HomeMy WebLinkAbout1977-09-13 CorrespondenceFZh
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FIRST CHRISTIAN
217 IOWA AVE. BO% BBT IOWA CITY. IOWA 5226
MINISTER:
ROBERT L. WELSH
ALL BELIEVERS IN CHRIST
City Council of Iowa City
Civic Center
Iowa City, IA 52240
Dear Friends:
CHURi
O PHONE 337 -
A&
September 13, 1977
We rejoice that we have received a fund reservation for 100 units of
elderly housing.
We believe that a combined Senior Center -Elderly Housing development
on the Old Post Office Site can be a focal point in the community for
the development and delivery of services for older persons.
We believe the Old Post Office Site is a part of the mainstream of
community life and is ideally located for this type of development.
We are committed to working with other interested congregations in
the Ecumenical Consultation and, in turn, with the elderly, the groups
that represent the elderly, the agencies that serve the elderly, and
the city to develop a set of standards and program projections that then
can be translated into design, construction, and program.
We welcome this opportunity to be of service to the community and wish
to express to you, the members of the City Council and Staff, our apprec-
iation.
We are aware of the fact that there is a lot of work ahead. We are pre-
pared to take the lead, working with you and others to make this an
outstanding development for the elderly of this community.
Sincerely,
p
Paul Long I
1<7
Robert L. Welsh
363.5-
N
635
6 Knollwood Lane
Iowa City, IA 52240
September 13, 1977
The tfayor G City Council of Iowa City
Civic Center
410 East Washington
Iowa City, IA 52240
Ladies and Gentlemen:
1977
I write you this letter in my capacity as Chairman of the Iowa City
Riverfront'Commission to express the unanimous and sincere appreciation
of the members of that commission for your actions directed toward acqui-
sition of the Showers property. We understand the difficulty of making
such decisions and, therefore, doubly value the fact that you have acted
favorably on our proposal to buy that property as a first large step in
riverfront development by the city.
As in your case, so in ours, the compensation for public service cannot be
monetary but must be the feeling of having acted effectively for the
community. The Riverfront Commission in its more than five years of life
has as yet little tangible evidence of its existence. Our greatest con-
tribution to date has been our work in connection with the Report of the
Stanley Consultants. Important though this kind of planning may be,
it is unsatisfactory unless followed by action. Steps toward acquisition
of the Showers property are major steps in importance and as such very
gratifying indeed to the Riverfront Commission. We all wanted you to know
that.
Yours sincerely,
Samuel t . Fahr _�
Chairman
Riverfront Commission 8 L E D
JIB SEP 131977 D
ABBIE STOLFUS
CITY CLERK
3635
I
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Iowa City
proposes to dispose of the following described
property, to -wit:
All of Ferson Ave. shown on the plat of Black's
Park Addition, Iowa City, Iowa, which plat can
be found at Plat Book 2, page 38, of the plat
records of Johnson County, Iowa, lying between
Blocks I and G and running from the north line
of Park Road to the south line of Gould Street,
except for the center twenty (20) feet thereof,
1) The property will first be appraised by a com-
petent appraiser.
2) The property will then be offered for sale to
the adjoining property owners.
3) If neither property owner wishes to purchase
the property, sealed bids will be received by
the City Clerk. He will open bids and report
the results at the next Council meeting, at
which time the Council will make the final
disposition.
4) The City will reserve an easement for sewer
and water lines, over which the purchaser
will be unable to construct any structure,
20 feet width.
Notice is further given that pursuant to Section
364.7 of the 1977 Code of Iowa, a hearing by the
City Council of Iowa City, Iowa, on said proposed
disposition of said property will be held at the
Council Chambers in the Civic Center of Iowa City,
Iowa, at 7:30 P.M. on September 13th, 1977, and
any person having objections to said proposed
action may appear and file their objections at
said hearing.
Dated at Iowa City, Iowa, this 3rd day of Septem-
ber, 1977.
9/3/77 /s/ ABBIE STOLFUS, CITY CLEW
3636
•
p.,p.s�k
I am urging you to pass thJQnant Landlord Ordinance unchanged, In particular,
10.a.s
I would like to see clause 'r,, which deals with discrimination in housing
on the basis of sex, marital status and affectional preference, retained.
If you recall, on March 15, the day of the public 'earing on the Human Rights
Ordinance, not one person rose to speak against its passage. Many targeted
their remarks specifically to the discrimination in 'ousing issue. Yet
lo. z.5
that clause. nearly identical to this clause 'fir, was struck from that
Ordinance's final draft.
i
I want to know hop'you justified leaving'so many Iowa citians vulnerable to
discrimination in housing? To put it more precisely, who exactly would be
harmed by extending this protection to these inidividuals?
i
The obvious candidate would be the Landlords. One would think that landlords,
as buj siness persons would be willing to rent to anybody who were fit tenants.
That is. who would keep their apartments reasonably clean, who would leave i
their; apartments in good repair, who would be considerate if t'•eir neighbors
and w!•o would pay their rent on time.
Can you produce 'any statistics which conclude that unmarried couples, singles
and gays are less likely to be fit tenants than anyone else?
This Ordinance, along with most of the leases now being used in Iowa City,
spells out the obligations that tenants must fullfill, Implicit is the remedy
a landlord may take in the event that a tenant fails to meet these obligations.
Oft heard is the concern that a landlord may meet with a charge of discrimination
when trying to remove a tenant who legitimately is unfit. Surely,, landlords
would be able to marshall the necessary evidence, testimony, etc. to demonstrate
the validity of t'eir case, There would be no injustice done to landlords
by securing protection against discrimination in housing Far those persons.
:36371
10.2.5
..._...--mentioned-in-clause - . . . . . .. .... ._----._—{{-
i
There would be no injustice done to the person who lives in the same dwelling
that he or she rents. That person is exempt by the ordinance.
Finally, there would be no injustice done to potential rentors who are
mistaken for being gay, unmarried, etc., but who in fact are not. To deny
A
these people-housing would be as unpardonable as it would be absurd! .. _._.__._.
/ On.behalf of the urkley Apts. Tenants Association I submit
to the Council copies of the correspondence and housing inspectors'
reports on our building for the past year to illustrate why the
Tenant -Landlord Ordinance is needed in Iowa City.
People atlthe Burkley formed a tenants' union last November.
We began meeting because we found we all had similar complaints
and were tired of feeling frustrated and powerless and ripped off
because repairs took months to get done, if they were done at all.
We were tired of leaky radiators, broken windows, roaches, drippy
faucet's, ovens that -didn't work, falling ceiling tiles and plaster,
and plumbing problems.
We called the housing inspectors in November, and they inspected
8 units. As a result, a two-page letter of violations was sent to
the owners. They had until February to make the repairs. In
February these 8 units were reinspected, and the remaining 18 units
of the building were inspected. A five-page letter of violations
resulted. Most of the repairs were made by June, but the apartments
slated to be plastered and painted have not been done nor have the
kitchen and bathroom vent fans in 13 apartments been installed.
Nor will these be installed shortly because first the electrical
system needs overhauling.
No, our problems are not over. Finally after a.year of working
t'b get:things done, the management and.owners are responsive to
some of our requests. They have agreed to negotiate some of the
clauses of the lease which we consider unfair or unforceable. But'
'< the big bugaboo still remains -- they will not commit themselves
to giving us deadline dates for repairs that are needed. Their
explanation is thattit is hard to get craftsmen to do the work
and therefore they cannot give us any dates.
So our main problem is still not solved. That is why
the
3637
r,
Tenant -Landlord Ordinance is so necessary. If an owner or manager
orpi
is uncooperative enegligent about making repairs, the tenant
can take action to get things rolling. As it is now, tenants
have very little bargaining power in this town. It's time our
rights are clarified and protected. Passage of the ordinance
will ensure this happening.
Valerie A. Wilk
130 E. Jefferson
0
_ J. Jane Fox
Duene L. Rohovit
FOX a ROHOVIT
LAW OFFICE
212 Dey Building
Fowa City, Iowa 52240
Crest Townhouse, Inc.
c/o Donald R. Peters
Spencer, Iowa
337.3702 - - -
Sir:
I have agreed to represent a group of concerned tenants of your
apartment complex at 130 East Jefferson Street, Iowa City, Iowa.
You should have received copy of the November 22 letter captioned
"Notice of Determination of Violation" from the housing inspector.
Although the list includes faulty wiring,`falling plaster, and
bad radiator regulation, the main concern is with the cockroaches.
we feel that more spraying would remedy the situation. Furrher,.
garbage disposal should be moved to the outside of the complex.
Since several tenants have agreed to assist the elderly in the
building, there appears no reason why such disposal cannot be
made outside. In addition, we would like to see the of -her
violations cleared up as soon as possible. Could you please
give us some progress report?
Barbara Yates. ;
i:.
Attorney at Law
cc: Housing Inspector, David Malone
Dean Oakes
510 E. Burlington ,.1,i
Iow? City HoUs+n Conmis- i;r_s_on •n.o Branson
i �1EBS
1AISUR-OR
..S/
December 29, 1976
9
W—FWA
P.O. Drawer 1067 SPENCER, IOWA 51301 Phone 712/262-5496
P.O. Drawer 185 MILFORD, IOWA 51351 Phone 712/338-2441
P.O. Drawer P SPIRIT LAKE, IOWA 51360 Phone 712/336-1850
Architects of Financial and Insurance Planning
Ms. Barbara Yates
Fox & Rohovit Law Office
212 Day Building
Iowa City, Iowa 52240
�.FIE: Crest Town House, Inc.
Dear Ms. Yates:
In regard to your letter of the 13th and my phone call, General Pest is now servicing
evemonth. Their complaint was that they had left signs requesting a call if any
ry
"bugs" appeared when they were servicing every three months.
I have also instructed our manager to purchase a large metal dumpster for use
outside the premises; other items listed are being scheduled.
Very trul yours,
Don Peters
DP/pke
c. c. Frank B. Nelson
Proffesional Building
Spencer, Iowa
Dean Oakes
510 E. Burlington
Iowa City, Iowa
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41
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> r February 2, 1977
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7.
".Crest Townhouse, 'Inc.
c/o Donald R.- Peters
Spencer,; Iowa 51301 - ^'
.Sir:_
:Since receipt of.your latter of December 2/9, 1976 and tmour phone r _a
::conversation concerning your apartment 130 E. -Jefferson,.
Iowa City,; I. have been in contact with a representative of i:he`group
of. concerned tenants.' As of February l,. to my'knowledge the exter
>.minator�-did sprayfor the month of January; however, only, one other `': �.
, violation.has been corrected (installation -of outlets in #31)
,.gors.continue to. e agdefects, falling
problem.Inaddition, the.dumpsterthasanot It
been installed yet
The tenants would like a more exact schedule of. when these .deficiencies
will be taken 'care of. Please feel free to.contact me at 397�;370�
Sinc rely, ', tt< •,� '.
z � h
} Barbara Y tes
Attorneat Law,
s �/
BY
y;_ t t 1. 4 J •4 ry
/vcrt
cc: David;Malone, Housing Inspector
Paean Oakes
' c�
Crest Townhouse, Inc.
Professional Building
Spencer, IA 51301
Sirs,
I
�`;
•
March 7, 1977
We tenants of Burkley Apartments, 130 E. Jefferson St., Iowa
city, wish to discuss the recent repairs of the premises and address
additional areas of general concern.
We are enclosing copies of the housing inspectors' reports of
November 22, 1976 and February 23, 1977 and have checked off the
deficiencies that have been corrected. Thank you for your cooperation
with these repairs. However, we must add that some o`f the repairs have
not been satisfactory. For example, in the bedroom of Apt. 27 the old,
chipped, dirty ceiling tiles that had fallen down were nailed back into
place. Apt. 2 has a piece of plywood nailed on the ceiling of the main
living area to replace a fallen tile. In Apt. 36 the living room window
was repaired and reinstalled and now it is impossible to open the window.
We are interested in efficient repairs, but hasty, poor quality work is
no real solution.
We are also enclosing a list of additional repairs needed in
various apartments that were not mentioned in the housing inspectors'
- reports.
Additionally, there are some major areas of concern that are not
dealt with in the housing inspectors' reports. These can be divided
into two categories: items easily remedied and more extensive problems.
The first category includes:
1. A fire alarm system - Our primary concern is safety. There
is no fire alarm system in the building. If a fire broke out on
first or second floor it might very well be too late by the time
third.and fourth floor tenants were aware of the danger. We
have noticed that recently some sort of bell has been installed
at the top of the stairway on second floor. Is this the first
step in installing an alarm system throughout the entire building?
We request that procedures in case of a fire be posted in the
building also.
2. Fire escapes - We question the safety of both fire escapes.
The one on the south wall is especially perilous. It is merely
a ladder extending from the fourth floor to the roof over the front
entrance. If a fire were to occur and many people from fourth
floor tried to climb down the ladder, there is a very real
possibility that people could fall off the ladder in their haste
to descend and/or that the ladder could become detached from the
building and a tragedy result. The north fire escape does not
seem securely fastened to the wall. Bricks have loosened under
the third floor window as a result of the building settling and
this is one of the points of attachment of the fire escape.
- 2 •
cleaning of the halls, lobby,
3. Maint� �e - The infrequent
and stairways is a matter of general concern. A maintenance
to perform this task on a weekly basis as well
person is needed
as to do the whole range of necessary repairs in both
thu suchaan
ment complex and the 115 N. Dubuque St. building.
arrangement repairs could be done more speedily and, hopefully,
would be of a better quality.
q. Roaches - With the installation of the dumpsters (at present
there is only one for each building) and a more frequent schedule
of spraying, the problems with roaches have diminished somewhat.
However, to bring this situation down to a truly manageable level
we believe that spraying must be carried out on a very strict
schedule and that sprayings should be increased alsoveryinctwoude eeks
for the next two -three months. Spraying
basement. Another alternative is to fumigate the building. We
realize that con with management efforts to alleviate this
problem are tenant responsibilities to maintain apartments clean
and free of garbage. We have discussed thisresponsibility
ultofo this
at our last tenant meeting and will be esP are contacted
the future. Those people not at the meeting ..
about this matter.
More extensive repairs include:
The roof
1. Structural repairs - eaves
example, the northeasts
need cleaning and repairing; in places
corner) the downspouts have become disconcw
trough and must aterted rrunsom hdownvthe
be reconnected. present
is the
case with the east wall where
sides of the building. This
s causing softening of the bricks to
this lack of proper drainage i
the extent that water runs into Apt. 30 and has caused damage to
the inner wall. This situation was paneling.
i 1
This isFuary norsolution.
covering the affected wall with panelling.
The entire east wall will continue to soften and eventually will
• reach an irreparable state if no true corrective measures are taken.
2. Electrical wiring - open fusing in the basement should be we
rewired into circuit breaker boxes for greater safety. Also,
installing an additional
ask that within a month work be begun on ins
circuit to each apartment, beginning with the two-bedroom apart-
ments and those with several major appliances. Adding another
circuit to each apartment will decrease the load on the existing'
circuit and create a safer electrical
Tsituations workcouldnbeicobe
couldmpleted
run up the outside of the building.
over a five-year period.
, ulking windows On t
- The outer caulking on the windows is
two separate occasions panes of
badly in need of repair.glass
3Reca
one on
fell out of am
walking one
onoDubuque,fourth
St. wheneitherfofor)
Luckily no pedestrianswere
these incidents occurred. This is obviously a very dangerous '
situation and of utmost concern to us all.
0
- 3 -
We ask that you submit a schedule outlining repair dates for
each of the abovementioned points in each category, as well as
for the attached list of necessary repairs in the various apartments,
to our attorney, Barbara Yates (212 Dey Building, Iowa City, 337-3702)
by March 31, 1977.
We wish to maintain open communication with the management
concerning all aspects of improvement and maintenance of the Dremises.
However, we do not feel that that has been the case in the past with
management as no one has contacted.our lawyer personally since December.
We hope that this lack of communication will be remedied shortly.
7
7 1t Y LLQ
1
_ cc: Dean Oakes
Hawkeye Property Management
J
sincerely,
Housing Inspectors' office
Tenants United for Action
Mrs. E. Scott
.- - �.'-gin:•
3/7/77
LIST OF ADDITIONAL REPAIRS NEEDED
Apt. 4 - Bath tub needs aulking
Fire extinguisher has expired.
Apt. 2 - stove/refrigerator unit (General Chef L -K) needs replacing.
Present unit is old, the stove door does not close, and
the refrigerator door needs insulating repaired.
Apt. 7 - New kitchen floor needed.
Apt. 5 - The living room floor has weakened noticeably in several
areas. There are several large cracks in the linoleum.
Apt. 3 - This apt. has never been sprayed since November.
Bathroom needs replastering. 'The light above the
refrigerator goes on when the bathroom light is
switched on and vice versa (these lights are in two
separate rooms). One of the south windows has a
broken cord so that the window cannot be opened
now. Supposedly this window was worked on.
Apt. 8 - See inspectors' list. Also, living room/bedroom ceiling
hole repaired with unmatched tiles. Remainder of ceiling
is water -damaged and buckled (as is the bathroom ceiling).
Mr. Terry has agreed to fix the former and a commitment
on when is needed. The bathroom ceiling has not been
discussed previously.
Apt. 21- All windows, especially the south ones, need caulking
very badly. The heat doesn't go on during the night.
Apt. 20- Fix gap in upper window on east wall. New bathroom
floor needed. Leaky toilet. Pipe needs checking in
bathroom as toilet gets stopped up frequently.
Apt. 23- Kitchen faucet is leaking.
Apt. 28- Radiator needs checking. Pipes clank very much when
heat is on.
Apt. 36- Living room is impossible to open since it has been'fixed'.
Bath tub and bathroom sink faucets leaking again (They were
fixed only last week). Bedroom window does not stay open .
of its own accord.
0 -2-
Apt. 38 - Separation between wall and baseboard in kitchen and
northeast corner of living room. Wood paneling above
sink is warped and needs replacing as does counter top.
Apt. 48 - Separation between wall and baseboard along east wall.
Apt. 44 - Newly installed toilet leaks.
Apt. 45 - There is still a large gap in one of the west windows
where the upper and lower windows meet, although the
window was supposedly repaired. Bedroom windows need
recaulking.
COMMENTS
Everyone who could be contacted agreed that they would like to
have the dumpster in the front yard moved to the alley next to
the 115 N. Dubuque building where the other dumpster is located.
In- the summer the flies and smell of garbage will -be very
bothersome for both tenants and passers-by. To prevent incon-
venience to.the elderly tenants a system will be worked out so
that they will not have to dump their garbage if they do not wish
to do so. We believe that -.this will be more convenient for the
garbage collectors also; they will only have to pick up garbage
at.one location.
Fumigation seems to be the only answer to really eliminate the
problem of roaches. We will cooperate with the management in
order to accomplish this goal.
All tenants are very pleased with the quality of work and the
consideration of the workers who laid new floors in the apts.
This is not the case with the workers putting in new windows.
In several apts. there are still problems with windows that'
were supposedly fixed.
We would appreciate it if, in the future when repairs are made,
tenants are contacted and consulted'if something major is to be
done: Recently dark wall paneling was installed on one entire
wall of the bone -colored bedroom of apt. 30. The tenant wasn't
consulted as to whether he wanted such a drastic change in decor
or not.
ri
MM c ('00G� , �jCWS CENTER,410 E.A5
10
10N ST.
IOWA IOWA 52240Ke
3193U.,eoo
IOWA calIOWAa�
NOTICE OF DETERMINATION OF VIOLATION
November 22, 1976
Hawkeye Property Management
Bill Terry
5 Paul Helen Building
Iowa City, Iowa 52240
RE: Twenty-six multiple located at 130 E. Jefferson-?
Dear Sir:
On November 18, 1976 the property at 130 E. Jefferson
was inspected by Charles Calef and Pamela Barnes of
the Department of Community Development, as the result
of a complaint call.
upon inspection the following violations were found:
y
1. Chapter 9.30.8.E provides for the owner of a dwelling
where infestation exists in two (2) or more dwelling units
or in the shared or public parts of the dwelling, extermination
thereof shall be the responsibility of the owner.
Cockroaches were seen through out the building. They were
observed in apartments; 7, 27, 30, 31, 36, 41, 43, and 44.
Roaches were mainly found in kitchen and bath areas.
The third floor garbage collection room was infested with
roaches.
This cockroach infestation must be eliminated for health
reasons.
2. Chapter 9.30.6.A provides for every foundation, roof,
floor, wall, ceiling, stair step, and every window, door, and
other aperture covering shall be reasonably weather -tight,
rodent proof, sound, of safe construction, and shall be maintained
in good condition.
The following should be replaced or repaired:
Apartment 43 -Plaster in kitchen on wall has fallen away in area the
size of 16" square.
Apartment 27 -Ceiling tiles in bedroom and bathroom are loose and
some of.them have fallen.
I
/130 E. Jefferson
•
Ceiling tile in living room above entry should be resecured.
window in apartment 44 bedroom facing the east needs to
be reputtied.
Re lace broken windows in:
%/,,a. Apartment 36 -kitchen pane
�/ b. Apartment 7 -bedroom window and living room, east window
pane.
Apartment 30 -East wall in bedroom is in need of scraping and
•painting.
3. Chapter 9.30.5.E provides for the proper installation and
maintenance of all electrical fixtures.
Repair or replace light switch in apartment 36 bathroom,
because it shorts out.
An apartment 43 bathroom light switch needs a new toggle.-
Apartment 7, kitchen east wall -outlet needs a cover plate.
4. Chapter 9.'30.5.E provides for every habitable room to
contain at least two (2) separate electric convenience outlets.
Apartment 33 -south bedroom and north room each. need one
additional outlet.
5. Chapter 9.30.5.F "Every dwelling shall have heating
facilities which are properly installed, are maintained in
safe and good working condition, and are capable of safely
and adequately heating all habitable rooms."
JApartment 43 -valve in bedroom heat register does not work.
Apartment 27 -heat register leaks water.
You are hereby ordered to remedy these violations by February
18, 1977. A reinspection of the property will be conducted at
that time to ensure code compliance.
Should you wish to contest any of these orders, your written
petition requesting a Hearing before the Housing Appeals Board
must be received by this office within ten days of service of
this notice. Your petition for hearing must briefly state the
grounds for your appeal. If you have any questions; please feel
free to call Housing Inspection at 354-1800 Ext. 323 or 324.
Thank you for your cooperation.
Sincerely,
Pamela S. Barnes 1:116
Housing Inspector
cc: Dean Oakes, R. R. #2, Iowa City, Iowa
Donald R. Peters, 1223 Country Club Drive, Spencer, Iowa.
PB:CC;ak
February 23, 1977
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NOTICE OF DETERMINATION OF VIOLATION
Crest Townhouse; Inc.
Frank B. Nelson
Professional Building
Spencer, Iowa 51301
RE: Structure located at 130 E. Jefferson, containing twenty-six
living units.
Dear Mr. Nelson,
On February 18, 1977, Housing Inspectors Burke and Calef of the
Department of Community Development, and Property Manager
Bill Terry inspected the property at 130 E. Jefferson known
as the Berkley Apartments.
This letter also includes a review of all inspections performed
during the past year of 1976. Where deficiencies still exist
from past letters a notation will so indicate, "previous letter
and date".
Chapter 9.30.6.A provides for every foundation, roof, floor, wall,
ceiling, stair step, and every window, door, and other aperture
covering shall be reasonably weather -tight, rodent proof, sound,
of safe construction, and shall be maintained in good condition.
Apartment #3 -Kitchen floor covering needs to be repaired or replaced.)
ndyf� Bath, needs to be scraped and painter where paint is
peeling and cracking.
/
�✓ Apartment 17 - Living room/bedroom - coaor around pipe on east wall
at the ceiling 'needs to be replaced or repaired.
Apartment $8 - Living room/bedroom - paint/paper cracking and or
kgeling north wall,
Apartment n20 - South room ceiling and south wall have several
structural cracks, this appears to be from settling
of the structure.
Apartment A21 - Bath, repair ceiling plaster and paint.
Apartment $23 - Kitchen, paint/paper is peeling, scrape and repaint
where necessary. Bath, wall on south side and ceiling
need repaired and painted where necessary.
Large cracks in ceilings and walls are due to
settling and need repair.
structur,i
page 2
Nelson/130 E. Je*son
•
Apartment #25 J Itchen, replace three panes of proken glass.
✓Living room, replace broken window pane.
North Room, repair door latching and locking
device. Repair cracks and paint where necessary.
Apartment #27 \'Replace broken window on west wall.
Apartment 129 - South room, large cracks are do to structure settling
and need repair.
Living room, windows on west wall need repaired.
Apartment #30 - South room, repair window on south wall.
Bath, south wall scrape and paint where necessary.
Large cracks are do to structure settling and need
repair.
Apartment #41JMain room, molding at ceiling is coming loose and
needs to be renailed.
Apartment 445 - Throughout apartment,large structural cracks and
some soft/plaster do to settling must be repaired.
Kitchen, Yfloor covering needs to be replaced, ag/so
replace counter top.
Apartment 446 Living room, windows need to be reputtied.
Apartment #48 - Living/bedroom, north wall repair wall under window
,.and repair sash. V-asf wall, replace missing mounting
on windows and reputty glass.
Kitchen, repair hole where sink drain pipe goes through)
wall.
/ Hall, 4th floor - North end, repair window frame and sill so windows
will fit properly.
/ Hall, 3rd floor - North end, repair window frame and window sash so
window will fit properly.
East wall, renail along ceiling and plaster or
calk crack along baseboard.
Hall, 2nd floor - North end, repair window frame and sash so window
will fit properly.
East wall, plaster or calk crack along baseboard.
Chapter 9.30.5.0 provides for bathrooms without a window or skylight
to be equipped with a ventilating system approved by the Housing
Inspector.
Apartment 13 - Bath, a vent fan or some mechanical ventilating device
must be installed.
Apartment 17 - Bath, a vent fan or some mechanical ventilating device
must be installed.cle t- �
�� .- '�aYS � '•t:e.wf Yxeeti • '�-Q
!te w
Apartment #21 - Bath, a vent fan or some mechanical ventilating device
must be instalaed.
I
page 3
Nelson/130 E. Je0rson •
Apartment 424 - Bath, a vent fan or some mechanical ventilating
device must be installed.
Apartment 436 - Bath, a vent fan or some mechanical ventilating
device must be installed.
Apartment 440 - Bath, a vent fan or some mechanical ventilating
device must be installed.
V/
partment 444 - Bath, Install a vent fan or some other mechanical
ventilating device.
Apartment 445 - Bath, install a vent fan or some other mechanical
ventilating device.
Apartment 446 - Bath, a vent fan or some mechanical ventilating device
must be installed.
Chapter 9.30.5.B "Every habitable room shall have at least one window
or skylight which can easily be opened, or such other device as
will adequately ventilate the room."
The following apartments need a vent fan or some mechanical ventilating)
device installed in kitchen:
Apartment 43
Apartment 424
Apartment 440
Chapter 9.30.5.E. provides for the proper installation and maintenance
of all electrical fixtures.
Apartment 43 - Kitchen, temporary wire used in kitchen must be enclosed
tea.; da-c-� q to avoid possible electrical shock. ("noted in previous
✓XZO^ I letter, November 12, 1976")
Apartment 421 - Bath, secure light fixture to ceiling. Some temporary
electrical wire was noticed during inspection.
("noted in previous letter November 12, 1976")
Apartment 423- /Closet, electrical fixture needs to be properly
secured.
✓Bath � replace coverplate.
Apartment 448 - mall room with refrigerator, secure light fixture to
wal
ing room/bedroom, remove all temporary electrical
wire (drop cords)
Chapter 9.30.6.F "Every supplied facility, piece of equipment or
utility shall be constructed or installed that it will function
safely and effectively, and shall be maintained in satisfactory
working condition."
,page 4
Nelson/130 E
Jef0son •
Apartment 43 - Kitchen stove bottom door is broken and must be
repaired.
Chapter 9.30.4.I provides for all plumbing, plumbing fixtures, and
appurtenances thereof to be maintained in good working condition
and reasonable repair by the owner.
Apartment 47 - Bath, faucets for the bathtub are leaking.
/1 7-c. 1N 1
Apartment 440 - Bath, fill valve will not completely shut off
causing a water leak and needs repaired.
Chapter 9.30.6.E provides for every bathroom floor surface to be
constructed and maintained as to be impervious to water and such
floor be covered with a surface that is easily cleaned and kept
in a sanitary condition.
Apartment 48 - Bath, floor covering needs to be repaired or replaced.
•Apartment 423 - Bath, floor covering needs to be repaired or replaced.
Chapter 9.30.4.G "Every water supply inlet shall be located above
the flood level of any installed sink, lavatory, bathtub or auto-
matic washing machine and similar water using fixtures, or above
some unobstructible overflow thereof; and there shall he no sub-
merged inlets, except submerged inlets installed with a vacuum
breaker of a type approved by the Housing Inspector."
$;rr� inn
The following apartments need the%,fixtures replaced:
Apartment 423
Apartment 425
Apartment 427
Apartment 443
Apartment 445
Chapter 9.30.5.E provides for every habitable room to contain at
least two separate electric convenience outlets.
The following apartments need one additional outlet:
✓/Apartment 437, south room
VApartment 440, living room
//Apartment 441, B6droom
v Apartment 446, Living room and bedroom
Chapter 9.30.9.) Fire Extinguishers adequate for type of occupancy
must be provided and maintained in operating condition at all times.
Apartment 438, needs to have a fire extinguisher installed in the
kitchen area.
page 5
-Nelson/130 E. JefOson
11
Chapter 9.30.4.R provides for every dwelling unit and rooming unit
to have access to two independent, unobstructed means of egress
remote from each other.
Hall, fourth floor - south end, replace window to remove obstruction
of egress.
Cockroaches were observed in some living areas, however, the sightings
were not as frequent as in the past. This office recommends a
continued extermination program. From our inspection on November
22, 1976 until now your current program has been .the
control of insects.
You are hereby ordered to remedy these violations by June 20, 1977.
A reinspection of the property will be conducted at that time to
ensure code compliance.
Should you wish to contest any of these orders, your written petition
requesting a Hearing before the Housing Appeals Board must be
received by this office within ten days of service of this notice.
Your petition for hearing must briefly state the grounds for
your appeal. If you have any questions, please call Housing
Inspection at 354-1800, Ext. 323 or 324.
Thank you for your cooperation.
Sincerely,
Charles W. Calef .64tC
Housing Inspector
CWC;ak
cc: Marion Neely, 510 Iowa State Bank
Hawkeye Property Management, Paul -Helen Building
•
Crest Town
House, Inc.
Box 93 Spencer, Iowa 51301
Phone 712-262.1150
March 21, 1977
Ms Barbara Yates
Attorney at Law
212 Dey Building
Iowa City, Iowa 52240
Dear Ms. Yates:
This will acknowledge receipt of the March 7, 1977, letter
directed to us by the tenants of the Burkley Apartments. With
respect to the items referred to in the letter, and with respect
to the general complaints of the tenants, you should be advised
that we have been working with the City of Iowa City Housing
Inspection Section. Any of the complaints contained in their
recent inspection report have been completed and others are in
the process of scheduling.
With respect to the general comments contained in your
letter of March 7, 1977, the following comments are in order:
(1) The building does contain a fire alarm system
which has been installed and in effect for some
period of time. If you will look in the hallways,
you will discover the alarm mechanisms.
(2) The fire escapes have been inspected by the Fire
Marshall's Office and persons from the City Housing
Department and have been deemed to be satisfactory.
Their inspection, which took place last fall, included
climbing entirely to the top of the building on both
fire escapes, together with complete inspection.
(3) With respect to maintenance of the halls, lobby and
stairways, obviously, in an older building it is
_ difficult to maintain complete cleanliness. We will
continue to attempt to maintain these areas in
an above-average manner.
Ms. Barbara Yates
• -2- • March 21, 1977
(4) With respect to the
items
bunder
your
t"extensive
hat we e
repair" category, please
obtaining estimates on some of these matters and
will proceed as realistically as possible to
complete necessary major repair work.
We do appreciate the concern being expressed by the tenants,
and hope in the future we can work more closely with them toward
a general upgrading of the living conditions
/in the building.
F ri AV�WJG
r
p elson
FBN:CJH
cc: Mr. Marion Neely
Room 510
102 South Clinton Street
Iowa City, Iowa 52240
Mr. Dean G. Oakes
Box 1456
Iowa City, Iowa 52240
Mr. Dor_ R. Peters
Peters -Reimers Insurors, Inc.
800 Grand Avenue
Spencer, Iowa 51301
Hawkeye Property Management
No. 5 Paul and Helen Building
Iowa City, Iowa 52240
r
•
POINTS COVERED IN MEETING WITH TERRYS 4/28/77
i
k
1. Alarm system - System in the building is 2 years old. It passes
insurance and fire dept. minimum standards. It's a smoke'detection
system in the basement. The alarm at the top of 2nd floor is the
only bell in the system. The owners are waiting for another insurance,
�A
"\-co. report on the system -- Terry has suggested that battery operated.:;
alarms be.installed (3 each) on -at least 3rd and 4th floors.
2. Fire escapes - All are said to meet code; last inspection of the
escipes•was in the fall (?) It is possible that angle irons - a
- will be installed on the back of the.fire ladder at the south r
end of the building. Notices ,w ill be posted as to which exits
each apt. should use in of fire. Also, notice wi11 b'e posted
as to how the alarm system works and how to operate the extinguishersY
in the halls. It was also suggested that people might consider buying -
:a sturdy rope -and keep it coiled and tied to a radiator to offer.anothe
method of escape in case of fire.
One other thing we might consider is appointing one person per floor
responsible for knowing especially well what to do in case of 'a fire '
SSS• ..and this person would explain this to new tenants when'they moved in
6d
--� The Fire Depthas info regarding fire prevention and what to do in
case of a fire. The info will be run off and distributed to all tenant
3. Major repairs - They're getting bids frpm contractors to do external
painting,.caulking the windows, fixing the eaves. The last two items.'
will have priority and hopefully these will get done this summer.
..Our requests regarding the wiring were not receivbd well. Terry said_
that open fusing doesn't have to be enclosed if.the basement is kept
locked. He said that as long as air conditioners are not used the
wiring is sufficient for every apt. -Rewiring would be too expensive .
and the building would be torn down if that were the case.
-4.Other repairs - We'd like to make a list of apts. that have big cracks
around baseboards (greater than 1/4"). Up to 1/4" (maximum) cracks
can be handled with caulking. Wood will be put in to fill up the
holes and this should cut down` on the bug problem further.
i
s _ 2 - -�
5 Painting - There is the POSSIBILITY (at this point still only a
.' possibility) that those people who wish to do the caulking and
:patch plastering in their opts. will get paid fol doing the work.
People-who have plastering done (or who do'it themselves) will be
provided with paint•(only bone white) to do their apts. The older
people in the bldg. will have their opts. painted by someone hired
by the owners. If you believe your apt. warrants repainting, talk a
to Mrs. Scott. -n
.6. Leases and rent 'increases - Starting this fall (August) everyone
will have to sign a lease. It is a new lease, different from the
type we signed last Aug. Rent increases go into effect at the
time .of the new lease -- 10-15% These increases may not be as
_high for the people who have lived in the building for many years.
Mr..Terry stressed that the increase has nothing to do with the
fact that we have organized a tenants union. He cited rising
costs in labor, utilities, etc. for the raise.
'1. Maintenance - The discussion got a bit heated here, but basically .
' N all was said was that the building is old and that they'll work on
making sureneededrepairs-are done more rapidly.
COMMENTS REGARDING
PROPOSED TENANT -LANDLORD LEGISLATION
IOWA CITY, IOWA
SEPTEMBER 13, 1977 by W. A. Fotsch, CPM
Madam Mayor and Councilpersons:
The real impact that the proposed tenant -landlord legislation
will have with reference to forcing higher and higher rents in the
Iowa City area; its impact on the City in the form of staff expansion,
increased budgets and potentially devastating liability claims, has
been discussed time and time again. I don't wish to take too much
of your valuable time with repetition, but I do want to emphasize
that those statements and claims are well founded and accurate and
should be basis enough for all seven council members and people of
Iowa City to overwhelmingly reject the proposed tenant -landlord
ordinance.
My purpose tonight is to supply you with an additional historical
perspective and some raw data concerning rental properties. The
proponents of this ordinance cannot point to one single city in
the entire United States in which the tenants affected, or the City
as a whole, or the city administration, is happy with tenant -landlord
legislation -- the evidence simply does not exist which would support
the adoption of this kind of ordinance. In fact, quite to the contrary.
Legislation similar to this which has been proposed has been the
root cause for massdeterioration of housing and indeed has precipitated
the deterioration of entire sections of cities. New York City is a
prime example. Officials there now reluctantly admit that such
legislation is costing the City of New York upwards to 30,000 dwelling
units annually. Of course this has had a measurable impact on the
3637 1
0 - 2 - 0
City's financial outlook because it represents 502 million dollars
of delinquent real estate taxes that had to be written off. This
situation can be documented in city after city that has adopted
similar legislation. If you should desire, I have copies of newspaper
articles and editorials that I can share with you which clearly point
out the results that lie ahead for Iowa City if the people go for
this legislation. Housing imbalance, reduction in quantity, quality
deterioration, friction and a combination of social and economic ills
will be the direct result of such counter-productive legislation.
I encourage everyone here to do their homework and simply find
out what other cities have experienced from legislation involving
tenant -landlord relations. There is overwhelming evidence that
hindsight shows us this type of legislation is an extreme handicap
on the very people it is supposedly designed to help. In fact, the
movement now is to undo legislation of this type, the state of Florida,
Boston; Massachusetts, and Montgomery County, Maryland, as a few
examples.
I am a tenant and also an owner and my cry is the same as the
vast majority of other tenants. We do not want legislation! We want
decent housing that fit our needs, that we can afford. This is
absolutely what non -owners or tenants want and believe it or not,
owners want the same thing.
We are all kidding each other if we think for a minute that
this proposed legislation can provide the answer to our wants,
sufficient housing at affordable prices.
Attached to this presentation is a copy of a report that I have
prepared from the 1977 Experience Exchange publication of the Institute
of Real Estate Management.
. 3 •
The totals of nearly SO% for expenses before mortgage payments are
made, show factually and accurately that the Iowa net income and
expense situation is no different than that of other parts of the
U.S. What has happened elsewhere as the result of such legislation
will happen here.
These figures also add credibility to the argument that the
most immediate result of such legislation will be higher rents and
deterioration of quality in housing.
Let, have foresight and using 20-20 hindsight vision I
encourage you and the people of Iowa City to soundly reject the
proposed tenant -landlord ordinance.
Thank you.
9
AVERAGE INCOME AND OPERATING COSTS
GARDEN TYPE APARTMENTS - UNFURNISHED
DOLLARS PER SQ. FT. RENTABLE SPACE/YEAR
1976
Prepared for Iowa Chapter 063 of IREM by W. A. Fotsch, CPM from Income &
Expense Analysis of the Institute of Real Estate Management. This report may
not be used in any way without permission.
% OF
% OF
% OF
ACTUAL
(MIDWEST)
ACTUAL
ACTUAL
USA
INCOME
REGION #7
INCOME
IOWA
INCOME
Gross Income Possible
2.78
100
2.79
100
3.77
100
Actual Income Collected
2.67
96.0
2.67
95.7
3.76
99.7
Payroll
.20
7.5
.20
7.5
.19
5.1
Supplies
.02
0.7
.02
0.7
.05
1.3
Paint & Decorating
.06
2.2
.06
2.2
.05
1.3
Maintenance
.16
6.0
.16
6.0
.17
4.5
Services
.04
1.5
.04
1.5
.05
1.3
Miscellaneous
.03
1.1
.02
.7
.02
.5
Electric
.14
5.2
.10
3.8
.10
2.7
Water
.07
2.6
.06
2.2
.09
2.4
Gas
.05
1.9
.03
1.1
.03
.8
Heat
.13
4.9
.08
3.0
.15
4.0
Management
.15
5.6
.15
5.6
.21
5.6
Other Administrative
.06
2.2
.07
2.6
.05
1.3
Insurance
.05
1.9
.06
2.2
.07
1.9
Real Estate Taxes
.33
12.4
.36
13.5
.70
18.6
Other Taxes
O1
.4
O1
0.4
Total Expenses
1.40
52.4
1.35
50.6
1..86
49.5
Net Operating Income
1.27
47.6
1.32
49.4
1.90
50.5
Before Debt Service
Note that even though average Iowa
rental income is over $1.00 per sq.ft. higher
than the
Midwest and USA averages
that the "bottom
line" or (What is left after
the bills
are paid
before mortgage payments)
is nearly
the same
percentage wise
for all areas compared.
Your
attention is directed to
find out why! After you compare all
expenses,
that have
some
variance, you then see the
major reason - Real Estate Taxes.
The Real
Estate Tax
for Iowa
is _over twice as much as
the USA average
and
nearly double the
Midwest
Region.
_ For your additional information debt
service
is running from
45-60% of
income. So
- _ you can see with expenses
averaging
50% of income many properties
are faced
with
a negative cash flow.
Prepared for Iowa Chapter 063 of IREM by W. A. Fotsch, CPM from Income &
Expense Analysis of the Institute of Real Estate Management. This report may
not be used in any way without permission.
613 2nd Avenue S. E.
Cedar Rapids, Iu 52401
Due to past experiences witi:in at lcaat a year's time -- equal to
the duratiuu of a 1.inoe contract tl:o tcnmits Oi Town ural Carpus
Apartments request an azistivr to our iurpilry. 7 -ie ;,;eneral ,ratepf pur
l iViilg conditions hat; becot9e :41i.paico:!. !'i. riy '.._!jugs of frtl>C ratLon aIid
anger have ;u_facini among the [ena.rts concaruin;�, m:glucl of the iwalJi.ogs
and grounds upkeep, i'roiat;cs had bean exprested c.j renters who aigued
new leases that the shabby affair of this would be improved,
while long-standing renters are becowing impaticur with tile, constant
procrastinat.ton of repaiis; in totalthcr-a's an aSrced citssr:r-Isfacti.on
with the following points. We have 2 new iarna;;ar vlio is eager to meat
the challenge of these comply pts, :�horefore it's fair 'list you as cN^.ern
also realize these ccnditions:
1. The laundror.,it n-.rvices have been reduced to a point where only threc
washing nachirtes (out o' 9 only rally) are operable. Bel.r.g a 100 unit
complex, there's been quite a rush oil laundry room privela�cs. In the
past, many clothes have been rutaed due to grease or inconsistenr_y on
part of the machines. It's been discussed that a money -changing
machine would also ald those of ,Is mho fioi Jr_ pryers conauurin[; all
of our dimes.
Essentially, the milor handicai. here is for :erre.nis :alto rely ou the
laundry rorty: at the coniplax bcr_ause they _.-jck transportation to go
elsewhere. These machitics arc a guaranteed sat -vice in ntr ].ease and
.yet since June the requisition for replacements has not been fulfilled.
This seems to deserve a valid e-mplanation, Our present manager is
knowledgable about lauudroaiatn and has terncd t!icge machi.res as
hopelessly irrepairabl.e. i;c,:ry clay oz dr.1_:;; Js a great Lnconuenicnce
for mothers and the sr: who hr.ve tight srhedules. A inonths' time. for
approval is outragecu!;, considering; the covet of the appiL4nees
comparnble to this prop�!rt;•'e Incor-
2. Secondly, the sidewalks have become a he.zarj, eapstcla.11y to the
elderly and children who a major population of thu complex.
We are aware that e. t1.[Ratee hr vc• b,+au to �.. ... far UL•rc!:;opning tl'o
walkways. Hopefully this -will hn dune by winter. 1. nt ye. -,r a
hands!tovul had to be Lw -!d for snow removal. Seta:tiMea Buys could pass
before the wallas were cleared if at all. Everyone must wade through
large puddles that even ranch sane C06rw?.'/Z:.
3. Thirdly, the stairiayr are etrecturnl.iy absurd •,Then it.. comes to safety.
It would be in order to consider railing or boarding over patcien ol.
open spare that coast outside the dnonvayi; they are large enough for
a small child to fall through to tin coucrei.e below, in fact this has
happened, A clause in our lease forbids children to play oil thu
stairways yet what are they to do if they live on the second floor'?
Just walking to I,round love.]. causes many pa -cents anxiety.. Also, this
children are inclined to play on th-2 sta.incays from lack of a play
area. 1'he existing "playground" coasinta or r,, splintered saud.o...
The manager is taking an effort tc „,t up _ 3wingset, a small. !;Cale
one with capacity for a zr_+ chl" drsr tit r. tJm,t. This. to _ nice ;,esture
but even wL:.h li c.zn't; :o:+non;::,;.y :,I! istu..d u;ac the
approximately dozen presrhool chil.are�.n who live here. A chinning bar,
slide, and baskr_tball hoops would be hivx.penslve, onfer, end more in
demand..
4. The doorways are a violation of Iowa City's housing code in some
apartments. Without weatherstripping on the front doors, rain and
cold come in, heat and air conditioning goes out and ou. utility bills
go skyrocketing. The patio door casings are drafty and the non -thermal
glass causes alot of energy waste. Screcna on the entrance doors
would provide ventilation when air conditioners aren't in use (or not
workingl), would save money on utilicles, and i,elp couirol iusects.
4leather stripping and screen doors at the front entrances are cheap,
and practical, but tim, conouming for our manager and one mzintanence
man. Could help be hired for so simple a task before winter sets in?
5. Finally, "minor" problems have persisted `.or unreasonable lengths of
time. Hasty cover-up of probleas such as a -leaking ceiling, furnace
and air conditioning malfunctions, dripping, faucets, and ].ease window
screens, and poor outside lighting result in complaints having to be
repeated. Previous managers either incompetent or discouraged by the
great work load were partially to blame. Yet we've come to believe
that the slow response from funding authorities is also involved.
There has been a speed-up of improvement since Ray became Town and
Campus Apts. manager. E.C. the filling of chuckholes in the driveway
and new c=-peti.ng in a few apartments are greatly appreciated. Yet
these seem to be only token actions when persons who have .lived here
over a year are still waleing for rotting carpet to be replaced,
leaks to be stopped and incomplete paint jobs to be finished.
Since our rents are now increased $20 across the board, we expect
clean living quarters in return. Toro and Campus tenants strongly agree
that as businessmen of integrity proper investment in maintenance of your
property is an expected responsibility. Communication from you, the owners
to the management and to us the renters who substantiate your investment,
would be appreciated. In closing, we find our manager to be a welcome
sign of encouragement. We now look forward to hearing from you.
cc Bob Johnson
Ray Potratz
c__
• r :
Sept. 13, 1777
Statement by Margaret
1100 .... :u;: .....
This past . or.
...rv_ „•::::,
enough ahour• t;u- dr •,•;a.c?• :, i:or i:'l, ;,: ,ri.i;., in.: f, i.,: r,q
and his ager.*.:: co try to o.. :�u.: rr-tltr•n.
ants to do any cpkeep or rrprar er:it:,o;:!: c�;nt-C o` ;:;te ..,�:,•oc:: tn.'wc Lid to CL iy
on promises for hope ^f
....
vice, we're, trying to unti-,." i c Che ze.', t�} i:ire, i. ..._cps the t.ant ala unGc•.c the
thumb, unable to Jive re;H-c+.-i�l.r ;tnd ar, ci.'.r'.]•r as tT l::;t; },-.:,f,;,:, c�.. e se -y❑
we must,
The present city rode J.z3 .,_ ri-I 4i,.`!0i i.ed 1u rrovi.u;.ns: r.cr hots<t velf.re, but
its enforcement is 'too weal:. Af:::ei: .. t: _,;u.'.d p,•otectc tire: landlord
from that party'-: h±cach D.-
c;uJ.nu.era or
the laundry, or futuro. dis•sn�.i:>r _, ��c: _: su ;.,, 'u.. i::i.
Section 9. Suclr heeting, aL: "' t.
c;, n:<_c�_uux.tg ::v:d`oz �s:�.�:.r ?tea�a;,,�, ec,uipment.
- water valves, elr_tri::_7 svl tr, na:' c... .. ._;aslter. Cad fosr�. !,nfnn as Land-
lord may permit Tennnr: to tr:e or +.;ar. > >:a ; r :rtil_ : -,t :a+aatoaatottsly a
and not 1n coesideracion csii a! y react d;. hes ecu%er, and sliall 2 fu:cnished only
so long as Tenant shall not be. in dc•f:•, i- ;,r,dti +;,_; l.r! .. ...'thin l.esse. shall
not be effected (si^_) gin, �i:r:. -.i.. -.,-".�a..u�::.on o;. abat:-lae:nC of rent
and no constructive eviction s::a'.� br- ... i,,:,c, orlovi:-: berr,iee of the inter-
ruption or curtailment: of any aer:;.r_- (including bur. not 1Lmi..ed to heating
or air r_onliti.oniny) or +:.tf.i.it9r,e nr tl `vt'.l.rrc r ,.__ . a.•irE o: any !.n-
convenience, or discomfortrising frcul r�pnit:: or isprca'a;lents grade in the
premises or any other par,.: of the or ::o;mnor areas or
facilities or arising out of sCri.'c'S lai,or trn.ib.leo, accident, governmental
requirements, or any other r;imi. i;; r. oi- ,lie,^.`'n'Inr cr.ose...
If tenants attc�npt ::o have t4-'-': hc+
(Section 7)—the landlord's personal conte actors must be contacted under written
I permission of the landlord.
Lent winter our family, including a 2 -week-old infant. endured 3 days of 0 -
degree weather while the heater was being repaired and then replaced. The break-
down was caused by the neglect. of routine aainta:inwtce, ittcludittg repAace.;teut of
the filter. We eventually moved to relatives witliout abatement of rent that:
month (the lease forbids abatement an well).
A neighbor's 18 -month-old fell through n. screen window on the second floor
and suffered a fractured skall. Site was heaitant to complain, she feared losing
her Section -8 (:;ubvidi ed hmw:l%') r•,.;tnd ale;, '..f tar••. dears:d try i:n rue (cause trouble).
Beside" the lease apparently protects ttre landlord from liability (Section 16).
Atter discussing with our landlord our. dis::atisfaction with thu preauines
there was nothing to do except tvnit. two more munthn to at leant see our laundro-
mats operable again.
This letter is not intended to "i,mmagc the renui:ntion of Lrndi.ord or Landlord's
apartment building or building::" ;S.e.r,.�, ^CC.ua lcj. We only wnai: good business
ethic3, including efficiency and fcirne:;r:, k�,tveen I^nrllor.;1 and ten^r,t.
The following notice was nc;:t to 'the Inst June. Now It is the ob-
ligation of the landlord to see th„t. ;:epna.+:-•. Erna:. An '7 —3 i.n r^nt has Leen
in effect foral:nut `_ mor. -Lc nc:a rX,,! ..� ;mods
i
1
Alex J. Lubet
07 N. Dubuque #3
Iowa City
STATEMENT TO THE TOWN COUNCIL OF IOWA CITY FOR ITS MEETING OF TUESDAY 9/13/77
ON BEHALF OF TIIE PROPOSED TENANT -LANDLORD ORDINANCE
This statement deals with legal remedies for operator violations of
rental agreements as provided for in the proposed Tenant -Landlord Ordinance.
In addition, the statement proposes that, of the proposed remedies, which fall
into two categories, tenant -initiated and city or housing -inspector -initiated,
the teriant-initiated remedies require less time and are procedurally simpler and
thus, more attractive to the tenant whose rental agreement has been violated than
city -initiated remedies. One result of this preference for tenant -initiated
remedies will be a lower expenditure for the city than has been estimated in its
suggested increases in the 1978 budget for housing inspection, since portions
of that increased budget are allotted to expenses anticipated to be incurred in
city -initiated remedies to operator violations of rental agreements, which we
contend will occur with less freeuency than tenant remedies, which will impose
little or no expense upon the city. The economics of tenant vs. city -initiated
remedies of operator violations of rental Agreements and of the Tenant-Lnndlord
Ordinance in general will be covered in detail in a subsuquent statement.
9.31.6 --Tenant Remedies --there are three remedies Available to'the tenant for
operator violations of rental agreements --termination of the rental agreement,
tenant -initiated repair with appropriate rent deduction, and Abatement of rent.
They are covered respectively in subsections 6A, 6R, and 6C of Chapter 9.31.
Terminntion--If the operator fails to comply with the, rental Agreement or fails
to maintain the premises or essential services, the tenant may notify the operator,
in writing„ of the breach and the rental Agreement will terminate 30 days after
receipt of notification if the breach is not remedied in lb days. This is a
defense necessary to the tenant's rights in the rental agreement as well as her/his
health, comfort, And safety. Of tenant remedies, this is least nttrnetive, as
it reouires that the, tenant find better, affordable accomodations within 30 days--
difficult or near impossible, as anyone who has been a renter for Any length of
time in Iowa City will ascertain.
H. Repair and Deduct --If the operator fails to make any essential repair
whose reasonable cost is less than $150, the tenant may notify the operator of
his intention to correct the condition at the operator's expense. If the operator
fails to make the repair or mike An agreement with the, tenant within lh days, the
tenant may arrange for repairs to be made by a professional and submit the •receipt
to the operator, deducting the cost of the repair from her/his rent. The tenant
may do this up to h times in a twelve month period. This is the fastest and most
straightforward way for the tenant to obtain repairs --therefore the most attractive
to the tenant, as well As the simplest And least expensive for t e operator, who
will no doubt mnke the repairs his own resonsibility, therefore securing repair
services At the least expense to him and maintni.ning the value of her/his property.
C. Rent. Abntement--If the operator fails to maintain the premises such that
the tenant's health, safety, or welfare in endangered or the premises are•damnged
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sufficiently to impair enjoyment of the dwelling unit, the tenant may continue
occupancy and abate part of the rent in proportion to the diminution of value
of the rental unit or abate full rent, obtain suitable, temporary acconodations
until the breach is remedied, and recover the difference between the.temporary
housing and rent from the operator. If the breach is not remedied in llp days, the
tenant may terminate the rental agreement and recober the difference between the
cost of new housing, and the periodic rent from the, operator. This remedy offers
the tenant the opportunity to bring economic prersure upon the operator to repair
severe deficiencies in the maintenance of the premises, pressure which will
insure rapid restoration of adenuate living conditions. In addition, it insures
that the tenant will not have to suffer either substa•idard living conditions or
bear the. expense of temporary housing due to conditions she/he has not precipitated.
The tenant may achieve essentially the sane affect as city -initiated rent
withholding but faster and without rend ring the services of the housing inspector.
Sections E, F, and G, clarity the tenant's obligations in seeking remedies and
tenant protection from unlawful retaliation by the ope.rntor. They are self-evident
and need no further clarification here.
Section 9.31.7 --Duties of the Housing Inspector--Procedure--'Phis section
essentially conforms to the current practice of the lows City Housing Inspector,
with notable exceptions. The 'tenant -Landlord Ordinance limits the time allotted
for the completion of the schedule of corrections or violations to two months,
with extensions granted only in exceptional circumstances. Ourrently, the
granting of extensions is standard practice and the schedule of corrections is
limited by law to six months. The Tonnnt-Landlord Ordinance requires that each
affected tenant reciive a copy of the notice of violations. This is essential
so that tenants may initiate remedies. The Tenant -Landlord Ordinance requires
that failure to correct violations by the specified date shall require that the
Housing, Inspector certify the dwelling, for rent withholding.
The expenses incurred by the city in the administration of rent withholding
will be held down by economics --no operator can afford to allow her/his property
to fall into sufficient disrepair for sufficient time to face the monetary loss
incurred by rent withholding. Few tenants will allow their dwellings to fall
into sufficient disrepair to respire rent withholding without first applying, the
three tenant-ipitiated remedies provided in the 'tenant -Landlord Ordinance.
Section 9.31.10 contains this direct quote from the 1919 State Housing,
Code h13.115; "the Housing Inspector or any officer desigsahod by the City for
this purpose shall apply to the district court for an order authorizing, him/her
to execute and carry out the provisions of said notice." The quote is paraphrased
only in that the word "'shall" has replaced the word "may" from the 1919 Code.
Where the 1919 Code calls only for "the abatement of the nuisance" (in this case,
any housing violation), the Tenant -Landlord Ordinance empowers the city to make
repairs, under receivership, at the operator's expense. tipis allows the city
to prevent the loss of housing to disrepair --a necessity in a city with an acute
housing shortages. It is essential that the city have access to receivership as a
remedy to Municipal Code violations as a reserve economic pressure, one step
beyond rent withholding, which we have already seen is an untenable economic option
for the operator. Objections to receivership on the grounds that, it deprives the
operator of his property without due process are false --nn order for receivership
must be obtained from the district court --by due process --and the order may be
appealed.
The tenant and city -initiated remedies provided in the Tennnt-Landlord
Ordinance will help maximize Iowa City's amount and qudity of rental housing
chiefly through tenant -landlord interaction, without exte.nni.ve burden or expense
to the courts or the Housing Inspector.
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Mark Deathsrage, Tenants United for Action
Statement to City Council--September 19, 1977
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Mr. Kucha akt who is director of the Housing and
Inspection Services, has estimated the aosts of administering
the Tenant/Landlord Ordinance at approximately $74,000. We,
of course, feel-,,that this expenditure would be well justified
but that the ate is higher than the costs would actually
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have -to TDB. •, -4.;.
There are 'two observations that 600% we would
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tially,like to make about this estimate. The first is
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that $74,600 is only about $5 per person in Iowa City. and
that this Is a cheap price to pay for the benefits that
will accrue to Iowa City tenants. The second observation
xis that Mrahucharzak has not only said that he Peels that
F� the,OrdinoAe would be worth the $74,000 cost, but also
%tragi, present`e'd a maximum budget---he is director of the
office. 'afia' aturally would present a budgot that reflects
the very maximum passible cost of the administration.
Keeping these things in mind, there seem to be two
important questions to ask when looking at the breakdown
of: this budget estimate. The fivst question deals with
determining what is actually necessary, An important
thing to keep in mind is that it is not wise budgeting
policy to allocate money for staff, equipment, etc., until
it's been shown that they will be necessary. The second
question is, what part of the budget 0A estimates are
directly attributable to the Ordinance itself? Some of
the items in the budget are items that have been requested
- in previous years by the Housing and Inspection Service.
We will divide the ordinance in the same way that Mr.
Kucharzak did, looking at the costs of the Rent Withholding
program, the costs of the Receivership program, and the
General costs,
Mr, Kueharzak estimates the cost of Rent Withholding
at $32,000, including two more Housing Inspectors at
$13,500 each and a half time clerk typist at $5.000-
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We find two problems with these estimates,
First, the number of times the Rent Withholding
providdon will be used is probably overestimated. The
reason is two -fold. On the one hand, Yenants will
be more likely to use the tenant remedies of repair and
deduct for minor violations and rent aba'temen'; for major
violations. The reason is that these are the quickest
solution , and tenants will be informed of thle fact
through mailings by the Citizens Housing Center, The
other factor is that landlords are not likely to AxM
delay repairs long enough for rent withhilding to come
Into effect, because he would thus be deprived of
income during the Pent Withhdlding period, Thus, while
he will eventually have to pay for the repairs no IeagQ?-
mat•ter how long he waits (and they will probably become
more costly Myer time), but he will also have to borrow
or otherwise raise funds to pay the monthly encumbrances
such as utilities, eaters etc, It will thus be cheaper
overall for the landlord to make repairs before Rent
Withhoading is implemented.
The second problem with the Pent Withhhlding estimate
is that, at most, only one extra Housing Inspector should
be weeded, not two as Mr. Kuchars&k suggests. His report
says that there will probably be an initial rash of
complaints, levelling off after that at about 20-50
+ complsints per month due to the Ordinance. According to
Ins3poctor Dave Malone, `they sheudd be done with the annual
syetematic inspection in December, and thus would be able
to handle the initial rush of complaints after that. If
necessary, they could postpone the start of next year's
inspections until the spring as they did this year.
Besideso we tAth&hW&&WOtbtA also would contend that it
is not al all wise budgeting to hire staff merely on the
basis of emergency neods, As far as the number of
complaints after that, computing tir, Kucharvak°e statistics
out shows that only one addi�tionaJ3. inspector at most would
be needed. He says there will be an additional 20-50
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comvlaints nerOnth. and he has stated J10 an it me.ctor can
handle between 2-6 complaints per day, Using the averages
of these two estimates, ive find that handling 35 complaints
per month at 4 complaints per day would be g days work.
Thus, there obviously is not a need for 2 more inspectors,
Ar.m®ee�ezataoxd.la-#- One additional inppector is
already authorised in this year's budget, and the approp-
riation of that authorization erhould most the additional
need due to the Ordinance. This would logically mean that
only a quarter -time clerk typist mould be needed. From
all of this we conclude that -the Rent Withholding budget
estimate is high by about $16,000, and should only be
Wow.
The next part of the budget estimate is an
additional construction specialist for the Receivership
program at $14,000, lie don't feel that this will be a
necessary expenditure. The chances that the Receivership
program will actually ever be utsed are very slim --it is
,a deterrent provision. It is very doubtful that a
landlord would 410* delay repairs long enough to allow
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the City to take over the dutyof repairs and rent
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collection, At most, we are confident that there would
be no more than one or'tsvo vaet cases, And due to the
provisions of the ordinance and the longth of appeals, it
would probably be at least a full yestr from passage of
the Ordinance that Receivership would be used. In
talking to Mr, Kucharsalc, Z learned that the job of
the constctuction specialist per case is approximately
20-30 hour, There would have to be 12 cases in a year just
to give him one month's work, and of course, it is highly
unlikely that there would ever be even more than 2 or 3
cases, We don't feel that it mould be wise to hire a
construction specialist at $14#000 for probably one or two
weeks work, The present construction specialist couls durely
handle this workload.
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The last part of the budgmt estimate is $27,000 for
General Support Conaiderat:lons, First of all, it seems
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that a lot of these Qs4hmatos items are items that have been
requested in the past year or two by the Housing and
Inspection Service, and are not costs directly attributable
fully to the Tenant/Landlord Ordinance, For example, an
automobile was requested lest year, and may well be
needed by the Department, however, administration of the
Ordinance alone could not possibly justify a new car.
We also can°t see why the handling of 2 or 3 complaints
per day could justify a $2,280 telephone. Also, the
request for $10,880 worth of office space is not a direct
consequence of the ordinance6 as Mr. Kucharsak notes, the
Civic 8enter is already crowded and new space would most
likely,be needed aryrray,I think the same analJeis can be
applied to all of the other astimates, such as for
equipment, services and supplies, technical services, etc.
I think that a liberal estimate might be that at most
J, $10,00 to $150000 of the $27,000 for General Support
could be costs directly from this Ordinance.
' To sum all of this up, we feel that the Report
estimates are too high by $5.6,00 for Rent Withholding,
$14,000 for Recervorship, and at least $129000 to $170000
for General Support, for a total overestimation of
` $42,000 to $47,000. We can't see any 'nay that the
administration of the Ordinance could cost the dity more
than';$250000 to $309000. And of course, this is not all
directly costs of the ordinance. For example, if an
additional Housing Inspector were hired. and had 10 days
of work per month on the Ordinance complaints, that would
leave half of his time for other projects such as the annual
Inspections, etc., which we believe would be beneficial
Ampnovements,
MrO Kucharzak believes, as do we, that the benefits
of the Tenant/Landlord Ordinance are well wothh $74,000,
Surely it°a a bargain at $25,000 to $30000.
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Donn Stanley, Tenants United for Action
Statement to City Council, September 13, 1977
Thq provision that makes the entire ordinance enforceable is
the security of tenure section. If the tenants have security to
report code violations to the landlords or housing inspector, then
these violations can be reported and corrected.
No other ordinance even the one proposed by the Iowa City
Housing Commission affords security to the tenant who complains
directly to the landlord. If the tenant can communicate directly
with the landlord without fear of retaliation, code violations
can be repaired in the shortest possible time and the city will
be involved in the smallest possible way.
This provision also includes protections for tenants who
organize and sue to enforce their rights. The right to organize
is basic to enforcing all rights that we have. The right to sue
without retaliation is important as we saw in the Old Cold case
where the tenants were threatened with not having their leases
renewed if they took legal action to recover some of their rent
for being without heat during part of the winter.
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1.` Ira lloi.nic!c, 1 i:vcrue •
(1� Comments oa the.: posy?.
City Council Nesting 9/13/77
I would like to offer some of the 'reasons why I suppo.:t the proposed Landlord-
Tehant Ordinance. One of my major concerns is the decline of lows City's older
neighborhoods. The typical pattern is for single family dwellings to be convert-
ed into multi -family rental dwellings. idbnn these incon:: properties are not
maintaineddaccording to the City's Puatimum Housing Code, they deta;:inrate. Their
value eventually declines until it is more profitable to tear down t:he existing
housing and replace it with new, higher density dwellings. Of course, _ants will
be higher for such units.
Worse still is the destruction of housing for non•-resWential uses. 'rTnen I
moved to my present apartment at 325 Iowa Avenue, the viaro ftom my front porch
was of the beautiful Iowa Avenue bN�5;nvord, and a row of older homes across the
street. Today, much of that view is occupied by a large parking lot. Several
older homes have already been destroyed. A couple of th-_m, unfortunately, had
already been allowed to dateriorate by f:ailura to cn`orce the City's housing code.
Others were, it seemed to me; quite soma! stractur:
I believe that the City should do everything iu its Dower to prevent Lite fur-
ther loss of residential dwellings in nei hborhoods Eike mice. It would be a
crime against- this cumnun-ity to ailaw the three b autif.!. flours di_ectly across
the street from me to be converted into land fill. The 7,aadlord--Tenant Ordinance
will prevent this.
When higher density hou?:ing and commercial establishmnnts move into a neighbor-
hood, more than homes are destroyed. Traffic and parking; problems, noise and
pollution increase; yards and v2getcti.oi: disappear. The Laadl.o';Ct-Tenant Ordinance
can also help to presurva the quality o; 1i.fe irn olds at:ighborhuo:is.
By.stabilizing housing, the Landlord -Tenant Ordinance will also benafi.t home-
owners in older neighborhoods. In a market tanerc it is sometimes cheaper to let
a house deteriorate and replace it with ne•::er units; speculatt.oa and cons, true tion
of higher density housing increases the assessed value and property saxes on each
home in the neighborhood. In addition, remaining single family dwellings become
less attractive as family residences to potential. buyers. A vicious cycle exists,
in which more and more single family dwellings are lilzely to be bought as income
properties, allowed to deterio;:nta, and ra:placed cslti+ nearer mid n:m:c expensive
housing.
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Comments an the propo. Land].ord Tertent Ordinauaa
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Thus, in addition to its disruption of existing neighborhoods, the current
speculation forces new families to seek new and care expensive housing on the
edges of the city. This creates inflationary pressure fcr the Iowa City housing
market as a whole. Saving older houses will discourage speculation. It will
stabilize the market value of single family homes as single _`amily homes. And
it will slow dawn the yearly rate of increase in property taxes.
The loss of family housing is causing an steady decline of the school-age popu-
lation in the older part of the City. This has led to debate over the continued
use of Sabin, Central and Horace Mann schools. Meanwhile, there is a growing
demand for new schools in the suburbs. Solation: to this problem are difficult,
and may be costly. But a vigorous program of code enforcement, assisted by the
Landlord -Tenant ordinance, can help mitigate the problem itself.
In short ensuring effec_ive code e:%orccm aL, the Larin.ord-Teuant Ordinance
will help to preserve older neighborhoods and thereby ber:efi.t all. residents of
those neighborhoods, and ha:ar_ar•mers throught t -be city; and can help avert a cri-
sis in our ncliool system.
However, the proposed orr:inance alone will not do the job. In order to main-
tain our present neighborhoods, the City Council should continue to support a
strong Housing Rehabilitation program for low and moderate income homeowners in
older neighborhoods. The City sl�oulci complete systa:aatic inspection of all dv.ell-
ings in older neighborhoolo--a program approved by th-- Ccntmittec on Community Needs
and the City Council. The Council should also consider xore restrictive zonin-o
for near-do,,nLovm areas which still have a prrdoniinar.tly residential character.
High density housing should be limited, as much as possible, to certain target
areas. It is only through a comprehensive package of meenuras that v+e can both
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ptovide the housing needed by our citi:eus and preserve the gglity of life in our
older neighoorhoods.
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• PAULA 14LGid
1-.C.
I would like at this time0to address myself to Section
10:2.5 of the Tenant -Landlord Ordinance which concerns dis-
criminatory practices in housbng. The section reads (read
part A, Section 10:2.5).
Now, when the Human Realations Ordinance was passed in
March, it added to the list of Iowa City residents who are
protected in housing, the disabled and the aged. Yet the fact
remains that theee are still hundreds of people in this city
who have no legal recourse should a landlord decide that they
are "undesirables" and refuse to rent to them, or decide to
evict them. These people would be covered under provisions fors
1) lawful occupation - This has special relevance for Iowa City
because of the large numbers of student renters. Some landlords
rent only to students, some only to non -students. We want to
equalize this, to ensure that people are not penalized by the
fact that they are or are not in school, but have an equal chance
in responding to an ad simply because they need a place to live.
2) marital status - Too often , single and unmarried people are
penalized in their search for decent and affordable housing by
ads which read "couples only", and by landlords who interject
personal beliefs about marriage and sexual mores into the
business of renting an apartment or house. is p ould
ensure-equaY-houssng-t s -a -re nt n -i y
S.
3) families and families w/children, including single mothers
with children - These people often have the hardest time finding yy
housing for themselves and their children. Many families who rent
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rather than buy housing are on public assistance programs, and
are forced to compete for housing with students who can double
up or eveh add a third person to help pay rents, which remain
high as a result. Many are single mothers who are consistently
faced with ads that read "no pets or children". This provision
and the provision on marital status would help to open up more
options and ensure equal housing to those whose lifestyles are
not necessarily in agreement with the personal beliefs or wishes
of many landlords.
&) affectional preference - This is one that the Council has been
through before, and a lot of misconceptions and untruths were
brought up about gay people and their lifestyles. As the law
stands now, a gay person can hold a job in Iowa City, have a good
credit rating, and open a checking account, but if a prejudiced
landlord decides to deny access to housing, that person can't live
in Iowa City. The fact remains that gay people are vulnerable to
the personal attitudes and beliefs of landlords who can —Wm* refuse
tp rent to them because of their sexuality. This provision in the
ordinance reduces the possibility of such discrimination. Yes,
such a law does matter in Iowa City because there is a large gay
population in this town. And no, such a law Qua will not cause
gays to feel any more free to be themselves in public - all of us
are aware of the distaste nfilz and hatred with which most heterosex-
uals would view us, and no law is going to change that overnight.
The inclusion of affectional preference in the T -L Ordinance does
not "sanction" homosexuality any more than '
existing laws sanction being black or white or male or female. It
simply ackowledges the existence of prejudices and discrimination
against gays in this country, and insures that no ones human rights
are abridged because of it.
In considering these provisions, it should be noted that
they are aimed at the professional landlord, the person who
owns one or more 12-plexes or 8-plexes, who is in effect,
running a business. In this case, we are sayibg that discrimina-
tion has no place in such a business. On the other hand, we
are not attempting to impose hardships on those homeowners and
landlords who must live and share facilities with their renters,
and for this reason the following provision has been included:
(read #8, letter D "Exceptions" ).
So you see, the Discriminatory Practice section of the T -L
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Ordinance ms=s an invaluable amendment to the city's murrent
discrimination ordinance which stili leaves so many citizens
in a vulnerable position when it comes to finding a decent place
to live. I urge you to strongly consider its merits when it comes
timeb to vote on this measure.
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Sane Vanderbosch
326 Fairchild
Iowa City, Iowa
for The Protective
Association for Tenants
Presentation to the Iowa City City Council's Meeting of Tuesday September 13, 1977
In Support of the Proposed Tenant -Landlord Ordinance
The Protective Association for Tenants is present this evening to provide
documentation in support of the proposed Tenant -Landlord Ordinance. We shall address
three aspects of the housing situation in Iowa City which directly pertain to the
dialogue surrounding passage of the ordinance. These aspects are: Types of problems
which tenants encounter in housing, some of the underlying causes of these complaints,
and existing remedies for tenant complaints along with the inadequacy of these remedies.
Our office deals with many types of tenant complaints. We feel that four broad
categories of complaint which come into our office would be affected by the proposed
ordinance: Harrassment of tenant by the landlord or landlord's agent, eviction of
tenants from their dwelling, damage deposits which were wrongfully withheld, and
repairs which were not made after the landlord had been informed of their necessity.
Specifically, in the past six months we have received twelve complaints of harrass-
ment, twenty-three cases of eviction, 116 cases of damage deposits which were not
returned, and fifty-three cases of landlords failing to make repairs after being
informed of their necessity. We would also point out that the number of complaints
pertaining to repairs rises signifigantly in the winter months due to complaints of
inadequate heat.
Yet, this necessarily broad breakdown of complaints does not reflect the human
costs attendant to the housing situation in this city. It does not reflect, for
example, the misrepresentation and intimidation of tenants by landlords in order to
evade or ignore existing housing laws. These evasions result in conditions which
would border on the ludicrous were they not, unfortunately,true. Situations such
as that of that of the family which was forced to live for two weeks with a leakage
of raw sewage into the basement of their dwelling before the landlord got around
to having it repaired. Then there was the tennnt who was told by the landlord
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to fill the cracks in her floor with rags to "conserve heat" in an inadequately
heated apartment. While horror stories of this ilk are not the norm in Iowa City,
niether are they the :exception.
These conditions are in part attributable to the very tight housing market in
Iowa City and to a tradition of tenant reluctance to assert their rights founded on
fear of loss. This fear is reflected in the agreement of tenants not only to sub-
standard housing conditions, but also to prohibitive provisions in leases. One
lease clause which is found in many Iowa City leases states that the tenant "releases
the lessor from any and all provisisons under the Iowa Housing Laws";another common
clause gives the landlord "a lien for the rent and all cost herein described at any
time remaining unpaid upon any and all property of the Lessee... whether such property
I:,... ..
is exempt from execution and attachment or not. A third example, perhaps the most
unconscionable, informs that "any failure on the part of the TENANT to so pay, to
so perform and to so observe and comply[with all provisions of the lease , shall at
the OWNER"S election work as a forfiture of this lease agreement ... and all rights
of the TFSANT thereunder, and thereupon the OWNER or it's agents, may re-enter the
subject premises... and expel, remove and put out the TENANT ... using such force as it
or it's agents shall deem necessary in so doing, and to repossess and enjoy the subject
premises again the same as though this lease agreement had never been entered into.
To effect such a forfeiture and termination of this lease agreement it shall not
be necessary for the O.4,4FR to give ...notice of its election to forfeit said lease
agreement... Tenant hereby expressly waives all right to any such notice... after
any such failure to comply with the terms of the lease agreement [and without notice
from the landlord], the tenant shall be deemed guilty of forcible detainer of the
subject premises." The proposed tenant -landlord code would prohibit the inclusion
of lease provisions such as these in leases.
It cannot be too strongly reiterated that the underlying causes of both the
aforementioned complaints and the acceptance of prohibitive conditions and lease
provisions are interrelated. The tight housing market provides little incentive either
for the tenant to demand or for the landlord to supply. Lack of housing creates
high competition among tenants and fear of not being able to secure any type of
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housing at all.and fear of being evicted leads to passive acceptance in many cases
of sub -standard conditions.
The fact is that even if the tenant chooses to take action against her or his
landlord there are few methods of recourse currently open to them. If a tenant
does not have a lease they have their hands tied by the knowledge that the landlord
can retaliate by giving them a thirty day notice to move if they complain about
their housing conditions or attempt to take action. Ironically, tenants with
leases are not in a much better situation. They can try putting pressure on the
landlord to correct existing conditions, they can bring in the housing inspectors
if that is appropriate-- although we have had many tenants report that their landlord
ignored the housing inspector's letter telling what repairs need to be made or
the tenant can go to small claims court to try to recover monetary claims or for
damages.
This singular reliance upon judicial redress(after methods of tenant pressure
upon the landlord have been exhausted) not only over burdens the courts, but fails
to address the problems themselves. The remedy of going to court for damages forces
the tenant to argue his or her case as an exceptional situation; for example the
tenant whose landlord fails to make repairs may go to court to recover damages, but
this does not force the landlord to repair the situation which prompted the court
action.
The forms of redress which the proposed tenant -landlord code would provide,
such as rent withholding and repairing the apartment and deducting the cost from
the rent are usually shied away from by tenants because with no laws or court
precedents governing these actions tenants fear eviction for non-payment of rent.
The landlord -tenant ordinance which is being proposed would rectify the present
imbalance by providing by statute a state of mutuality and reciprocity. It would
provide a set of rules rather than the perpetuation of exceptions. For these reasons
the Protective Association for Tenants urges that the Council, after due consideration,
approve the ordinance in its present form.
Provided following this statement is a copy of the Protective Association.for
Tenants Damage Deposit Checklist, to serve as an example of the type of checklist
which the ordinance would require all tenants and landlords to fill out in cases
involving damage deposits.
0 0
DAMAGE DEPOSIT CHECKLIST
Before taking possession of an apartment or soon after taking possession you
should examine the apartment very carefully and
list all existing damages on
this sheet. Make one copy for your landlord and one for yourself and both
you and your landlord should sign the list when
it is finished.
Kitchen:
Problems?: Yes No
Sink(clean?in working condition?
connected to hot and cold water?)
Cabinets or Shelves(clean? in good
condition? doors working?)
_
Stove(clean? connected properly?
burners all working?)
_
Refrigerator(clean? operating
properly? adequate coldness?)
Window or Vent Fan(windowsqppea?
fan working?)
Electrical outlets( two separate and
remote outlets in working condition?)
_
Floor(clean? water resistant?)
_
Light fixture( working? secured
properly?
_
Walls(clean? cracks? nail holes?)
_
Explanation of problems:
Bathroom:
Toilet (works properly? leaks?) _
Sink, Bathtub/Shower (connected to
hot and cold water? working properly?)
Door (closes properly?)
Floor (clean? water resistant?)
Towel racks (secured properly?) _
Cabinets or Shelves (clean7 doors
working?) —
Window or Vent Fan(Window opens + closes?
fan works?) _
Light fixture (works properly?)
Electrical outlet(works?) —
Explanation of problems:
Livingroom:
Floor or Carpeting (in good condition?
clean? burns or holes? _
Walls ( clean? nail holes? cracks?
falling plaster?) peeling paint?) e _
Light fixture (works?) _
Electrical outlets ( at least two working
outlets?
I
-2 -
Windows (open and close properly?)
Explanation of problems:
Bedroom(s):
Floor or Carpeting (in good condition?
clean? burns or holes?)
Walls (clean? nail holes7 peeling paint?
cracks? falling plaster?)
Light fixtures (working?)
Electrical outlets (at least two working
outleta7)
Windows(open and close properly?)
Explanation of problems:
Structural Conditions:
Windows (airtight? cracked? broken?)
Screens (no hole§?)
Storm Windows (weather tight?
cracked? broken?)
Doors (good working condition? weather
tight?)
Locks (good working condition?)
Stairs (in good condition? handrails on
all sets with more than four steps?)
Walls and Ceiling (no falling plaster?
peeling paint? holes?)
Explanation of problems:
Furnishings: (If 'provided by landlord)
Furniturd (clean? in good condition?)
Curtins or Drapes (clean? in good condition?)
Air Conditioner or Fan (works properly?)
Explhnation of problems:
Other:
Adequate Heating and Hot water
Exits ( There must be two possible
means of exit)
Rat and Roach Free?
Explanation of problems:
LESSEE
LESSOR
DATE
DATE
Yes No
L
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6 0
NOnCE OF PUBLIC HEARING
ON 0APAIMM (LOUSING ORDINANCE
PRESENTED UNDER INITIATIVE. PROCEDURES
OF THE IOWA CITY CHARTER
Notice is hereby given that a public hearing will be held by the
City Council of Iowa City, Iowa, at 7:30 P.M. on the 13th day
of September 1977 , in COUncl Chambers in the Civ c
Center, Iowa City, Iowa. At which hearing the Council will consider
arguments for and against the proposed Ordinance presented under the
initiative procedures in the Iowa City Charter which is entitled:
Ordinance To Implement the Purposes of the Minimum Housing Standards,
To Clarify Rights and Obligations of I,andlords and Tenants and To
Encourage Them to Improve the Quality of (lousing, To Provide Tenants
with Security of Tenure and to Protect Them From Retaliation, and to
Protect Tenants and Others from Discrimination in (lousing Transactions.
Copies of the proposed Ordinance .amendments are on file for public
examination in the Office of the City Clerk, Civic Center, Iowa City,
Iowa. atjs4ctice7rj
Seed emL�kl3tiT2=Fbcle oiowa,
4945.
Dated at Iowa City, Iowa, this ''—L� day of
Abbie Stolfus
City Clerk
337.`
0 0
September 2, 1977
Mayor Mary Neuhauser
Members of the City Council
Civic Center
Iowa City IA 52240
Dear City Council:
FjL E P
P 71977
ABBIE STOUL ,
CITY CLERK
I am a resident of 2122 Davis Street. This being a neighbor-
hood made up of duplexes with off street parking and on street
parking I have called the Engineering Department concerning
the width of the street and asking for parking to be taken off
one side. I have been asked to write to you.
This area is newly built and every duplex has off street park-
ing for at least one/two cars. The street is narrow and does
not widen until you reach the top of the hill going south. From
that point on it is easier to navigate. The problem is in that
in the winter when cars are parked on both sides of the street
it is hard to get up the hill and down safely with cars on
both sides. The Street Departments makes a fine effort of
getting sand out on the street as soon as they can but depend-
ing on the weather it is sometimes a day or two before they can
make it out here. Even in the summer it is a hazard because
with cars on both sides of the street it is narrow enough to
cause care in driving. There have been times when a child darted
out into the street without looking.
I realize that tenants of these duplexes will be caused an incon-
venience in having parking taken off one side but for safety sake
I am asking that something be done. Also, I would pose one
further question, can emergency vehicles get through when both
sides of the street are parked upon?
Thank you for your consideration is this matter.
Jan Abbott
2122 Davis Street
Iowa City IA 52240
36y7
0
. • ✓ O CIVICCOItL1111DLYIASHINGIONST.
COMMLAC[:
/1 �� (V( 1O.V'A CI,Y,IU'tiA i]1AU
/ (V/ � 130) J:LIWD
`ia =
September 23, 1977
anw:crtr.'wvu•
MAYOR
MANY NEUMAVSEN
CWINCIL MEMBERS
AN119ALMEN
CANOLE.EROSSE
L,.EOSTEN
DAVM RENNET
MA%SELZER
NOBENT VEVENA
Ms. Jan Abbott
2122 Davis Street
Iowa City, Iowa 52240
Dear Ms. Abbott:
At_its regular meeting of September 13, 1977, the City Council received and
placed on file your letter regarding parking on Davis Street. The Department
of Public Works is conducting a postcard survey of your neighborhood and
ter the completion of this survey.
will;reply to your letter af
If you should have further comments or questions, please do not hesitate to
contact me.
E
Sinely yours,._
y,Nr
G� 'Meal G. (Berlin
City Manager
is
cc: City Clerk
I' .
3�� 7
SEP 71977
To: whom It may Concern ABBIE STOLFUS
FROM: Jim Donkersloot CITY CLERK
SUBJECT: Even -odd date regulations regarding on -street parking
Several Iowa City streets have signs with the following posting:
NO PARKING 8 PM - $ PM ODD DATES (or even dates) EXCEPT SUNDAY.
The penalty for not moving on -s vehicle is a traffic ticket levying
a five dollar fine. In order to facilitate the discussion of this
ordinance, ordinance hereinafter refers to the previously.mentioned
even -odd date parking regulation. North Linn Street and other
miscellaneous streets shall be used as cases in point.
The ordinance should be repealed on the basis of the following groundsi
I. The ordinance does not benefit the tenants or the residing
',homeowners in the area. The available parking spaces are diminished
by one-half since only one side of the street is available for
parking. Thisreduction in space is an inconvenience to people
since less space is available and since residents may be required
to park across the street from their homes. Because of the
ordinance, residents may actually be prevented from parking in
i
the block
in which they live. The ord nance does not protect
'
or reserve
spaces for residents. The
lack of benefits and the
burden of
moving ones car, compounded
by the expense of a possible
ticket are
unreasonable burdens on the
residents affected by the
ordinance.
�/llo
z
II. The width of streets such as North Linn does not preclude
parking on both sides of the street and simultaneous two-way traffic.
North Linn in the 700 block prohibits parking on both sides but
allows such parking near the downtown region. The difference in
the regulation flies in the face of the fact that the street measures
approximately 36' across in both locations. Elsewhere in Iowa City,
parking has not been similarly limited on streets of equal or
narrower width, is., Fairchild and Davenport. The physical condition
of the street has not been the sole determinative factor regarding
parking regulations and -is not therefore a valid justification for
retaining the ordinance.
III. The hours when the parking is not regulated suggests that
the rule is not needed. The areas under the ordinance are not
restricted on Sundays. If there is not a need for individuals
to move their cars on Sundays, it seems unlikely that a similar
need exists during the rest of the week. In the same vein, parking
on both sides of the street is permitted between 5:01 PM and 7:59 AM,
Monday through Saturday. Considering the fact that the streets
may be their busiest just before 8 AM or after 5 PM and that parking
isallowedon both sides of the street during these times, a need
for this particular ordinance does not appear to exist.
IV. The ordinance is not necessary for snow removal. In other
areas of the city such as the 800 block of Fairchild, people are
not required to move their cars to the other side of the street.
If snow removal is not seriously impeded in that and in other
areas, little justification can be found for such an ordinance for
the purpose of snow removal on North Linn. Alternatively, even if
the ordinance does aid snow removal, the remedy does not fit the
need on "all fours" since it affects parking during the warm months
0 0 3
3
contributed large sums of money are being used. Ordinances
as well as the cold months. At a minimum, the ordinance should be
amended to only require residents living along the street to have
to move their cars the day after it snowed or during the months in
which snow is most likely, October - March. Street cleaning can
be dismissed as a grounds for the ordinance under a similar analysis.
V. As has been alluded in several preceding paragraphs, the
ordinance may be a denial of equal protection. Some residents
have their parking regulated and others do not. Streets of
similar width are not treated in a similar fashion. What may be
the justification for the ordinance on one street is not on a
prima facie basis being applied to residents on other streets.
In particular, the ordinance discriminates against those in
lower cost housing who are unlikely to have garages or off-street
parking. These facts indicate that a council may not be reasonable
in discriminating against the residents of North Linn and other
similarly situated streets.
VI. National public policy overrides local interests and therefore
the ordinance should be repealed. The United States is in the
process of adopting an energy policy which stresses conservation.
The Iowa City ordinance requiring that cars be moved is contrary
to this policy. Moving cars wastes gas. In the winter, cars may
have to be run for several minutes before they can be moved.
The people living in the areae covered by the ordinance should not
be forced to move their cars since they may be walking, riding a
bicycle, or taking a bus to work'or classes. The federal govern-
ment has more than a general interest in conservation. They have
a specific interest irimaking sure that the buses for which they
3
contributed large sums of money are being used. Ordinances
requiring that cars, pickups, trucks, motorcycles, and mobile
campers be moved would seem to encourage the use of private
vehicles and discourage the use of public transportation. From
this perspective, the Iowa City ordinance may be an unwise use
of the city's police power. A possible countervailing local
interest of preventing the cluttering of streets with abandoned
and unworkable cars can be met through other methods, is., safety
inspections.
CONCLUSION: The even -odd date ordinance should be repealed.
Parking on streets such as North Linn should be unregulated or
alternative forms of regulation should be used in place of the
contested ordinance.
4
CITY
CIVIC CENTER
i
OF
410 E. WASHINGTON S[
September 20, 1977
Mr. Jim Donkersloot
811k East Fairchild
Iowa City, IA 52240
Dear Mr. Donkers IODt:
OWA CITY
IOWA CiT'. IOWA 522!i0 (31;? 354.13M
The City Council has referred your letter concerning even -odd parking
regulations to Public Works. Public Works has been studying this
problem for approximately two years since we receive letters both for
and against calendar parking on almost a monthly basis.
We've recently completed a fairly extensive study matching parking
demand in the north side neighborhood against available parking.
Surprisingly, excluding all external influences there is adequate
parking on the north side for persons living in the area. Unfortunately
there are external influences such as the dormitories. Ile do have a
report going to the City Council; however, we have asked the University
of Iowa for input on the final section of the report before sending it
to Council.
We expect this item to be taken up by Council at their Monday afternoon
meeting sometime during the next two to three months. You may wish to
monitor this project and comment to Council at that time.
Sincere ,
i r J. Plastino
Dir or of Public Works
RJ /jp
cc: Jim Brachtel
Neal Berlin
36y8
TO: Members, Advisory Committee on City -County Detention
and Law Enforcement Facility
FROM: Johnson County Attorney
RE: Alternative Bonding Propositions
This memorandum is addressed to the question of providing
alternative methods of seeking voter approval for
(1) a Johnson County Jail and Sheriff's Offices
(2) a Johnson County Jail and City -County Law
Enforcement Facility
Time of the Election
The submission to the voters of a question involving the
issuance and sale of bonds is, by statutory. definition, a
"Spgcial.Election"; Chapter 39.3(7) /Code of..Iowa, .197.77..
A special election may be held on the same day as a
regularly scheduled election; Chapter 47.6(l) /Code of Iowa,
1977T.
The same subsection requires that notice be given by the
"governing body of any political subdivision . . . which has
authorized a special election /to7 . . . the commissioner /of
elections? . . . no later than five o'clock p.m. on the last
day on which nomination papers may be filed for the regularly
scheduled election. Otherwise, the notice shall be given at
least thirty days in advance of the date of the proposed
special election . . . ."
3 651
• P.O. BOK 2450
OFFICE OF THE
r8
AREAA COODEDE 3 7178
328 SOUTH CLINTON
IOWA CITY, IOWA 62240
JOHNSON COUNTY ATTORNEY
JACK W. DOOLEY
County Attorney
J, Patrick White
FIM Assitunt
CRIMINAL DIVISION
CIVIL -JUVENILE DIVISION
Steven K. RitWatlt
J. Petrick White
L Vern Robinson
Paola DeA
William L. Yetter
Daniel L Bray
Poul C. Paglow
August 22, 1977
TO: Members, Advisory Committee on City -County Detention
and Law Enforcement Facility
FROM: Johnson County Attorney
RE: Alternative Bonding Propositions
This memorandum is addressed to the question of providing
alternative methods of seeking voter approval for
(1) a Johnson County Jail and Sheriff's Offices
(2) a Johnson County Jail and City -County Law
Enforcement Facility
Time of the Election
The submission to the voters of a question involving the
issuance and sale of bonds is, by statutory. definition, a
"Spgcial.Election"; Chapter 39.3(7) /Code of..Iowa, .197.77..
A special election may be held on the same day as a
regularly scheduled election; Chapter 47.6(l) /Code of Iowa,
1977T.
The same subsection requires that notice be given by the
"governing body of any political subdivision . . . which has
authorized a special election /to7 . . . the commissioner /of
elections? . . . no later than five o'clock p.m. on the last
day on which nomination papers may be filed for the regularly
scheduled election. Otherwise, the notice shall be given at
least thirty days in advance of the date of the proposed
special election . . . ."
3 651
M
0
November 8, 1977, being the date established for the
regularly scheduled election in Iowa City and September 29,
1977, being the last day on which nomination papers may be
filed, the 29th of September becomes the date before which
all necessary Board of Supervisors and/or Iowa City Council
action on the matter must be completed.
A decision by the Board and/or Council should be reached
by mid-September so as to allow a minimum of two weeks adminis-
trative preparation time.
Submitting the Question to the Voters
In accordance with the undersigned's understanding of
the Committee's wishes, the following are submitted as alterna-
tive methods of presenting the bond issue questions to the voters
on November 8, 1977.
Proposition I
Shall the County of Johnson, in the State of
Iowa, carry out a construction program consisting
of building a new County Jail and Sheriff's
Office headquarters and borrow money for the
completion of same by the issuance and sale of
bonds in the sum of One Million Nine Hundred
Thousand Dollars ($1,900,000.00) . . .
Proposition I1
Shall t}e County of Johnson, in the State=61_
Iowa, carry out-a_construction program involving,
in addition to a new' -County .fail and Sheriff's
Office headquarters, an expanded facility which
shall serve as the Iowa City Police Department
operational,h6lidquarters and borroiw-money for
the completion of same by the issuance and` ale
of lionds in the sum of Five Hundred Thousand,Dol\
_�"___�($500,000.00).
Suggested Propositions I and II, above, would have to be \
submitted to the County -wide electorate. A suggested Proposi-
tion III, to be substituted for Proposition II in Iowa City
precincts only follows:
I
Proposition III
Shall the City of Iowa City, County of
Johnson, State of Iowa, issue its bonds
in an amount not exceeding the amount of
Five Hundred Thousand Dollars ($500,000.00)
for the purpose of constructing a facility
attached to a new County Jail and Sheriff's
Office headquarters which shall serve as
the Iowa City Police Department operational
headquarters.
Suggested Proposition III, above, since it would involve
the issuance of City of Iowa City bonds presents some addi-
tional problems.
1. Proposition III, would, although able to appear
on the same physical ballot sheet, with the exception
of absentee ballots, of necessity be a separate Special
Election conducted by the City of Iowa City.
2. If the 1.9 million dollar issue were used•to finance
the Jail -Sheriff's headquarters and the .5 million City
bond issue proceeds used for City Police space, the
City must be placed in ownership of its facility. This
would -involve a sale of land by the County to the City
and absolute conformity of property building lines in
the construction of the City facility.
In summary, a November 8, 1977, election date means a
"lead time" deadline of no later than mid-September, in order
that statutory requirements of notice may be met. If the entire
structure 'is to' be' fdnded f'roin the• proceeds of a County bond '
issue, two propositions may be put forth as constituent parts
of the same Special Election. However, if a City bond issue is
chosen as a means of financing City Police space, a separate
Special Election must be called.
Inherent in any choice involving more than a single Pro-
position is the possibility that Proposition I could fail,
while II or III could carry, resulting in voter approval of
either a County or City bond issue sufficient to finance only
one quarter of the proposed Jail -Sheriff's headquarters.
a
Such a result would, of course, leave abandonment of
the present plans as the only viable alternative, should Pro-
position II or III carry and Proposition I_be defeated.
Submitted this 22nd day of August, 1977.
{9. DOOLEY
ONNSON COUNTY ATTORNM
I