upon
employment on the property and the employment relationship is terminated.
b. Owner Responsibilities. Any lease for an affordable housing unit shall include just
cause notice language as follows:
"The landlord under this lease shall not unilaterally terminate or attempt to terminate
the tenancy of any tenant unless the landlord can prove that just cause exists. The
reasons for termination or nonrenewal of tenancy listed in the City of Brooklyn
Center's Just Cause Notice (Section 12-912D(5)), and no others, shall constitute just
cause under this provision."
c. Nonrenewal Notice Requirements. An owner providing a notice of nonrenewal of a
tenancy to a tenant of an affordable housing unit shall: (1) comply with all notice
requirements under the lease and applicable law; (2) include in such notice a written
statement of the reasons for the nonrenewal and the facts in support of those reasons,
and (3) maintain documentation totaling the number of notices of nonrenewal issued
by the owner.
d. City Right to Inspection of Nonrenewal Notices. Within ten days of any request by the
City,the owner of an affordable housing building shall provide to the City copies of its
documentation totaling the number of notices of nonrenewal issued by the owner.
e. Application. This Section applies to every lease, written or oral, for an affordable
housing unit.
f. Waiver Not Allowed. The parties to a written or oral lease of an affordable housing
unit shall not waive or modify the requirements imposed by this subsection. Any such
waiver provision that may exist in a lease is not enforceable.
6. Private Enforcement of Tenant Protection Ordinance. Any tenant or former tenant of an
affordable housing unit harmed by an owner's violation of this Section 12-912D may bring
an action against the owner in district court. Such person shall be entitled to all remedies
available at law or in equity including,but not limited to,damages and injunctive relief. Any
plaintiff that prevails in such action may be awarded reasonable attorney's fees and expenses.
Article IV. Brooklyn Center City Code, Section 12-1401 is amended by adding the double-
underlined language and deleting the stricken language as follows:
Section 12-1401. SEPARABILITY. Every Section, provision, or part of this Ordinance
Chapter is declared separable from every other Section, provision, or part to the extent that if any
Section, provision or part of the Chapter shall be held invalid, it shall not invalidate any other
Section, provision or part thereof
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Article V. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Article VI. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this 28th day of February, 2022.
ike Elliott, ayor
ATTEST:
City Clerk
Date of Publication: March 10, 2022
Effective Date: April 9,2022
(Strikeout indicates matter to be deleted, double underline indicates new matter.)
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