05-25-2005 Council Agenda - Laserfiche WebLink

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t. REJournals.com - Rental ordinances put landlords in a tough position Page 3 of 7 -01- "This isn't Edina and this isn't Minnetonka," she says. "This is Brooklyn Park and this is low- income housing. This is a social issue. We don't need the city against us." The goal of the lawsuit is to invalidate the ordinance as a violation of state statutes, says Robert Tansey, the attorney representing Mid Continent. Tansey is a partner with Anthony Ostlund & Baer in Minneapolis. The statute in question ik 504B 2051and concerns a tenant's right to call the police for assist tree Treads, in part, "This section preempts any inconsistent local ordinance or rule including, without limitation, any ordinance or rule that... provides that calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct may be used to penalize or charge a fee to a landlord." "The stated purpose of our ordinance is to help protect the health, safety and morals of the city of Brooklyn Park," Tansey says. "We see no rational basis between that stated purpose and penalizing landlords for conduct that is out of their control." "They are adopting a sweeping view of the law that would potentially apply to anything," Baker says. It really can't be reconciled with a another provision which provides a safe harbor for cities to make efforts to address nuisances and disorderly conduct. "We don't accept the blanket statement that everything that is being counted is beyond (the landlord's) ability to prevent," Baker continues. The call counting helps the city look at the big picture, says Capt. Laura Johnson of the Brooklyn Park Police Department. "If you have a large number of calls, it is an indicator that something must be wrong," she says. An affidavit by Jennifer Verbrugge, housing facilitator for the city of Brooklyn Park, says the city counted 772 fewer police calls from May 1, 2002, to April 30, 2003, than during the previous reporting period. The total average reduction in calls was 0.07 per unit. In Level III complexes, the call - per -unit average fell from 0.97 to 0.73. The next hearing in the case is scheduled for Nov. 5 in Hennepin County District Court. http: / /www.mrej.corn/story.cfm ?Market= MN &StoryID =12080 10/15/2003