Anoka axes rental rules that prompted evictions over 911 calls. Will other cities follow?

The city of Anoka has repealed rental licensing regulations the U.S. Department of Justice claimed discriminated against tenants with mental illness and put them at risk of eviction for repeatedly calling police for help.

Now tenant rights advocates are urging more cities to toss out so-called “crime-free” housing ordinances. The programs generally allow cities to revoke rental licenses and fine landlords if there is frequent disorderly conduct or criminal behavior at their properties.

The Anoka City Council in December cut the rules from its rental licensing ordinance that allowed the city to yank a landlord’s license over failure to evict renters making several 911 calls deemed to be a “nuisance” or unfounded. The action came after the DOJ reached an agreement with the city that required Anoka to pay $175,000 to compensate individuals harmed by the program.

“It allowed too much leeway for police to decide if something is a nuisance,” said Sue Abderholden, executive director of the National Association of Mental Illness in Minnesota. “By the city saying, ‘If you get too many 911 calls you’ll lose your rental license,' that puts pressure on a landlord to evict people who might be having a mental health crisis.”

Several Twin Cities suburbs in recent years have issued tougher regulations for rental properties as multifamily development proliferates throughout the metro. But some argue strict standards issued under rental license programs have disproportionately targeted renters with disabilities, people of color and survivors of domestic violence.

The American Civil Liberties Union of Minnesota, along with other organizations, sent a letter this past fall requesting Attorney General Keith Ellison issue guidance to cities detailing the consequences of such ordinances. The office has been in communication with the ACLU on the issue, AG spokesman Brian Evans said.

Catherine Ahlin-Halverson, an attorney with the ACLU, said “there are still many of these ordinances on the books throughout the state that are continuing to have really adverse impacts on communities.”

“I would think the DOJ’s consent decree with Anoka would be a cautionary warning for cities to evaluate whether they are similarly violating federal law with their crime-free housing ordinances,” she said.

In Maple Grove, Community and Economic Development Director Joe Hogeboom said a review of its crime-free housing ordinance is expected to be presented to the City Council early this year.

The city’s ordinance, the ACLU says, allows police to require evictions due to repeated disorderly conduct.

The Ramsey City Council also recently eliminated its crime-free housing program. Unlike in Anoka, Ramsey’s regulations did not pressure landlords to evict tenants for repeat 911 calls, only in cases where someone was convicted of a crime. City Administrator Brian Hagen said the city axed the program because it did not have enough resources to fully implement it, not because of concerns seen elsewhere in the metro.

Some other cities have made changes in recent years. Faribault revised its crime-free housing program a few years ago as part of a settlement after the ACLU sued the city, claiming the regulations limited housing opportunities for people of color. And the St. Louis Park City Council repealed crime-free housing regulations after a work group decided the rules could unfairly target low-income renters and people of color.

Abderholden is urging cities across the state also to evaluate their ordinances to ensure they are in compliance with legislation, passed last session, bolstering a law blocking landlords from penalizing tenants for calling police in response to domestic abuse, mental health crises or other emergencies.

“We’ve heard from parents of children with serious mental illness that they were being pushed toward being evicted after calling 911 to help their child,” Abderholden said. “Considering that a nuisance call and putting people’s housing at risk is truly discrimination and does the opposite of what we want to happen.”

Anoka City Attorney Scott Baumgartner said at a December council meeting that the city’s crime-free housing program, intended to increase safety at rental properties, had benefits for landlords and residents. He argued Anoka had been singled out despite many cities having similar ordinances.

Federal prosecutors said the city’s ordinance violated the Americans with Disabilities Act and the Fair Housing Act, claiming it prevented residents with mental health disabilities from seeking emergency assistance for fear of losing housing. The DOJ also alleged Anoka would send weekly reports to landlords detailing emergency calls that included confidential medical information.

A consent decree, approved by a judge last year, required Anoka to revise its policies and take other corrective measures. It released the city from claims the DOJ made against it.

Baumgartner said the burden of implementing the changes recommended by the DOJ — including “onerous reporting requirements” and potential penalties for failing to comply — outweighed the benefits of the regulations.

The council agreed to no longer require a crime-free addendum be included in lease agreements, which according to the DOJ, required landlords to take action toward eviction if a tenant made repeated nuisance 911 calls.