Introduction
New Hope Ordinance Section 3-31(j), Disorderly Behavior at Registered Rental Dwelling Units, holds the registered owner responsible for making sure that tenants and tenants’ guests do not engage in disorderly behavior in rental dwelling units. The “rental dwelling unit” includes common areas in a home or building where the rental unit is located.
Please note that New Hope’s ordinance does not prohibit or restrict the number of police calls that may be made by any New Hope resident. Tenants have a right to call 911 for assistance. The ordinance is specific to disorderly behavior, not number of police calls.
What is a Violation?
Drug-related illegal activity in the rental dwelling unit
This includes the illegal possession, manufacture, sale, distribution, purchase, use, or possession with intent to manufacture, sell, or distribute a controlled substance or possession of drug paraphernalia.
Acts of violence or threats of violence
This includes, but is not limited to, discharge of firearms, prostitution, intimidation, or any other act that otherwise jeopardizes the health, safety or welfare of the owner, his agents or tenants.
Disorderly conduct
This includes, but is not limited to, brawling or fighting; engaging in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language that arouses alarm, anger, or resentment in others.
Public nuisance
This includes, but is not limited to, maintaining or permitting a condition that unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or interfering with, obstructing, or rendering dangerous for passage, any public right-of-way.
Unlawful use or possession of a firearm or weapon
Obstructing Legal Process
This includes, but is not limited to, obstructing or hindering lawful execution of any legal process or interfering or obstructing rescue personnel.
Unlawful sale or possession of intoxicating liquor or 3.2 malt liquor
This includes, but is not limited to, selling liquor without a license and selling to a person under the age of 21.
Noise violations
These include, but are not limited to, operating excessively noisy vehicles, participating in noisy parties or gatherings that disturb the peace, operating a radio or other device between the hours of 10 p.m. and 7 a.m. in such a manner as to be plainly audible in the hallway or adjacent room or properties, or permitting an animal to continuously disturb the comfort of others.
Exceptions
It is not considered an event of disorderly behavior when the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2(b) and when there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2(a).
It is also not considered an event of disorderly behavior when a call is the result of someone seeking emergency assistance that is protected by Minnesota State Statute 504B.205, residential tenant’s right to seek police and emergency assistance.
Please note that a “disorderly behavior violation” does not require criminal charges or conviction.
What happens if a disorderly behavior occurs at a rental property?
The city maintains records of disorderly behavior violations and notifies the rental property owner and tenant of each violation. The ordinance is unit and/or tenant specific and actions to remedy problems with disorderly behavior will pertain only to the involved unit and/or tenant.
Second and third instances of disorderly behavior are those which:
- Occur at the same rental dwelling unit; or
- Involve tenants at the same rental dwelling unit; or
- Involve guests or invitees at the same rental dwelling unit; or
- Involve guests or invitees of the same tenant; or
- Involve the same tenant.
First Violation
After the first violation within any twelve-month period, the city notifies the owner and tenant of the violation by first class mail and directs the owner to take steps to prevent further violations. If a rental property owner would like the city’s assistance in identifying resources to address problems with a tenant, please contact the Police Department at 763-531-5170.
Second Violation within 12 Months
After the second violation at the same unit or involving the same tenant, the city notifies the owner and the tenant of the violation by first class mail. The city will direct the owner to submit, within 10 days of the date of the notice, a written report of all actions taken by the owner since the first violation notice and actions the owner intends to take to prevent further disorderly behavior.
Third Violation within 12 Months
After the third violation in twelve months, if the property owner fails to diligently pursue correction of the situation, the City Council may fine, revoke, suspend, or not renew the rental registration for the rental unit.
Council Action
The hearing before the Council after the third violation in 12 months is a civil hearing, and the Council will make its determination based on a “fair preponderance of the evidence.” It is not necessary that criminal charges be filed in order for the city to fine, revoke, suspend, or not renew a registration permit and a dismissal or acquittal of criminal charges does not prohibit the city from taking action against a registration.
Postponing Permit Action
The intent of the city’s disorderly behavior ordinance is to encourage registered rental property owners to take appropriate action to address the disorderly behavior of tenants. The ordinance indicates that if an eviction process is pending or if an owner gave notice to a tenant to vacate within 30 days, the city will postpone permit action. However, if an owner fails to diligently pursue the eviction process, the city may proceed with fines, revocation, suspension or non-renewal of a registration permit action.
Any adverse action against the rental registration permit will be postponed or discontinued at any time if it appears the registered owner has taken appropriate measures which will prevent further instances of disorderly behavior, which may include a failed eviction process.
Housing Court
Did you know that the fourth district of the Minnesota Judicial Branch includes Housing Court? Housing Court is a specialty court that handles cases involving landlord and tenant disputes. Housing Court provides a legal way for a landlord to remove or evict a tenant from a rental unit, and also provides remedies for tenants’ rights.
For more information call 612-348-5186 or visit http://www.courts.state.mn.us/district/4/.