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HomeMy WebLinkAbout2025.10.25 HCMMINUTES OF THE PROCEEDINGS OF THE HOUSING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA REGULAR SESSION OCTOBER 21, 2025 CALL TO ORDER The Brooklyn Center Housing Commission was called to order by Associate Planner and Staff Liaison Krystin Eldridge at 7:03 p.m. MEETINGATTENDEES Commissioner Laura Freund Commissioner Landon Straub (arrived at 7:05 p.m.) Commissioner Seretha Lee Commissioner Aniya White Commissioner Jamal Said Commissioner Alyssa Kuglin is absent and excused. Commissioner Natalie O'Connor is absent. City Staff present: Associate Planner and Staff Liaison Krystin Eldridge, Community Development Director Jesse Anderson, and Housing and Community Standards Supervisor Xiong Thao. APPROVAL OFAGENDA There was a motion by Commissioner White and seconded by Commissioner Said to approve the agenda as submitted. The motion passed. APPROVAL OFMINUTES There was a motion by Commissioner Straub seconded by Commissioner Said, to approve the minutes of September 16, 2025, as submitted. The motion passed. NEW COMMISSIONERS INTRODUCTIONS Ms. Eldridge asked the new Commissioners to introduce themselves. Commissioner Straub arrived at 7:05 p.m. Commissioners White and Lee introduced themselves by sharing why they wanted to be on the Commission, how long they have been in Brooklyn Center, and what their interests are. Commissioners and Staff introduced themselves as well. NEIGHBORHOOD PACKETS 10/21 /25 -1- Ms. Eldridge stated that there were more neighborhood packets, about 80, at the meeting if Commissioners were interested in getting to the rest of the neighborhoods that were talked about in the last meeting. She noted that she also brought the 2026 Housing Commission Meeting Schedule, and if Commissioners had anything specific to talk about or bring to the City Council in the upcoming year, to let her know, and it could get on the schedule. She explained that some of the past people who have come to talk are Mike Vraa, who spoke on new legislation, and ULI, who did a housing study and gave a list of goals. Commissioner Lee asked about having Mike Vraa come and speak to them. Ms. Eldridge noted that if the Commission is interested, then Mike would be able to come back. Commissioner Lee noted that she was interested. Community Development Director Jesse Anderson asked if Mike Vraa met with the Commission after the Legislative session in late July or August. Ms. Eldridge stated that it was at the beginning of the year. Commissioner Lee asked if it was someone from HOME Line, was at the last Housing Commission meeting. Mr. Anderson stated that it was not Mike Vraa but Sam who attended the last meeting. Housing and Community Standards Supervisor Xiong Thao noted that Sam is one of the authorities who provides legal advice, and Mike is the managing director. Commissioner Said asked what Mike and Sam do with the company HOME Line. Commissioner White explained that HOME Line works with people who are getting evicted and listens to their personal stories. Mr. Thao added that HOME Line does a lot of advocacy work, such as helping to write letters to landlords. He stated that HOME Line also works for tenants at the state level, advocating for protections and rights, and helping tenants navigate getting the necessary repairs done. COMMUNITYDEVELOPMENT PRESENTATION A. Wrap up comments for the Rental License Program Mr. Anderson explained that the first half of the packet was information from the last meeting, which discussed the rental licensing inspection process, the performance -based system that is based on how many violations were observed during the initial inspection, which determines the license category. He added that included in the packet was feedback from both the tenants, who noted they wanted more accountability for things to be fixed, and the landlords on what they would like to see done with the system, which was not a performance -based system, rather a two-year licensing with not as many units inspected. Commissioner Freund asked about the motivations for bringing the information to the Housing Commission and whether there are concerns or dissatisfaction with the current system. Mr. Anderson explained that the Council asked for both topics of tenant protections and the licensing process to be looked at. He added that the Staff's response has been to meet with landlords and tenants, meet with the Housing Commission, and then provide feedback to the Council, from which the Council can make a recommendation to make changes after that. He noted that the same request was made two years ago, and at the time, the Housing Commission recommended that there be no change to the tenant protection. He speculated that the Council requested it because there were constituents who made requests. 10/21/25 -2- Mr. Anderson asked if there were any thoughts or questions about the rental licensing process that was talked about in the last meeting. B. Tenant Protections Mr. Thao explained that the City first adopted the tenant protections in 2018, and that was for notice of sale. He added that it particularly applied to multifamily properties. He stated that if a large multifamily property was going to be for sale or had been sold, the property would have to notify tenants that the property's being sold, which allows the tenants to either stay in their current unit or find new housing and allows for relocation assistance. He added that if the landlord was going to raise rent or change the lease agreement, tenants have the option for relocation assistance. He noted that the tenant protections also protect tenants from non -renewals or terminations. He stated that in 2021, the City adopted two new protections: the pre -eviction notice and Just Cause Non -Renewals. He noted that before adopting the two protections, the City met with landlords, tenants, housing advocates, HOME Line, and many others, and came to the consensus to only move forward with the two protections, and additional protections could come at a later date. He stated that the City was watching what St. Paul was going through with being sued, and the two protections were the least controversial. He explained that the pre -eviction notice gives tenants 30 30-day notice if a landlord is going to evict a tenant for not paying rent. He added that if there is a material breach of the lease, the landlord also has to give a 30-day notice, and would have to disclose what the material breach was so the tenant has the opportunity to cure the violations. Ms. Eldridge stated that an example would be someone living in the apartment, and they are not supposed to. Mr. Thao added that anything that violates the lease agreement is prohibited. Commissioner Lee asked if the landlord needed to give time to make the corrections. Mr. Anderson explained that tenants do get 30 days before the filing of the eviction. He added that there is time that comes along with the filing, but the argument was that it is very difficult to overcome an eviction in future housing applications, so the 30 days give a chance to avoid getting an eviction filed against the tenant's record. Mr. Thao stated that the Just Cause Non -Renewal requires a landlord to give a reason why they are not renewing the tenant, and the City has stated there are eight reasons a landlord can remove a tenant: there is a lease violation, the tenant refuses to renew the lease, if the landlord or family member will occupy the unit, if the building is being demolished, if there will be a substantial rehab or renovation, government order, or if employment requires the person lives on the property. He added that the 2021 tenant protection also gave the implicit right for tenants to sue their landlords if their tenant protections were being violated. Mr. Anderson noted that the enforcement of both of the tenant protections does not require much, if any, Staff involvement; it is mostly just an education piece. He added that for the most part, the tenant is responsible for telling the landlord, but the City will reach out and let the landlord know if they violate either of the protections. Mr. Thao stated that the HOME Line website lists the 2023 and 2024 state legislative amendments that were passed. He highlighted a few: the eviction notice must have a minimum of 14 days, landlords must disclose all fees as part of the total rent, minimum heat requirement laws, expanded 10/21/25 -3- the emergency repair list, and clarified how much time is required for a landlord to give notice to get into a unit, 24 hours. He noted other additional protections: the right to move in and out of inspections, landlords cannot require pets to be declawed or devocalization, landlords cannot force early lease renewal no more than six months before the lease ends, tenants cannot be evicted for crimes that were not committed on the property, service support animal fees are prohibited, if a property is condemned landlords cannot collect rent payments, gave the tenant's rights to organize, and utility rights in a multifamily property. Mr. Thao stated that the purpose of bringing the two protections to the Housing Commission was to receive feedback on the protections and to determine if any changes or additions were needed. He added that in meetings with the landlords, they wanted fewer tenant protections. Mr. Anderson explained that the pre -eviction notice has a 30-day curing period, so if the tenant is not paid within this time flame, the eviction will be filed. He noted that the Just Cause Non -Renewal does not have a curing period; it just forces the landlord to have a just cause or reason. Mr. Thao noted that when meeting with the tenants, there were some things the City could not do, but there was a desire for more education about tenant protections. He added that there was a landlord who gave notices to a bunch of seniors, and they all moved out because the seniors did not understand their rights. He stated that tenants also wanted more communication about what actions were taken against particular landlords; they wanted the City to penalize the property owners for violating the ordinances. He stated that HOME Line is putting together a list of additional tenant protections, which is not ready yet, but one thing that will be on there is protecting tenants from discrimination based on sources of income. Commissioner Said asked about tenants who run businesses out of their homes and if they would be protected if the tenant is doing certain things for the business. Mr. Anderson noted that there is nothing in the ordinance that protects them or gives them that right, but the tenant does at least have some right to the property and what it can be used for. He added that he is not aware of any kind of protection that grants them the right to necessarily operate a business. Commissioner Said stated that in other states, there have been tenants who have been kicked out because of doing transactions on their properties. Mr. Thao explained that if Commissioner Said is talking about a home -based business that violates city code or becomes a nuisance, then that might be the basis for non -renewing somebody, or it becomes a lease violation. Mr. Anderson explained that there is no protection for the ability to run a home -based business; it is just if your landlord says that you cannot, then the tenant is not allowed to, just like having a pet. Commissioner Said stated that in some of the newer, luxury apartments are stating in the lease states that the tenant cannot run any business. Mr. Anderson explained that there is no regulation on that, and that the landlord can do what they want if it is in the lease. He noted that for the Council, they would like to know if the Commission is supportive of the 30 days or an alternative, and if the Commission is supportive of the non -renewal. Commissioner Freund asked if the Just Cause Non -Renewal is similar to the example given, noting that if a tenant has a pet, which is not allowed in the lease, but then removes the pet, the tenant may be allowed to stay. Mr. Anderson stated that the Staff is asking if the City should keep the Just Cause Non -Renewal, change it to something else, or completely get rid of it. He explained that the Just Cause Non -Renewal is that the lease terms are coming to an end, the lease probably states the landlord needs to give a notice of non -renewals, but in Brooklyn Center, the landlord 10/21 /25 4- must also include the reason for non -renewals. Commissioner Lee stated that, due to seeing that elders are vulnerable to different things from landlords and don't know their rights, she would like to see both the Just Cause for Non -Renewals and the 30-day notice in place. Mr. Thao noted that there are many cities around Brooklyn Center that are pushing for the 30-day notice as well. Commissioner Said asked about the 30 days, and if that gives tenants an extra 30 days before the 30 days. Mr. Anderson gave an example of a lease that states rent is due on January 1, January 1 comes and goes, and the landlord can give a 30-day pre -eviction notice on January 2, then the landlord has to wait until February 2 before they can file that with the courts. He added that the tenant feels the 30 days helps find space, find somewhere else to go, and helps them try to get emergency assistance. He noted that a landlord would say it strains the relationship with the tenant because things are starting to the process faster. Commissioner Lee asked if it would be possible to include in the ordinance that the tenant can move in the 15 days if able, but 30 days is a cushion, if it does not work out. Mr. Anderson stated that he cannot think of another checkpoint in the middle, but the tenant would be able to move out no matter what, and would probably still be breaking the lease. Mr. Thao noted that it does not prevent the tenant from negotiating an early termination with the landlord before eviction is filed with the court. Mr. Anderson explained that if the tenant is given the 30-day notice, and they know they will not be able to pay, the tenant could go to the landlord and negotiate to sign a termination lease and move out. He added that both parties would have to sign, but the tenant would be able to do that in the 30-day pre -eviction phase. Ms. Eldridge asked if the Staff had seen an early release letter or termination. Mr. Thao stated that they have not; most of the pre -eviction notices have been for the full 30 days, and mostly for rent. Commissioner Straub noted that he is in support of the 30 days. He stated that part of the landlord's hesitation with the 30-day notice is that if they want to evict a tenant for not paying rent, and 30 30-day pre -eviction notice is given, and then after that, a tenant can be evicted, the landlord is losing a full month's worth of rent. He asked if there is a mechanism in place to help remediate issues on the landlord's end for missing a month's worth of rent, and if there was, maybe the landlord would be more willing to give the 30-day pre -eviction notice. Mr. Anderson noted that the landlord has the potential for the landlord to pay, or the potential for the tenant to file for emergency assistance, and the tenant to receive the emergency assistance, so the landlord can get paid. He added that the City does not have a program right now for the landlord. Commissioner Said noted that in many cases, the landlord has the deposit as well. Commissioner Straub stated that many times in renting, deposits were just a few hundred dollars, rather than the thousand owed, but that may be how the landlords are adapting to this situation. Commissioner Said added that it is an incentive to the tenant to talk to the landlord if they are facing problems, because the landlord may work with the tenant. Commissioner Straub stated that the necessity of a large security deposit could be a barrier for a lot of people to secure housing. He added that it is an opportunity to increase visibility to landlords of the options for the tenants in these situations. He noted that increased education requirements for written notifications or ensuring that tenants are educated on their rights are always a great thing. He stated that the justifications needed for non -renewals are 10/21/25 -5- great tools to fight biases that exist. Mr. Anderson asked for thoughts on the 30-day or 14-day notices. Commissioner Straub stated that he does not think 14 days is enough, and with such a fast turnaround, it can be a tough time to do what is needed in that time period. Commissioner Said asked about raising rent and if there is any control over how much rent can be raised. Mr. Anderson noted that the City does not have any control over rent raising, but the landlords mentioned that they would still have to follow fair housing practices. Commissioner Lee added that there is a margin in certain areas that landlords can only go so high. Mr. Anderson stated that certain properties are funded a certain way, so their funding source requires them to be affordable at a certain rate. Mr. Thao added that, generally speaking, the state is silent on how much rent can be increased. He noted that the only city that has anything is St. Paul, and there is a lot of pushback, and landlords can apply for an exclusion, which many have done because the three percent increase does not cover property taxes. Mr. Anderson added that 95 percent of the housing is not locked into a certain rate, there is a lot of naturally occurring affordable housing, but it is not legally bound affordable housing. Commissioner Straub asked if the income restrictions are known to the tenants. Mr. Anderson stated that it is a known thing for sure and that the dollar amount does change from year to year. He added that for Area Median Income, AMI, there must be so many units at 60 percent, and so many at 80 percent, and that changes every year, so then landlords can raise rent, but it has to stay at 60 percent. He stated that many tenants came to the City from Sonders when rent was increased, but the landlord was under the expectation, so the increase was legal. Mr. Thao noted that the AMI is calculated on the Twin Cities metro, and it is very high, about $90,000. Mr. Anderson added that a six percent AMI is common, and for a two -bedroom at 60 percent, the monthly rent would be $1,788. Mr. Thao stated that the number is skewed because of the few people with very high incomes, and that is where AMI comes into play, which is calculated by the federal government. Mr. Anderson noted that the City does not have any regulations on rent increases. Mr. Thao stated that the only maximum requirement that landlords have is for late fees; they cannot go above eight percent of the rent. Mr. Anderson stated that technically, a landlord could increase rent, and the tenant could refuse to renew the lease because of the increase in rent, then the landlord could Just Cause Non -Renew the tenant for refusing to renew the lease. Mr. Thao noted that in the conversations with tenants, it was brought up whether or not landlords could require rent payments without having a rental license. He added that neither the City nor the State regulates it, so if the landlord is operating without a license, it is unknown if that would hold up in courts, and HOME Line is silent on it as well. Mr. Anderson asked if there were more people on the same side as the other Commissioners. Commissioner White, Commissioner Freund, and Commissioner Said stated that they agree with the others as well. Mr. Thao asked if there were any tenant protections that the Commission would like to explore. 10/21 /25 -6- Commissioner Said asked when a landlord raises rent, how is it known that they are doing so fairly to all of the tenants. Mr. Anderson stated that the City does not know anything about rent; it would take the tenant to investigate and take that information to a Fair Housing Agency. Commissioner Said noted that many of the developers are targeting the new families and making promises that are not kept. Mr. Thao added that many developers, for example, have a move -in introductory rate of $1,500 when it would originally be $1,700, and then rent goes up to $1,900 after the lease is up to the landlord, which is only a $200 increase because of the free introductory move -in rate. Mr. Anderson stated that there has been discussion among the Staff about requiring the phone number to be posted in common areas so that complaints can be made. Commissioner Said noted that it is hard to find information, so it would be good to have posters that read know your rights and information about that on them. Commissioner Lee noted that it is very hard for the vulnerable and elderly, and that is why it is important to have the 30 days versus the 14 days. Commissioner Said asked if it was possible to add a clause for the elderly or vulnerable that may be different from the rest of the population. Commissioner Straub noted that it would come down to who defines the vulnerable, and many are going to give different answers. He added that universality in ordinances is more effective, because deciding who gets the 30 days versus 14 days, it is easier to enforce and not lead to lawsuits. Commissioner Said mentioned that what if a landlord buys the building and comes in and tells all the tenants they have to leave, this would be very hard on the elderly person. Mr. Thao noted that this would be in the Just Cause Non -Renewals and would have protection. Commissioner Lee stated that she is a big advocate for Just Cause because many do not know their rights, and more education needs to be done, like the posters in Minneapolis. Commissioner Straub noted that there are many people who would say that authority is telling me to do it, so it must be right. Commissioner Lee stated that the vulnerability of elderly people is that they trust people. Mr. Anderson noted that Commissioner Said's comment about the sale of the building is a different protection that was adopted in 2018. He added that when a sale takes place within 30 days of buying, the landlord has to give a 90-day notice if they are going to make material changes to the leasing criteria. Mr. Thao noted that many multifamily properties have been sold in the last three years, and all tenants have been given the 30-day notice. Mr. Anderson explained the process from here and what the Staff would do with the information. He then went on to explain how the changing of the ordinance takes place. He added that it will be a process to get through all of the information. He stated that it is possible that it goes to the Council and nothing is changed, but if something is to be changed, it will take a little while. Ms. Eldridge asked if the Staff has a feeling of whether Council is leaning one way or the other. Mr. Anderson stated that when it initially passed in 2021, it took multiple meetings and went back and forth several times, so it made for a very long process. FUTURE MEETINGS (2026 SCHEDULE) Ms. Eldridge noted that she spoke on this earlier in the meeting and would keep the Commission informed of the things to come on tenant protections. Mr. Anderson gave a general update: the Staff is working to finalize the Economic Growth Plan and will present to Council on November 24. There was a market retail node that came from the plan, and it should be noted that Brooklyn Center is having a slightly positive absorption rate. 10/21 /25 -7- Commissioner Straub asked about the net plus or minus of business. Mr. Anderson stated that with Walmart closing, that is a negative, and a business moving in is positive, so it is even. He added that overall, the City is gaining more than it is losing. Mr. Anderson shared that there is a lot of budget discussion, and the preliminary levy that has been adopted is $4,970,000, which will result in the reduction of positions in City Hall and throughout the City. He added that the City is still working towards the construction of the opportunity site. He explained that the opportunity site is 80 acres, right in the middle of the city, which has a master plan for the site, and the City owns 40 acres of it. He explained that the developers and investors pulled up when the interest rates went up, so that is continuing to be worked through. He added that the first thing to be built will be a road, and then apartments that the City is hoping to start on in the next year. He noted some of the other construction happening in the City. ADJOURNMENT There was a motion by Commissioner White and seconded by Commissioner Lee to adjourn the meeting. The motion passe . 'The Brooklyn Center Housing Commission adjourned at 8:32 p.m. air Pro Tem reund 10/21/25 -8-