HomeMy WebLinkAbout2026 01-12 CCP STUDYCOUNCIL STUDY SESSION
MEETING
City Hall Council Chambers
January 12, 2026
AGENDA
1. Call to Order - 6:00 p.m.
2. Council Miscellaneous Discussion Items
3. City Manager Miscellaneous Discussion Items
a. Reaffirmation of City's Stance on Immigration Enforcement Activities
b. Rental License Program Changes
- It is requested that the council provide direction to staff on what changes they
would like staff to bring forward for a new rental license program.
c. Tenant Protection Ordinance Change
- It is requested that the council provide staff with any additional changes
before bringing forward a council action to change the ordinance.
4. Adjournment
Page 1 of 231
Council Regular Meeting
DATE: 1/12/2026
TO: Council Study Session
FROM: Xiong Thao, Housing and Community Standards Manager
THROUGH: Jesse Anderson, Community Development Director
BY: Xiong Thao, Housing and Community Standards Manager
SUBJECT: Rental License Program Changes
Requested Council Action:
- It is requested that the council provide direction to staff on what changes they would
like staff to bring forward for a new rental license program.
Background:
The rental license program information was presented to council during the November
24, 2025 work session. Based on feedback from council, staff met with Brooklyn Park's
rental license program staff to understand and discuss the rental license program. The
information gathered from Brooklyn Park was used to develop a new rental license
program.
Based on the work session conversation and council's recommendation, staff is
proposing the following changes to the rental license program.
1. Eliminate the performance-based rental license program and develop a new program.
2. Eliminate the following rental license requirements:
• 8 hour Crime Free Housing Training.
• Crime Prevention Through Environmental Design (CPTED) inspection.
• Action and Mitigation Plan submission for Type III and Type IV licenses.
• Property owners must be current on property tax and utility payments.
• Police calls for service used for rental license determination.
3. Develop a new rental license program. The rental license program would be a two-
year rental license program. This includes single family and multifamily properties.
By changing the rental license program to a two-year license program, workload and
staffing levels would remain the same.
Metric Current Tiered System (Min. 2
Visits/Renewal)
Proposed 2-Year Cycle (Min. 2
Visits/Renewal)
Type I (3-year) ~239.4 inspections (359 / 3 * 2) 22 359.0 inspections (359 / 2 * 2) 33
Type II (2-year) 201.0 inspections (201 / 2 * 2) 4 201.0 inspections (201 / 2 * 2) 5
Type III (1-year) 124.0 inspections (62 / 1 * 2) 6 62.0 inspections (62 / 2 * 2) 7
Page 2 of 231
Type IV (6-
month)
124.0 inspections (31 * 2 cycles *
2) 8 31.0 inspections (31 / 2 * 2) 9
Total Annual
Volume ~688.4 Inspections ~653.0 Inspections
Net Change — ~35.4 fewer inspections
*This calculation does not factor in licenses that are currently expired or pending due to
them not having a set license type/length. This also doesn’t account for additional
inspection needed in order to pass.
There are a few questions for council to consider and provide staff with direction.
1. The rental license inspection process. There are two options to consider.
• The property owner applies for the rental license and pays the required fee, the
rental license can be issued. The inspection would then be scheduled after the
license is issued. The property would be required to pass inspection prior to
renewing the license. Would the council provide a recommendation on a
timeframe that a property must pass inspection before the city can take
enhanced enforcement action?
• The property owner applies for the rental license and pays the required fee. The
license will not be issued until the inspection passes. The inspection must then
pass within a specified amount of time, otherwise enhanced enforcement action
can be taken.
2. Would council consider allowing rental licenses to be transferred to a new owner?
Currently, the ordinance does not allow a rental license to transfer. The new owner
would need to apply for a new license regardless of when the license was issued.
3. Would council still like to approve all rental licenses on a consent agenda or should
the approval of licenses be done administratively by staff?
Budget Issues:
No budget issues to consider.
Inclusive Community Engagement:
Antiracist/Equity Policy Effect:
Strategic Priorities and Values:
Page 3 of 231
ATTACHMENTS:
1. November 24, 2025 Council Work Session Packet
2. PowerPoint Presentation - Rental License Program Changes (WS)
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1
Council Regular Meeting
DATE: 1/12/2026
TO: Council Study Session
FROM: Xiong Thao, Housing and Community Standards Manager
THROUGH: Jesse Anderson, Community Development Director
BY: Xiong Thao, Housing and Community Standards Manager
SUBJECT: Tenant Protection Ordinance Change
Requested Council Action:
- It is requested that the council provide staff with any additional changes before
bringing forward a council action to change the ordinance.
Background:
The tenant protection ordinance was presented to council during the November 24,
2025 work session. Based on the work session conversation, a proposed draft
ordinance is attached for council's review.
Staff would like council to address a couple items that have come up since the work
session discussion.
There was significant discussion regarding the 30-day pre-eviction notice and just cause
non-renewal section of the ordinance. However, there was no discussion regarding the
notice of sale section of the ordinance. Does council want to revoke or change that
section of the ordinance or keep it in its current status?
Further, does council want to amend the 30-day pre-eviction notice section of the
ordinance to match the State's pre-eviction notice or just remove it and default to the
state statute?
Once council has reviewed and provided comment, staff will bring back the ordinance
for 1st and 2nd reading.
Budget Issues:
There are no budget issues to consider.
Inclusive Community Engagement:
Antiracist/Equity Policy Effect:
Strategic Priorities and Values:
Page 95 of 231
ATTACHMENTS:
1. PowerPoint Presentation - Tenant Protection Ordinance (WS)
2. November 24, 2025 Council Work Session Packet
3. Tenant Protection Ordiance Draft with strike-through
Page 96 of 231
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City of Brooklyn Center 12-1 City Ordinance
CHAPTER 12 – BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE
Section 12-101. PURPOSE. The purpose of this Chapter is to protect the public health,
safety, and the general welfare of the people of the City. These general objectives include, among
others, the following:
1. To protect the character and stability of all buildings and property within the City.
2. To correct and prevent conditions that adversely affect or are likely to adversely
affect the life, safety, general welfare and health, including the physical, mental and
social well-being of persons occupying buildings within Brooklyn Center.
3. To provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of buildings.
4. To provide minimum standards for light and ventilation, necessary to health and
safety.
5. To prevent the overcrowding of dwellings by providing minimum space standards
per occupant for each dwelling unit.
6. To provide minimum standards for the maintenance of existing buildings, and to
thus prevent slums and blight.
7. To preserve the value of land and buildings throughout the City.
With respect to rental disputes, and except as otherwise specifically provided by the terms
of this Chapter, it is not the intention of the City Council to intrude upon the fair and
accepted contractual relationship between tenant and landlord. The City Council does not
intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive
to complaints from tenant or landlord that are not specifically and clearly relevant to the
provisions of this Chapter. In the absence of such relevancy with regard to rental disputes,
it is intended that the contracting parties exercise such legal sanctions as are available to
them without the intervention of City government. Neither in enacting this Chapter is it
the intention of the City Council to interfere or permit interference with legal rights to
personal privacy.
Section 12-102. APPLICABILITY OF ORDINANCE. Every building, as well as its
premises, and all occupied premises within Brooklyn Center shall conform to the requirements of
this Chapter, irrespective of when such building may have been constructed, altered, or repaired.
Section 12-201. DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this Chapter where not otherwise defined within a Section:
1. Approved – acceptable to the jurisdiction having authority and meeting all
applicable Codes.
Page 214 of 231
City of Brooklyn Center 12-2 City Ordinance
2. Accessory Structure – a structure subordinate to the main or principal building
that is not used nor authorized to be used for living or sleeping by human
occupants and that is located on or partially on the premises.
3. Affordable Housing Building - a multifamily rental dwelling, as defined in
Section 12-201(26), having three or more dwelling units and where any of the
units rent for an amount that is affordable to households at or below 80% of
area median income, as median income is most recently determined by the
United States Department of Housing and Urban Development for the
Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan
Statistical Area, as adjusted for household size and number of bedrooms.
4. Affordable Housing Unit – a rental unit in an affordable housing building that
rents for an amount that is affordable to households at or below 80% of area
median income, as median income is most recently determined by the United
States Department of Housing and Urban Development for the Minneapolis-St.
Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as
adjusted for household size and number of bedrooms.
5. Building – any structure used or intended for supporting or sheltering any use
or occupancy.
6. Child – any person under the age of eighteen (18).
7. Child Care Facility – a facility licensed by the Minnesota Department of
Human Services to provide child care for six or more children at one time. This
term also includes, but is not limited to, facilities having programs for children
known as nursery schools, day nurseries, child care centers, play groups, day
care centers, cooperative day care centers and Head Start programs.
8. Cause – the tenant or a member of the tenant’s household violates a provision
of the City’s rental housing provisions including, but not limited to, Section 12-
915 Crime Free/Drug Free Housing Lease Addendum, or materially violates a
term of the lease related to one or more of the following:
a. Nonpayment of rent;
b. Malicious destruction of the affordable housing unit or the affordable
housing building;
c. Disturbance of the peace verified by the police department; or
d. A violation of any of the covenants in Minnesota Statutes, section
504B.171.
Page 215 of 231
City of Brooklyn Center 12-3 City Ordinance
9.8. Compliance Official – the City Manager and the Manager’s designated agents
authorized to administer and enforce this Chapter.
10.9. Designated Predatory Offender – any person who has been categorized as a
Level III predatory offender under Minnesota Statutes, Section 244.052, a
successor statute, or a similar statute from another state in which that person’s
risk assessment indicates a high risk of re-offense.
11.10. Disorderly Activities – any activities listed in Section 12-911.
12.11. Dwelling – a building, or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including one-family dwellings,
two- family dwellings, and multiple family dwellings; but not including hotels
and motels.
13.12. Dwelling Unit – a single residential accommodation that is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile for one family.
Where a private garage is structurally attached, it shall be considered as part of
the building in which the dwelling unit is located.
14.13. Family – any of the following definitions shall apply:
– Persons related by blood, marriage, or adoption, together with their domestic
servants or gratuitous guests, maintaining a common household in a dwelling
unit;
–Group or foster care of not more than six (6) wards or clients by an authorized
person or persons, related by blood, marriage, or adoption, together with their
domestic servants or gratuitous guests, all maintaining a common household in a
dwelling unit approved and certified by the appropriate public agency;
–A group of not more than five (5) persons not related by blood, marriage or
adoption maintaining a common household in a dwelling unit.
15.14. Garbage – putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
16. Just Cause – any of the bases listed under Section 12-912D(5) upon which an
owner of an affordable housing building may terminate tenancy.
17.15. Lease – an oral or written agreement creating a tenancy in real property.
18.16. Material Change – a change in the terms of a lease, either through an
amendment of an existing lease or the adoption of a new lease, that
significantly limits or restricts the tenants use and enjoyment of an affordable
housing unit or the affordable housing building.
Page 216 of 231
City of Brooklyn Center 12-4 City Ordinance
19.17. Multiple Family Dwelling – a dwelling or portion thereof containing three or
more dwelling units.
20.18. Nonresidential Building – all buildings or structures other than dwellings or
dwelling units.
21.19. Occupant – any person (including owner or operator) occupying any structure,
building or part thereof, dwelling, dwelling unit, rooming unit, or premise.
22.20. Operator – the owner or agent who has charge, care, control, or management of
a building or part thereof.
23.21. Owner – a person, agent, firm, or corporation having a legal or equitable
interest in the property. In any corporation or partnership, the term owner
includes general partners and corporate officers.
24.22. Permanent Residence – a place where a person abides, lodges, or resides for 14
or more consecutive days.
25.23. Person – an individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
26.24. Plumbing – all of the following supplied facilities and equipment in a building:
gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal
units, waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch basins,
drains, vents, and any other similar fixtures and the installation thereof, together
with all connections to water, sewer and gas lines.
27.25. Premises – a platted lot or part thereof or unplatted parcel of land, either
unoccupied or occupied by any structure thereon.
28.26. Public Playground – an area designated primarily for children’s play including
a school building playground, a child care building playground, a play area of a
public park, or an area that contains permanent play equipment.
29.27. Refuse – all putrescible and nonputrescible waste solids including garbage and
rubbish.
30.28. Reinspection – a follow-up inspection that is a) conducted to determine if a
Code violation has been corrected; b) needed because a licensee, owner, or
other responsible party fails to attend a scheduled inspection; c) needed because
a scheduled inspection does not occur or is prevented due to any act of a
licensee, owner, or responsible party; or d) any inspection other than the initial
inspection for a license application where one or more violations are found.
Page 217 of 231
City of Brooklyn Center 12-5 City Ordinance
31.29. Relocation Assistance – a payment to the tenant of an affordable housing unit in
the amount equal to three months of the current monthly lease rent.
32.30. Repair – to restore to a sound and acceptable state of operation, serviceability
or appearance.
33.31. Rental Dwelling – the term “rental dwelling” means any occupied dwelling or
dwelling unit that is not occupied by the owner of record regardless of
compensation. The term includes any dwelling or dwelling unit occupied by a
relative of the owner.
34.32. Rubbish – nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery
clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
35.33. Safety – the condition of being reasonably free from danger and hazards that
may cause accidents or disease.
36.34. School – any public or nonpublic elementary school, middle school, or
secondary school as those terms are defined in Minnesota Statutes, Section
120A.05.
37.35. Single Family Attached – includes a townhome, rowhouse, duplex, or similar
dwelling unit.
38.36. Structure – that is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some
definite manner.
39.37. Supplied – paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a building.
40.38. Temporary Residence – a place where a person abides, lodges, or resides for a
period of 14 or more days in the aggregate during any calendar year and which
is not the person’s permanent address, or a place where the person routinely
abides, lodges, or resides for a period of four or more consecutive or non-
consecutive days in any month and which is not the person’s permanent
residence.
41.39. Tenant – any person occupying any dwelling or having possession of a space
within a dwelling who has the legal right to occupy the dwelling unit, where a
legal owner does not reside.
42.40. Tenant Protection Period – the period that commences on the date when a
written notice of the transfer of ownership is sent to each affordable housing
unit tenant pursuant to Section 12-912D(2) and ends on the last day of the third
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full calendar month following the date on which the notice was sent. In no case
shall the tenant protection period be less than 90 days.
43.41. Transfer of Ownership – any transfer of ownership of an affordable housing
building by an owner to another person, agent, firm, or corporation that
becomes the new owner.
44.42. Meaning of Certain Words – whenever the words "dwelling", "dwelling unit",
"premises", "building", or "structure" are used in this Chapter, they shall be
construed as though they were followed by the words "or any part thereof".
Section 12-912D. TENANT PROTECTIONS.
1. Purpose. It is the purpose of this Section to provide housing stability and
protection to tenants in affordable rental housing units who are facing
displacement when there is a transfer of ownership of an affordable housing
building. This Section requires, upon such a transfer, notice to the tenants and the
City and the payment of tenant relocation assistance when affordable housing is
converted and tenants are required, through direct or indirect means, to move
without adequate time to find new housing. This Section is to be interpreted
broadly to ensure the tenants of affordable housing units are afforded the
protections intended by this Section.
2. Transfer of Ownership.
a. Notice. Within 30 days after the transfer of ownership of an affordable
housing building, the new owner shall give written notice to each
affordable housing unit tenant of the building that the property is under new
ownership. The notice must, at a minimum, include the following
information:
(1) The name, mailing address, and telephone number of the new
owner;
(2) The following statement: Brooklyn Center City Code, Section 12-
912D provides for a three-month tenant protection period for
affordable housing unit tenants after an affordable housing building
is transferred to a new owner. Under Section 12-912D, affordable
housing unit tenants are entitled to relocation assistance from the
new owner if, during the tenant protection period, the new owner:
(i) Without cause, terminates or does not renew the tenant’s
lease;
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(ii) Raises the rent and the tenant submits a written notice of
termination of their lease;
(iii) Requires existing affordable housing unit tenants to
comply with new residency screening criteria and the
owner or tenant terminates or does not renew the tenant’s
lease; or
(iv) Imposes, without the tenant’s consent, a material change in
the terms of the lease and the owner or tenant terminates
or does not renew the tenant’s lease.
(3) Whether there will be any rent increase during the tenant protection
period, the amount of the rent increase, and the date the rent
increase will take effect;
(4) Whether the new owner will require existing affordable housing unit
tenants to comply with new residency screening criteria during the
tenant protection period and, if so, a copy of the new screening
criteria;
(5) Whether the new owner will, without the tenant’s consent, impose
a material change in the terms of the lease during the tenant
protection period and, if so, the language of the material change
and an explanation of its effect;
(6) Whether the new owner will, without cause, terminate or not renew
the tenant’s lease during the tenant protection period, and if so, the
date the lease will terminate and the amount of relocation
assistance that will be provided;
(7) The date the tenant protection period will expire; and
(8) Whether the new owner, within 30 days following the tenant
protection period, intends to: increase rent; require existing
affordable housing unit tenants to comply with new residency
screening criteria; impose a material change in the terms of the lease;
or, without cause, terminate or not renew affordable housing unit
leases.
b. Language Requirement. Each notice required by this Section shall contain
an advisory that reads as follows: “This is important information about
your housing. If you do not understand it, have someone translate it for
you now, or request a translation from your landlord.” This advisory must
be stated in the notice in the following languages: English, Spanish,
Somali, and Hmong. Upon written request by a tenant that identifies the
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tenant’s native language, the owner must provide a written translation of
the notice in that language.
c. Affidavit. The new owner shall prepare and execute an affidavit of having
provided the notice required by this Section that, at a minimum, identifies
each tenant to which the notice was provided, the date on which it was
provided, and the method of delivery. A copy of the notice provided shall
be attached to the affidavit.
d. Copy of Notices to City. The new owner shall provide a copy of the notices
and of the affidavit required by this Section to the City within three days
of having provided the notice to the tenants.
e. Copy of Rent Roll to City. If the new owner claims the building or the unit
does not meet the definition of an affordable housing building or an
affordable housing unit, the owner shall, upon request, provide the City a
copy of the rent roll, including the amount of lease rents paid by tenants.
3. Relocation Assistance.
a. When Required. A new owner of an affordable housing building must pay
relocation assistance to affordable housing unit tenants if any of the
following occur during the tenant protection period:
(1) The new owner, without cause, terminates or does not renew the
tenant’s lease;
(2) The new owner raises the rent and the tenant submits a written
notice of termination of their lease;
(3) The new owner requires existing tenants to comply with new
residency screening criteria and the owner or tenant terminates or
does not renew the tenant’s lease; or
(4) The new owner imposes, without the tenant’s consent, a material
change in the terms of the lease and the owner or tenant
terminates or does not renew the tenant’s lease.
b. When Paid. The new owner shall, when required, pay relocation
assistance to the tenant of an affordable housing unit within 30 days after
receiving tenant’s written notice of termination of the lease or within 30
days after the owner notifies the tenant that the lease will be terminated or
not renewed.
c. Affidavit. The new owner shall prepare and execute an affidavit that, at a
minimum, indicates the date of the notice of termination, identifies each
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tenant to which relocation assistance was paid, the amount paid, the check
number for each payment, the payment date, and the address used to mail the
payment.
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:
(1) 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;
(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
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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.211unitedway.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.
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;
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(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;
(5) 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
(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
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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.
7.6. Notice of Violation. A tenant of an affordable housing unit who believes the new
owner of the affordable housing building has not provided the tenant the
protections required under this Section 12-912D may submit a notice of violation
to the City. The purpose of the notice is to inform the City of an alleged violation
of this Section to assist the City in determining whether to impose an
administrative penalty provided for in this Section, not issue a rental license to the
new owner as provided in Section 12-901(8), or to take action on the rental
license as provided in Section 12-910. The City is not required to take any
particular action in response to a notice of violation and any enforcement action it
does take shall be on behalf of the City, not the tenant. Filing a notice of violation
does not prohibit the tenant from pursuing any remedy available to the tenant
under law.
8.7. Penalties.
a. Administrative Penalty. Failure to provide the notice of transfer or to pay
relocation assistance when required under this Section is an administrative
offense for which a citation may be issued and a civil penalty imposed as
provided in Chapter 18 of this Code.
b. Separate Offenses. A violation of this Section as to each dwelling unit
shall constitute a separate offense.
Section 12-913. TYPE IV PROVISIONAL LICENSES.
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1. Eligibility. Rental properties that meet the provisional licensing criteria as described
in Section 12-901 are eligible only for provisional licenses.
2. Monthly Report. The City will provide by mail to each licensee a monthly report of
any police and fire calls and incidents and applicable property Code violations as
described in Section 12-901.
3. Mitigation Plan. The applicant for a provisional license must submit for
Compliance Official review and approval a mitigation plan for the license period.
The mitigation plan shall describe steps proposed by the applicant to reduce the
number of police and fire calls and/or the property Code issues described in Section
12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The
mitigation plan may include such steps as changes in tenant screening procedures,
changes in lease terms, security measures, rules and regulations for tenant conduct,
security personnel, and time frame to implement all phases of the Crime Free
Housing Program. The Compliance Official may require modifications to the
proposed mitigation plan to ensure if effectively addresses the issues that resulted
in the applicant not being eligible for a different type of license. An applicant may
appeal the Compliance Official’s decision regarding the mitigation plan by filing a
written appeal within 10 days of the date of the decision. The appeal must state the
reasons for the appeal, the alleged error, and the relief being sought from the appeal.
4. Council Consideration. The Council shall act on whether to approve the
application. Approval of the license shall be conditioned on compliance with the
mitigation plan as approved by the Compliance Official. If the applicant filed a
timely appeal of the Compliance Official’s decision regarding the mitigation plan,
the Council shall hear the appeal and may uphold, overturn, or amend the
Compliance Official’s decision.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation
plan as approved or as modified by the Council as a result of an appeal. Failure to
implement and comply with the mitigation plan shall constitute sufficient grounds
for a license action under Section 12-910.
Section 12-914. CRIME FREE HOUSING PROGRAM. For the purpose of this Chapter,
the Crime Free Housing Program shall mean the nationally recognized program, unless otherwise
indicated. The phases of the program include, but are not limited to, the conditions set forth
below.
1. Phase I. For license categories other than Type I, an owner, manager, or local agent
responsible for the operation of the rental property must complete the Phase I
training of the Crime Free Housing Program or a similar course approved by the
City Manager. Certification as a rental property manager may also satisfy this
requirement. Phase I includes the following:
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a. Attend an eight-hour crime-free housing course presented by police, fire,
public housing and others.
b. Use a written lease including the Minnesota Crime Free Housing Lease
Addendum.
c. Check the criminal background of all prospective tenants and, upon request,
provide a copy of Third Party Background Check procedures for Tenants.
d. Actively pursue the eviction of tenants who violate the terms of the lease
and/or the Crime Free Lease Addendum.
2. Phase II. Includes Phase I plus the following:
a. Complete a Security Assessment and complete the security improvements
recommended. This phase will certify that the rental property has met the
security requirements for the tenant’s safety.
3. Phase III. Includes Phases I and II plus the following:
a. For properties with more than four units, conduct resident training annually
for the residents where crime watch and crime prevention techniques are
discussed.
b. For properties with more than four units, hold regular resident meetings.
c. For a property that has received consecutive Type IV rental licenses, the
applicant, owner, or local agent is required to schedule and attend an
inspection consultation at the property.
Section 12-915. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM
REQUIREMENTS. All tenant leases, except for state licensed residential facilities, shall contain
the Crime Free/Drug Free Housing Lease Addendum in a form approved by the City. The Crime
Free/Drug Free provisions are in addition to all other terms of the lease and do not limit or replace
any other provisions. These lease provisions shall be incorporated into every new and renewed
lease for a tenancy beginning April 1, 2010. Failure of a licensee to enforce a single violation of
the terms of the addendum shall constitute sufficient grounds for action on a license under Section
12-910.
Section 12-916. TENANT BACKGROUND CHECKS.
1. All licensees will conduct criminal background checks on all prospective tenants
18 years and older and any subsequent persons 18 years or older residing in the
dwelling unit. The criminal background check must include the following:
a. A statewide (Minnesota) criminal history check of all tenants who are 18
years of age or older and persons subsequently residing in the dwelling unit
who are 18 years of age or older (collectively referred to in this Section as
“tenants”) covering at least the last three years; the check must be done “in
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person” or by utilizing the most recent update of the state criminal history
files;
b. A statewide criminal history check from the tenant’s previous state of
residence if the tenant is moving directly from the previous state;
c. A criminal history check of any tenant in his or her previous states of
residence covering the last three years if they have not resided in Minnesota
for three years or longer;
d. A criminal history check of any tenant must be conducted in all seven
counties in the metro Twin City area covering at least the last three years
including all misdemeanor, gross misdemeanor, and felony convictions;
e. Licensees will retain criminal history check information for at least one year
after the date of the check or, if the subject of the check becomes a tenant
of the licensed premises, one year after the subject of the check has ceased
to be a tenant. Such information shall be available for inspection upon
request by the City Manager or the City Manager’s designee; and
f. Licensees must have written screening criteria that is provided to the
applicant.
Section 12-1001. ENFORCEMENT AND INSPECTION AUTHORITY. The City
Manager and the Manager’s designated agents shall be the Compliance Official who shall
administer and enforce the provisions of this Chapter and who is hereby authorized to cause
inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists
to believe that a violation of this Chapter has been or is being committed. Inspections shall be
conducted during reasonable times, and the Compliance Official shall present evidence of official
capacity to the occupant in charge of a respective dwelling unit.
Section 12-1002. INSPECTION ACCESS. Pursuant to Minnesota Statutes, Section
504B.211, the owner, manager, or local agent is responsible for scheduling the inspection and
notifying any existing tenant of the inspection. The owner, manager, or local agent, must provide
access to the requesting City authorized agent at the scheduled inspection time or as requested.
Any owner, occupant, or other person in charge of a building may refuse to permit free access and
entry to the structure or premises under that person’s control for inspection pursuant to this
Chapter, whereupon the Compliance Official may seek a court order authorizing such inspection.
Section 12-1101. UNFIT FOR HUMAN HABITATION.
1. Any building or portion thereof, that is damaged, decayed, dilapidated, insanitary,
unsafe, vermin or rodent infested, or that lacks provision for basic illumination,
ventilation or sanitary facilities to the extent that the defects create a hazard to the
health, safety or welfare of the occupants or of the public may be declared unfit for
human habitation. Whenever any building or premises has been declared unfit for
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human habitation, the Compliance Official shall order same vacated within a
reasonable time and shall post a placard on same indicating that it is unfit for human
habitation, and any operating license previously issued for such dwelling units shall
be revoked.
2. It shall be unlawful for such building or portion thereof to be used for human
habitation until the defective conditions have been corrected and written approval
has been issued by the Compliance Official. It shall be unlawful for any person to
deface or remove the declaration placard from any such building.
Section 12-1103. HAZARDOUS BUILDING DECLARATION. In the event that a
building has been declared unfit for human habitation and the owner has not remedied the defects
within a prescribed reasonable time, the building may be declared a hazardous building and treated
consistent with the provisions of Minnesota Statutes.
Section 12-1201A. COMPLIANCE ORDER. COMPLIANCE ORDER. Whenever the
Compliance Official determines that any building or portion thereof, or the premises surrounding
any of these, fails to meet the provisions of this Chapter, a compliance order shall be issued setting
forth the violations of the Chapter and ordering the owner, occupant, operator, or agent to correct
such violations at the expense of the owner, occupant, operator or agent. This compliance order
shall:
1. Be in writing.
2. Describe the location and nature of the violations of this Chapter.
3. Establish a reasonable time for the correction of such violation, not to exceed 10 days,
and notify of appeal recourse.
4. Be served upon the owner or agent or occupant, as the case may require. Such notice
shall be deemed to be properly served upon such owner or agent, or upon any such
occupant, if a copy thereof is:
a. Served upon owner, agent or occupant personally; or
b. Sent by 1st class mail to his/her last known address; or
c. Upon failure to effect notice through (a) and (b) as set out in this Section,
posted at a conspicuous place in or about the building, or portion thereof, that
is affected by the notice.
Violations may be cited by the City and prosecuted, and license suspension, revocation or non-
renewal may be undertaken by the City whether or not a compliance order has been issued.
Section 12-1201B. ACTION PLAN. The Compliance Official may require an action plan
to be completed by the licensee, manager, or local agent in a designated time frame that indicates
the steps taken to correct identified violations and the measures to be taken to ensure ongoing
compliance with City Ordinances and applicable Codes.
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Section 12-1202. RIGHT OF APPEAL. When it is alleged by any person to whom a
compliance order is directed that such compliance order is based upon erroneous interpretation of
this Chapter, such person may appeal the compliance order to the City Council sitting as a board
of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must
be filed with the department of planning and inspection within five (5) business days after service
of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the
action appealed from, unless such a stay would cause imminent peril to life, health, or property.
Section 12-1203. BOARD OF APPEALS DECISION. Upon at least five (5) business
days notice to the appellant of the time and place for hearing the appeal, and within thirty (30)
days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into
consideration any advice and recommendation from the advisory housing commission. The board
of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order
return of all or part of the filing fee if the appeal is upheld.
Section 12-1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be
unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order
has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person
until the provisions of the tag or compliance order have been complied with, unless such owner
shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or
compliance order and shall obtain and possess a receipt of acknowledging. Anyone securing an
interest in the building, or portion thereof, who has received notice of the existence of a violation
tag or compliance order shall be bound by same without further service of notice and shall be liable
to all penalties and procedures provided by this Chapter.
Section 12-1205. FAILURE TO CORRECT COMPLIANCE ORDERS. Any person who
fails to comply with a compliance order and any person who fails to comply with a modified
compliance order within the time set therein, upon conviction therefor shall be guilty of a
misdemeanor, punishable in accordance with state law. Nothing in this Chapter however is
deemed to limit other remedies or civil penalties available to the City under this Code or state law.
Each day of such failure to comply shall constitute a separate punishable offense.
Section 12-1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC
AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no
appeal having been taken, or upon failure to comply with a modified compliance order within the
time set therein, the criminal penalty established hereunder notwithstanding, the City may, upon not
less than ten (10) days’ notice to the landowner, cause the cited deficiency to be remedied as set forth
in the compliance order. The cost of such remedy shall be a lien against the subject real estate and
may be levied and collected as a special assessment in the manner provided by Minnesota Statutes,
Chapter 429, but the assessment shall be payable in a single installment.
Section 12-1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the
foregoing compliance procedures and the penalties, whenever the Compliance Official determines
that any building, or portion thereof, or the premises surrounding any of these fails to meet the
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requirements set forth in this Chapter, the Compliance Official may issue a violation tag
summoning the responsible person into court or request the issuance of a criminal complaint and
arrest warrant.
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