Rent Abatement Ordinance - FAQ

AN ORDINANCE AMENDING CHAPTER 8. 15 ENTITLED " NEIGHBORHOOD ENHANCEMENT — PROPERTY MAINTENANCE" OF THE MUNICIPAL CODE OF DAVENPORT, IOWA TO ADD REQUIREMENTS FOR RENT ABATEMENT. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA: Section 1. That Section 8. 15. 155 of the Municipal Code of Davenport, Iowa be and the same is hereby amended to read as follows: 8. 15. 155 Notice and order of code official. B. 4. Statements advising that if any required repair or demolition work ( without vacation also being required) is not commenced within the time specified, the code enforcement officer: a. Will order rent abatement enforcement pursuant to 8. 15. 155( H), or b. Will order the building vacated and posted to prevent further occupancy until the work is completed, and c. May proceed to cause the work to be done and charge the costs thereof against the property or its owner. H. Rent Abatement. 1. Rent abatement enforcement may be authorized by no fewer than two of the following or their designees: 1) Chief Building Official; 2) Director of Development Neighborhood Services; and/ or 3) Fire Marshal when it has been determined that the owner or lessor has, after issuance of a notice of violation of this chapter: a. Failed to provide an essential service ( water, sewer, electricity, heat; except tenant -paid utilities); b. Failed to remedy a condition that poses a substantial risk to the health or safety of the tenant; or c. Rented a dwelling unit without a rental license, including renting under suspension or revocation. 2. Rent shall be abated until the condition( s) for which rent abatement was ordered has been remedied and the property or unit(s) meets the minimum standards as deemed by no fewer than two of the following or their designees: 1) Chief Building Official; 2) Director of Development & Neighborhood Services; and/ or 3) Fire Marshal. The owner or lessor may not collect or recover rent due from the tenant for the period when the rent abatement order is in effect. The lessor or owner may not seek to recover abated rent payments after the order is lifted. Rent shall be prorated if the abatement order period covers a partial rental payment period. The abated amount will be credited at the time of the next rent payment. 3. Prohibitions. a. Lessees or tenants shall not be evicted for non- payment of rent during a rent abatement period. b. Landlords are prohibited from increasing rent, terminating a lease, refusing to renew a lease, or decreasing services for a period of ninety ( 90) days from the end of the rent abatement period. Landlords seeking to appeal or tenants seeking to enforce the length of the restriction may do so using the City of Davenport's appeal process as outlined in the City of Davenport Municipal Code Chapter 2. 86 except this appeal can be filed anytime within the ninety (90) day period. All parties, including the tenant, will be notified of the time, date, and location of the hearing. The Administrative Hearing Officer will evaluate the appeal based on Iowa Code Chapter 562A. 36 Prohibition Against Retaliation. 4. Notice. a. A copy of the rent abatement order shall be provided to the owner or lessor at the address on the rental permit and to the tenant by U. S. mail and by posting the entrance door to the dwelling unit. b. Notice of termination of the rent abatement order will be given in the same manner. c. All rental dwellings where rent has been ordered abated, regardless of the number of rental units contained in each property or current inspection cycle, may be placed on an accelerated inspection cycle. 5. Nothing in this ordinance shall be construed to limit or reduce any remedies or protections available to tenants under applicable state or federal law. The provisions of this ordinance are intended to supplement, and shall be interpreted in harmony with, all relevant state and federal laws governing tenant rights. SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and publication as by law provided.

POWERS AND DUTIES OF CITIES, §364.17: City housing codes. 1. A city with a population of fifteen thousand or more may adopt by ordinance the latest version of one of the following housing codes before January 1, 1981: a. The uniform housing code promulgated by the international conference of building officials. [...] 3. a. A city which adopts or is subject to a housing code under this section shall adopt enforcement procedures, which shall include a program for regular rental inspections, rental inspections upon receipt of complaints, and certification of inspected rental housing, and may include but are not limited to the following: [...] (8) Authority by ordinance to provide that no rent shall be recoverable by the owner or lessee of any dwelling which does not comply with the housing code adopted by the city until such time as the dwelling does comply with the housing code adopted by the city. b. The enforcement procedures shall be designed to improve housing conditions rather than to displace persons from their homes.