HomeMy WebLinkAbout1975-10-21 Regular MeetingBRA
CZA
DAV
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MINUTES OF OFFICIAL ACTIONS OF COUNCIL
OCTOBER 21. 1975
7;30 P.M.
The cost of publishing the following proceedings and claims
during this calendar year
is $ Cumulative cost to date
" for sa— i�Tication is $
The_Iowa City city Council met in Regular Session on the
21st day of October, 1975, at 7:30 P.M. in the ,Council Chambers
at the Civic Center. Present: Czarnecki, Davidsen, deProsse,
ing.
Neuhauser. Absent: Brandt. Mayor Czarnecki presid
it was moved by deProsse and seconded by Neuhauser to con
sider'the amount' -read thus far to be a full readingand to a pove
the minutes of the Official Actions of the Council meeting of
October 7,`1975, subject to correction. Motion carried, 4/0.
Mayor Czarnecki proclaimed Friday, October 24, 1975, as
United Nations Day and noted the local Chapter of U.N. is very
active.
it -was -move - d by deProsse and seconded by Neuhauser that the
Council agreed to enter into agreement-
,tosell properties at
122 East Court, 120 East Court, 339 South Capitol, 12 West Court,
and 7 -West Burlington, subject to compliance, with necessary con-
ditions determined by the city Manager. and to- authorizBrandtica-
tion ns the Notice of Intent. Motion carried, 3/0/1,
absent; Davidsen abstaining.
it was moved by Neuhauser and seconded by Davidsen that
the minutes of the meetings -of _Board of Adjustment, 10/1/75,
Airport Commission; 9/18/75; Riverfront Commission,
Design Review Committee, 10/8/75; and Library Board of Trustees,
9/25/75 Review
received and filed. Motion carried, 4/0.
It was 'moved by deProsse and seconded by Neuhauser to set
Public Hearing on an Ordinance -to Amend the Subdivision Code
a -
by establising- the angle of intersection between side lines
of lots and-straight'street linesand by repealing Section
9.50:SA.4j of the Subdivision Code, for November 4th. Motion
carried, 4/0•
It was moved by Neuhauser and seconded na
by deProsse to set
a Public Hearing for November4th, on an Ordinance to Amend -the
Zoning Code by establishingfor--non-conforming uses
10
and by repealing Sections 8.10.3.56, 8provisions..5C, 8.10.5D, 8.10.21B
and 8.10.24C of said chapter. Motion carrie/0.
d, 4
Page 2 Official,Actions_ of 'Council
October 21,-197S
Public Hearing was held on the rezoning ;of the Plum Grove
Acres tract of land, -a-triangular tract on the west side of
Highway 1,_east of Westinghouse and north of 1-80.
It was moved by Neuhauser and `seconded 'by Davidsen to re--
ceive and file the Johnson County Regional, Planning Commission
Articles of Agreement and Bylawsandauthorize the Mayor's signa-
ture on ,the Articles of Agreement. Motion carried, 4/0.
It was moved by Neuhauser and seconded by deProsse to author- s
ize installation of the Western 1.1nion teleprinter in. -the Bus 'Depot.
Motion carried, 4/0.
The Mayor noted the -following vacancies on Boards and Com-
missions: (1) one on Parks and Recreation Commission for November
:18th', expiring January 1, 1976, (2) under the new Regional Planning
Bylaws, there is an addition of an Iowa City citizen representative
to Citizens Advisory Committee of Regional Planning, (3) as the
term of 'Allen Vestal on the Regional Planning Commission has ex-
Pired; Council will review that vacancy; (4) correspondence from
Robert Plumb, resigning from the Riverfront Commission, unexpired
term to December 1, 1977.
It was 'moved by deProsse and seconded_ by Davidsen to defer
the Resolution Accepting the Work on the 1974 Sidewalk Improve-
ments and Directing the Engineer -to Prepare Final Assessments.
Motion carried, 4/0.
It was moved by Neuhauser and seconded by Davidsen to adopt
Resolution, 75-379, recorded in ResolutionBook33, page 110,
Accepting the Work on the Washington -Streut'Parking Lot ;roject ;
done -by Iowa Road Builders, Inc. Roll 'call: -Ayes: Czarnecki,
Davidsen, deProsse, Neuhauser. Absent: Brandt. Resolution
adopted, 4/0.
It vas "moved "'by-deProsse and seconded by Neuhauser to adopt
Resolution 75-380, recorded in Resolution Book_33,.page 111,
Accepting the Work on the Lower Park Road Improvement Project
done by Metro Pavers. Roll call: Ayes: Czarnecki, Davidsen, _..
deProsse, Neuhauser. Absent: Brandt. Resolution adopted, 4/0:-
It was moved-by-deProsse and secondedbyNeuhauser to
receive and file the letters from Mary,Otting and Jeanette
Delozier regarding elderly citizens transportation. Motion
carried, 4/0.
It was moved by deProsse and seconded by, Neuhauser to re-
ceive and file the _petition from Lois Crane, 930=Talwrn Court
and other residents, regarding routing of the Wardway bus and
to refer it to the City Manager and :Transit -Departaent for in-..-
vestigation. Motion' carried, 4/0.
COMPLETE DESCRIPTION OF ACTIVITIES OF COUNCIL
OCTOBER 21, 1975
7:30 P.M.
The Iowa City City Council met in Regular Session on the
21st day of October, 1975, at 7:30 P.M. -in the Council Chambers
at the Civic Center. Present:Czarnecki, Davidsen,.deProsse,
Neuhauser. 'Absent: Brandt.- Mayor Czarnecki presiding.
It was moved by deProsse and seconded by Neuhauser to con-
sider the amount read thus far to be a full reading and to
approve the minutes of the Official Actions of the Council meet-
ing -of October 7, 1975, subject tocorrection.< Motion carried,
4/0.
Hayor Czarnecki proclaimed Friday October 24, 1975, as
United Nations Day and noted the local Chapter of U.N. is very
active.
Max Yocum, purchaser of three houses in the Urban Renewal /J
Area appeared concerning procedure ==It was moved by deProsse:
and 'seconded `by Neuhauser- that -the -Council agreed to enter into
agreement to sell properties at 122 East Court, 120 E. Court,
339 South Capitol, 12 West Court,and 7 West` Burlington, subject
to compliance with necessary conditions determined by the City
Manager and to authorize publication `of`the Notice of Intent.
Motion carried, 3/0/1,' Brandt absent, Davidsen abstaining.
It was -moved -by Neuhauser, and seconded by:Davidsen that
the minutesof the meetings of Board of Adiustment,`10/1/75;
Airport Commission 9/18/75: Riverfront Commission,- 9/29/75;r /.5a9r r
Design Review Committee, 10/8/75; and Librarv'Board of Trustees,'/�30
9/25/75, be received and -filed: Motion carried, 4/OT jam/
/.6. /
It was moved by deProsse and seconded by Neuhauser'to-set '
- a Public Hearing on an Ordinance to Amend the Subdivision Code
by establishing the angle of -intersection -between the -side
dines of lots and straight street' lines' and by repealing Sec-
tion_9,5� 5A.4i of the Subdivision Code, ,for November 4th.
Motion carried, -4/0.
It was"moved by Neuhauser and seconded by deProsse to
_�* a p+,t,l;c
Hearing for November `4th, on an Ordinance to Amend
tt,e eon ng Code by establishing provisions for non conformir1
uses and by repealing Sections.8.10.3.56, 8c10.5C,;8.10.5D, -_
8.10.21E and 8.10.24C of`said- chapter:_This would allow a
building occupied by a non -conforming use to be remodeled and/
or converted to another non -conforming use or conforming use
though the building may be in noncompliance with the height,
yard, and area regulations of the Code. Motion carried, 4/0.
Page 2 Council Activities
October 21,-1975
Public Hearing was held on the rezoning of the Plum Grove./5
Acres tract of land_, a triangular tract On .the west siae Of
xighway_1, east of Westinghouse and north of I-S0. Attorney
Ed Lucas and Bruce Glasgow appeared representing Plum Grove
Acres, objecting to the co zone recommendation from the Planning
and Zoning ,Commission, __-Dr. _Cgesen,'Chairman of Planning and !,
Zoning, presented the Commission's philosophy behind their
recommendation. The Mayor then declared the puk,lic hearing
closed.
The Mayor noted the following vacancies on Boards and _
Commissions: (1) one on Parks-and =Recreation Commission for
November 18th, expiring January 1, 1976, (2) under the, new ,
Regional Planning Bylaws,there is an addition of an Iowa
City citizen representative to citizens Advisory Committee of
as the term of Allen Vestal on the
Regional Planning, (3)
Regional Planning Commission has expired,: Council will review-
_that vacancy. (4) correspondence from Robert Plumb, resigning
from theRiyerfront'Commission, unexpired term--to December
1977. '
Mayor Czarnecki pointed out that the tax appeal on the '
property.tax has been -upheld, so Iowa City's
residentialtaxeswill., not be increased. He also advised that
application for 100 units of new Housing .for the
the_City's"
ly had ;been rejected by HUD. City, Manager Berlin stated
Elder
that
Elderly
reason was that they did not feel that the rent indicated
in the -application was definite enough, and -the Staff-did not
agree with that reasoning, and the_matter,could be
discussed with Representative Mezvinsky at Monday's meeting.
The Mayor stated that the Council` should -pursue whatever appeals
they could.
It was moved by Neuhauser and seconded by Davidsen to re,
ceive and file the Johnson County Regional Planning Commission !�� P
Articles of Agreement and Bylaws and authorize the Mayor's
-:signature on the Articles of.Agreement. Motion carried, 4/0.
City Attorney John Hayek explained the reouest from Phi_1
S elman to amend his lease to'Allow 'a Western Union tele-
printer-to be added in conjunction with:the_use-of t e ded- / 9
_was moved by Neuhauser•
ing for a and seconded
Bus Depot. It
by dorosse to authorize installation of the western union
teleprinter in the Bus Depot. Motion carried,`4/0.
•".
The City Attorney, also reported on the matter o.F the City'•s
buying a v4tind list to have available at the Public Library'-
and recommended against it. He-also commented,on_the late 7
filing by several Council candidates under. the new Campaign
3..
Page 3 Council Activities
October 21, 1975 _
Finance: ordinance of the City, noting that there was no evi-
dence of intentional violations,and he would not file charges
on those late filings. He requested an executive session
to discuss litigation, at -the next convenient Council meeting.
Council decided to add it to the October 23rd meeting:
Mayor Czarnecki questioned when the Landlord -Tenant Ordi- i
nance would be discussed. Attorney Hayek advised that a draft �s
of the ordinance and rules would go out in this _Friday's packet.
-Also beingdistributed then would be the report on the Design,
=Review Committee review of development in Iowa City_and-Aut ority
of the Council 'to_adopt a moratorium ,on building and development,.
Mayor Czarnecki noted that the discussion listed for the
October 30th meeting would.be postponed until after the election,
and the City Manager stated that in its.=stead, the Landlord -
Tenant Ordinance could be'discussed `
It was moved by deProsse and seconded by Davidsen to defer,
the Resolution Accepting the Work on -the -1974 -Sidewalk -Improve-
ments and Directin the Engineer to Prepare -Final Assessments.
Motion carried, 4 0.
- It was moved by Neuhauser and seconded`by Davidsen to adopt_
Resolution 75-379, recorded in Resolution Book 33, page 1101-
Accepting
10, Accepting the Work on the Washington -Street Parking Lot Project
done by.Iowa Road Builders Inc. Roll call: Ayes: Czarnecki,
Davidsen, deProsse, Neuhauser. Absent: Brandt. Resolution
adopted, 4/0.
It was moved by deProsse and seconded by Neuhauser to
-adopt Resolution 75-380, recorded in Resolution Book/33, page
-111. Accepting the Work on the Lower -Park Road Improvement
Proiect done by Metro Pavers Roll call: Ayes:- Czarnecki,
Davidsen, deProsse, Neuhauser. Absent: Brandt.- Resolution
adopted, 4/0.
It was moved by deProsse and seconded--by-Neuhauser--to
receive -and file the letters from Mary.Otting and Jeanette
Delozier regarding elderly citizens transportation. Motion
carried,4/0 =-,
It was moved by deProsse and seconded by Neuhauser to re-
ceive and file the petition from Lois Crane, 930 Talwrn Court'
and other residents, regarding routing of the`Wardway bus
and to refer it -.to --the City -Manager and Transit Department
for investigation. Motion carried, 4/0.
- AGENDA
REGULAR COUNCIL MEETING
October 21, 1975 7:30 PM
Item No.
1
- MEETING TO ORDER
ROLL CALL_ T •ray dt o i _n�--}:
Item No.
2
- READING OF MINUTES OFFFICIAL ACTIONS OF COUNCIL MEETING
OCTOBER Q, 1975. p)
Item No.
3
OF
-
MAYOR'S PROCLAMATION.
a. United Nations Day- /q7S
Item No.
q _
PUBLIC DISCUSSION
4-
-".
�;°�
!• �Ci — ^I— , ,. o �\'jar j,�r.0 r1� cif /' Ly',a
E131,� Ila
Item No. 5
- RECEIVE MINUTES OF BOARDS AND COMMISSIONS.
a' Iowa City Board of Adjustment meeting of October 1, 1975.
Action:
t�
b.
Iowa City Airport Commission meeting of September 18, 1975.
Action:-
Iowa City RiverfrorrtCommission meeting of September 2 9,
Action
1975
• Agenda
Regular Council Meeting
October 21, 1975 7:30 PM
Page 2
Item No. 5 -,(Cbnt'd)
ld.Iowa City Design Review Committee meeting of October 8, 1975.
Action:
` e. Iowa City Library Board of Trustees meeting of September 25, 1975.
Action:
Item No. 6 CONSIDER. SETTING A PUBLIC HEARING ON AN ORDINANCE TO AMEND THE SUB-
DIVISION CODE. jVtv.4
Comment: The Planning and Zoning commission on October 9, 1975, recommended
by a 4 to 0 vote adoption of an Ordinance to amend the Subdivision
• Code hY�sxablishing the angle of intersection between the side
lines of lots and straight_street lines and byre-ea.ling?Sectio[C
--
9.50.5of the Subdivision. Code. While the Subdivision Cade
presently requires that lot lines to street lines intersect approxi-
mately at right angles, the proposed ordinance would require that
they intersect at an angle between 80 and-100 degrees.
n �; /
Action: n no i J
Item No. 7 - CONSIDER SETTING A PUBLIC HEARING ON AN ORDINANCE TO AMEND THE ZONING
CODE. N,a:
Comment: The Planning and Zoning Commission on October 9, 1975, recommended
by a 4 to 0 vote adoption of an ordinance-to-amend theZoningCode
by establishing provisions _for non-conforming: uses and by repealing
Sections_8:1 3_56,_8..:10:5C,_8 .10._5D, 8.10:21B:Iii 8 11.24C of said
cha ter. The significant aspects of the proposed ordinance are
7l., '0 47
(a 1,e eliminate several existing conflicts in wording within the
Code, and (2) tp allow a building_occup.i.ed by a non-conforming use
to be remodeled and/or_conyerted to another non-con orming use-or
r;
conforming -use though-_the building may in
noncompliance with the
height,-yard and area regulations_of_the;Code.�_
_..
ifs_ Il �fl n_r) 4� f
f •
Action `-
J
/.r�- J
-
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_
• Agenda
Regular
Council Meeting
-
October
21, 1975 7:30 PM
Page 3
Item No.
8 - PUBLIC HEARING TO ZONE A TRACT, OF LAND TO A CO ZONE. Z-7506.
Comment: The Planning
by 4
and Zoning Commission on September 25, 1975 recommended
a to O vote
2.99
approval to rezone the Plum Grove Acres tract of
acres to
accomplished
a CO zone. The zoning action has been mandated to be
by the City
no -later than November 4, 1975, by a district
courtdecision of July 30-;_1975.
Action:
P 0.
-:P 1)ij '•p NCC r,cl.rc
r
Item No.
9 - BUSINESS FROM
THE CITY COUNCIL.
a./. Vacancy on
the Parks and Recreation Commission.— Ivv.) lip_
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-77
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- ^Ifs•/.
Item No. 10
- REPORT ON ITEMS
_
FROM THE CITY MANAGER AND THE CITY ATTORNEY.
a. Motion to receive Johnson County Regional Planning Commission
Articles of Agreement
and Bylaws.
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• Agenda
Regular Council Meeting
October 21, 1975 7:30 P1+ -
Page 4
RK ON THE
DEWALK-
No. 11 - jMPROUEMENTSOANDIDIRECTINGIENGINEERNG THE OTI
O PREPAREFINAL974 IASSESSMENTS.
Actions
Item No. 12 - CONSIDER RESOLUTION ACCEPTING THE WORK ON THE WASHINGTON STREET
S
37PARKING LOT PROJECT.
Comment: This resolution accepts the work done by_Iowa Road Builde s, Inc.
of-Coralville, Iowa, for the construction -of the Washington Street
Parking Lot. The final contract amount on this project is $43,680.00
- and the contractor has completed all the work in -accordance with
the plans and specifications. Public Works recommends adoption of
n ire
this resolution. •
Action: ! .:a_• v
• Item No, 13 - CONSIDER RESOLUTION ACCEPTING THE WORK ON THE LOWER PARK ROAD IMPROVE-
MENT.
�S 3
uv�:
Comment: This resolution accepts the work done by Metro Pavers, Inc., of
Iowa City, Iowa, for the construction of the Lower Park, Road Improve-
ment Project. The final contract amount on this Project is $108,076.00
and the contractor has completed all the work in accordance with the
tions. Public Works recommends adoption of this
plans and specifica
resolution.
Action:
Item No. 14 - CORRESPONDENCE TO THE CITY COUNCIL.
a. Letter from Ma Otting, 5212SC ch #�L vonc�e�ning senior citizen
reduced taxi fare. La
r
Action: '� /� / �i 1 J7 ,t Y Y.
1 :( JJ1�.:
\` �tl U"'', [r)al il�r•. ��. '�111.:fA!"(Ir l (r p .��-.Gr" 1 .:..
- b, Letter from Jeanette Delozier, 1707 F Street regardin elderly
• transportation.
.Action:
_ n -
Agenda
•
Regular Council
Meeting
October 21,
1975 7-:30,PM
Page 5
Item No. 14
- (Cont'd) _
c. Petition from Lois Crane, 930 Talwrn Ct. and other residents,
regarding routing of the Wardway bus.
Action:
Item No. 15
- ISSUANCE OF PERMITS.
-
a. Memo from City Clerk on compliance by Yesterday's Hero on
Sunday Sales Permit 50% law.
Action:
b. Consider resolution approving Class C Liquor License Application
"
for Bart's Place, 826 South Clinton.
Action:
"75 ` 38a
c. Consider -resolution approving Class A Club Liquor License Appli-
Inc.),
cation for _Grace & Rubies (Women's Restaurant Project,
209 North Linn.
Action:
Item No. 16
- APPROVAL OF BILLS.
Comment:
Disbursements for the period September 16-30, 1975 are $628,478.52
are submitted for Council approval.
Action:
Item No. 17
- PUBLIC DISCUSSION. -
•
Agenda
Regular
Council Meeting
October
21, 1975 7:30 PM
Page 6
Item No.
17 (Cont'd)
Item No.
18 ADJOURNMENT.
Page 4 Activities of Council
October -7, 1975
•
"City
City Attorney and Manager to investigate this matter and.
-report-on the status of 'these matters at an early date. It
was moved; by Brandt. and ._seconded by Neuhauser to so authorize
the City Attorney and City Manager.-Motion'carried, unanimously.
It was moved by Brandt and seconded by Neuhauser that the
rule requiring that ordinances_ must"be':considered and voted on
=for passage at two Council meetings prior -to the meeting at
which it is to be 'finally passed be suspended, that the first
and second consideration and .vote be:'waived', and that .the
Ordinance, No. 75-2784, recorded in Ordinance Book 9,rpages
55 and 56 Amending the Zoning -Ordinance by Changing -the Use
Regulations of Certain Property from-R1Z to M1 for Protein
-' Blenders, be voted upon for final 'passage °at •this time.'' Roll
-call: Ayes: Brandt, Czarnecki, deProsse,'Neuhauser. Absent":
Davidsen.- Motion adopted, 4/0: -it was moved by; Neuhauser and
seconded by deProsse that the ordinance be finally adopted at
this time. Roll call: Ayes: - Czarnecki, deProsse, Neuhauser,
Brandt. "Absent: Davidsen. -;Ordinance adopted, 4/0.
It was moved by Brandt and seconded by deProsse that the'.
rule requiring that ordinances must be considered and voted on
for passage"at two Council -meetings prior tothe at
which it is to be finally ----pa ssed be suspended, that the first
•:
and. -second consideration and -.vote be -waived, and,'that the
Ordinance, No. 75-2785, recorded in ordinance Book 91 pages
57 and -_58, Amending the -Zoning ,`Code _by Changing the Use Regu- -_
lations of 'Certain Property from CH :to M1 -for J. M. Swank Co.,
be voted -upon for final passage at this time. Roll call:
Ayes: deProsse, Brandt, Czarnecki, Neuhauser. Absent:David-
sen. Motion -adopted, 4/0. It was moved by Brandt andseconded
by deProsse, Neuhauser, Brandt, Czarnecki. -Absent: Davidsen.
Ordinance adopted, 4/0.
It was moved by Brandt and seconded by Neuhauser that
ordinance No. 75-2780, recorded in Ordinance Book 9, pages 59
and 60, Vacating East-West Alley in -Block -92 be finally adopted
at this, time. Roll Call: 'Ayes: ':Neuhauser, Brandt,'Czarnecki,
-
deProsse`. Absent:' Davidsen. ordinance adopted, 4/0.
- It was moved by Neuhauser and seconded by Brandt that
Ordinance No. 75-2782, recorded in Ordinance Book -9, -pages
61-63, Providing for the Appointment,- Powers and Duties. -of a -
Board: of Library;_ Trustees be, finally adopted at`this -time.
Roll call: Ayes: Brandt,.Czarnecki, deProsse,.Neuhauser.
Absent: Davidsen. Ordinance adopted, 4/0'.;
It was moved by Brandt and seconded by deProsse to defer
the Resolution Approving the Preliminary Large Scale Non -Resi-
dential Development Plan of Mapleleaf Office Park 'until all
matters are clarified. Motion carried, unanimously.
Y
k.
. CIVIC CEOWA ITY. IOWA NI-CION ST
• ` � -F''�� '�
431913" IRID
MAYOR -
EDGARCZARNECKI
COUNCILMEMBERS - - - -
QU. Tw -BRANDT
_ -PENNY DAVIDSEN
CAROLILPR=E P R U C L A Al A T I O N :
MARY NEUNAUSER _.
WHEREAS, this year the peoples of the world will celebrate the 30th anniversary:
` of the United Nations on October 24, UN Day. This is, an appropriate
- occasion for people everywhere..to renew their adherence to the Charter
,ideals of peace and human rights and their determination to promote
economic and social progress and a greater measure of justice and
freedom for all.
WHEREAS, this year finds _us at:a_turning__p_oint in world affairs: We sense the
promise :of'a more peaceful world-and the opportunity for new strides in
international cooperation. To maintain this momentum will-require still
greater efforts and more effective international institutions.: We need
to 'create new arrangements to control new technologies; for the common
• good. We must continue to recognize the interests of rich and poor
countries on matters'of trade and aid-- Equal rights for all peoples
must become a reality in fact as well as law.
WHEREAS, important steps have zlready been taken _by the United Nations in meeting
these challenges. The UN has once again provided a, mutually_ acceptable
mechanism for carrying out the -next <steps toward peace in the Middle
East. The 7th Special Session of the General Assembly marked a beginning
of a new relationship between the industrialized and developing countries
on economic` matters." The International Women's Conference held in Mexico
City this summer adopted a World Plan-of-Action which :includes virtually
every aspect of contemporarylife - civil rights, education, employment,
health and nutrition, among others.
NOW, THEREFORE, I, Edgo Czarnecki., Mayo& o4 Iowa City, Ioun, do hereby-pnoctaim
Friday, Octobea twenty-6oux0t, 1975.a.a'United Nati.on4 Day and ea Z upon att
the citizen-6 o4 Iouxt:City .to observe .that day .in .the 6piAit 04 common
purpose expaessed .in .the United Nations Cltailte&. 1,,unge:evertyone, g
oL`indcviduaU, :to participate in prtogrtama and acti.vitim de.6igned .to de-
vetop an undehstandi.ng oS .the pAobCemz and potenti,atA oa .the United Nati.ana
and to stimutate dLeeuss.ions 04 ways to make .the United Nations .into a mote
eSSeeti.ve onganizati.on.' I`aah aft citi.zena -to-observe United Nati.one Day
faith a sense o5_n.ededicatlon ,to the high tAuths which we .in .the United State,
hoed .to be set4-evident, as:expiLused 4on. us in .the Cohzti,tuti.on and the Britt
a4 R.i.ghtb, and Soil att the mAtd .in the Chanter a5 the United Nations:
• ,yon
Dated in Iowa City, Iowa
this 214t day o5 Octobeh, 1975•
MINUTES
•
IOWA CITY BOARD OF ADJUSTMENT
_OCTOBER 1, 1975 -_ 3:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS `
MEMBERS PRESENT: Ducker, Malcolm, Park `
MEMBERS ABSENT: Goedken, McBride
STAFF PRESENT:-; _ Wollmershauser, Schmeiser, Child
LISP OF MATT1:RS PENDING BOARD DISPOSITION:
None; ;
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: -
Chairman Ducker called the meeting to order and 'stated 'that consideration
of the minutes of the September 4, 1975 meeting would be postponed until-
the next scheduled meeting.
Application submitted by Ken's DistributingCo:, Inc. for >a variance of
15'feet -in the required 30 -foot rear yard on a tract o and located north
of Highway l and west of OrchardStreet.
•
Don Schmeiser, Senior Planner, briefly summarized the City Staff's position
regarding the proposed variance request and explained reasons why the -
Staff had recommended denial of the application.
Board member Malcolm, questioned why the Staff would recommend denial when
a similar petition filedbyMr. Kenneth Ranshaw had been approved by, the
Board of Adjustment on September .4,.1975._.Mr. Schmeiser informed the
Board that the Staff had -also -recommended denial of the Kenneth Ranshaw
-
request and the Staff's recommendation would remain the same regardless
of a decision made by the Board of Adjustment. ---
Mr. William Sueppel, attorney representing Ken's Distributing Company,
Inc., informed the Board that the adjacent property owners favored a
15 foot strip of green space rather than a paved parking lot behind the
proposed building. He pointed outthatif the 151 of green space were
allowed, air conditioning equipment and propane gas tanks, would be the
only apparatus located behind the building. -
- Chairman Ducker questioned whether parking'spaces would be.adequate.
Dir. Schmeiser stated thatoneparking space per 300 square feet of
floor area would be required and, since it was not a part of the
applicant's request, it would be presumed that the applicant would
conform to the City's parking requirements. Because parking provisions
had not been a part of the applicant's proposal, Mr.'Sueppel stated that
the Staff should not be held responsible for reviewing the parking
provisions.
• • Y
-2- I.
• Board member Park asked if the space between the two proposed buildings,
approximately 173 feet, would be green space. Mr. Sueppel stated that
the space between the buildings would enable -a`building to be constructed
in the future without asking for another variance.
Chairman Ducker questioned if the western edge of the building would
abut the western edgeofthe property. Mr. Sueppel replied that the
building would be constructed on the western lot line.
Mr. Richard Wollmershauser, Assistant Director of the Department of
Community Development, and Mr. Schmeiser questioned whether the property
description would constitute a proper legal description. They noted that,
the followingphrase suggested some unknown delineations__ ... except_"
for that portion of"the above described -premises previously conveyed to
the State of Iowa for highway purposes". Mr. Sueppel statedthat the
property description does constitute a valid legal description and is
recorded on, the, abstract in exactly the same written form.
Mr. Sueppel noted that Orchard Street does not exist according to records
in the Johnson County Recorder's Office.
Board member Malcolm suggested that the variance be granted with the
condition that ,the rear 15' of the property be permanently devoted to
open space. Chairman Ducker stated that he.was somewhat unhappy with
the decision made to grant the Ken Ranshaw variance at the September 4,
1975 Board of Adjustment meeting and cautioned against granting blanket
variances without conditions. Mr. Sueppel informed the Board that a
protective covenant had been prepared which would retain the north 15'
of the property as a green strip and °would not be -used for the 'loading or
unloading of vehicles or the parking of vehicles providedthatthe 15'
green strip may be used for the accessory purposes:of locating air
conditioning units and liquid propane gas tanks.
ii
A motion was made by Malcolm, seconded by Park, to grant the variance
requested by Ken's Distributing Company, Inc. subject to the protective
covenant prepared by; the applicant and attached to these minutes.
A vote -was taken: Dueker-aye; Malcolm -aye, Park -aye, Goedken-absent,
McBride -absent. The variance was granted. -_
Chairman Ducker stated that the variance was granted based on Section
8.10.28.H.1d of the Municipal Code ofIowa City, Iowa. -
Application submitted by Securities Building Corporation for a variance
in the maximum sign area re uirement-to erect a 93 -square foot standard
pole sign at 1940 Lower Muscatine Road.
Mr. Schmeiser briefly summarized the requested variance and explained
-why the Staff recommended denial of the application. " -
• Mr. William Toran, Vice President of the Securities Building Corporation,
proclaimed the merits of the Proposed sign and informed the Board that
two of the eleven existing establishments in Iowa similar to the restaurant
proposed have won national awards for landscaping. He notedthatan.Ml
,
Zone permits restaurant establishments but not a standard pole sign with
the dimensions of 93 square feet;`however, the sign would be permissible
if the property was located in a C Zone. Mr. Schmeiser pointed out that
such a sign would be permissible in a C2 Zone, but not in a Cl Zone. Mr.
Schmeiser explained that the size of a sign in an M"Zone is based on the
building frontage, and in a C Zone the size of a sign is based on the
dimensions, of the property itself.
Chairman Ducker suggested that.the.applicant either (1) request an
amendment to the Sign Ordinance, or (2) request that the property be
rezoned `to`a C2 Zone. Mr. Schmeiser pointed out that the Sign Review _.
Committee has been reviewing the Sign Ordinance on the second and fourth
Thursdays of each month in an.effort to iron out problems and discrepancies
in the Sign Ordinance. He suggested.that Mr. 'Toran'write a letter to the
Sign Review Committee and address the problem' existing with signage in
Ml and C2 Zones.
A motion was made by Malcolm and seconded by Park to deny the Securities
Building Corporation's request for a-variance in the maximum sign area
requirement to erect a 93-square foot standard pole sign at 1940 Lower
Muscatine Road.`
• A vote was taken: Dueker-aye, Malcolm-aye, Park-aye, Goedken-absent,
McBride-absent. The variance was denied.
Chairman Ducker stated that future meetings of the Board of Adjustment
would be held on Wednesdays.
The meeting adjourned.
onald ceiser,`Secretary
PROTrGTIVI: COVhNANTS AND RESTRICTIONS
SE PRESENTS that the undersigned, KEN'S
KNOW ALL MEN BY THE
an Iowa Corporation,
being the owner
DISTRIBUTING COMPANY, INC.,
Johnson County,
of the following described property located in Iowa City,
Iowa, to -wit:
Commencing at a brass pin set in the concrete pavement of
U.S.- Highway_218, which point is .the East Quarter Corner
f the 5th
of Section 16, Township 79 North, Range 6 ay 218 South from
P.M. and assuming the centerline of Highway 94'
- this point to have a bearing of South; thence South 88
West 369.0 feet -to -an iron pipe on the ,centerline of Orchard
hence South
Avenue; thence South 890 20' West 32.50 182.37 feet along a
00 05' West 274.15 feet; thence Southerly -
the rve concave t -
place of
255.44 foot radius cusad 55 West
foot : dius curve,
• beginning; thence continuing along
12.83 feet; thence South 43°`52' West 136.41 feet; tnence Southerly
131.37 feet along a 217.33 foot radius curve concave easterly
riserse is described
the Nortto
h 'right-of-way line of Highway No. 1, Iowa, Recorder's
In the easement in Book 136, page -_147, -_Johnson County,
the North right-
office;- thence South 89a No West -.644.61 thnce Northe2 along 24 West 221.17 feet;
of -way line of Highway place of beginning; comprising "
thence Neech' 89°`10' -East 818.83 feet to the p
an area of 3.66 acres, more or less, except for that portion of the above
described premises previously conveyed to the State of Iowa for highway
ictions as to set back set out hw
purposes and subject to the restrwiththe Iowa ay
the special pexcept for the blic road connection
West 1.9
acres thereof; subject toandtogether
Commission,
with easements and restrictions of record,
n the rearyard requirement of the Iowa
for the purpose of obtaining a variance i
on of the owners of the adjoining
City Zoning .Ordinance and in considerati
n consenting to the granting of
properties to the north in the Wise Subdlvislo
aryard requirement from thirty (30) feet to fifteen
a variance reducing the re(15)
impose the following covenants and restrictions on the above
feet do hereby -
g upon the present and future owners
described property which shall be bindin
ants running
with the land and with such
of said property as covenforce and
affect as if contained in each subsequent conveyance of land:
1. That the north fifteen (15)_feet of the above described property will
•
-2
be retained as a green strip and will not be used for the loading or
unloading of vehicles or the parking of vehicles, ,provided, however, that
said fifteen (15) foot green strip -may -be used for the accessory purposes
of locating air conditioning' units and liquid propane gas tanks.
2. -Furthermore, the owner of the above described property will
- keep said fifteen, (15) foot strip free of weeds and debris.
3. These covenants are to run with the land and shall be binding
all the parties and all persons claiming under them for twenty (20) -years.-
on
•
4. If the parties hereto, or their heirs or successors In interest violate,a-
to violate the above covenants during the twenty (20) year period,
or attempt
It shall be lawful for any other person owning any of the adjoining lots in the
Wise Subdivision to prosecute any, proceeding at law or in equity against the
person or persons violating or attempting to violate any such covenant.
DATED at Iowa City, Iowa, this 1st day of September, 1975.
KEN'S DISTRIBUTING' COMPANY, INC.
By
-President
By
- ^ecreta
-STATE OF IOWA
SS.
JOHNSONCOUNTY
On this ofS/ 1975, before me a Notary Public
1 —d1y
for the State of Iowa, personally appeared Kenneth E. Ranshaw and
In and
Shirley A Ranshaw, each of whom to me are personally known and each of
said Kenneth
whom by ,me severally sworn on oath for himself did say ,that -the
•
-3- -
E. Ranshaw is President and the said Shirley A. Ranshaw is Secretary
of the said Ken's Distributing Company, Inc., that no seal has been
procured by the said Corporation and that said Instrument was signed
on behalf of the said Corporation by authority-of Its Board of Directors,
and the said Kenneth E. Ranshaw as President and the said Shirley A.
Ranshaw as Secretary did severally acknowledge said Instrument to be
the voluntary _act and deed of the Corporation.
WITNESS my. hand and Notarial Seal the day, month and year last
above written.
rg
-- -- Notary' Public in and for the to of Iowa
•
Iowa City Airport Commission
September 18, 1975
Civic center Engineering Conference Room.
Elliott Full
MEMBERS PRESENT: David Hartwig
Claude Peterson
Gary Bleckwenn
MEMBERS ABSENT: Jack Perkins '
SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN:
Chairman_ Hartwig called the meeting ,o >rder at 7:30 -P.M. Minutes
of the Commissions July meeting were prr-_ented. Full moved,
second by Peterson; -minutes be apr "'1'' Motion carried.-
Bills for the month of August were ,esented. Moved by Peterson,
roved as presented. Motion carried.
second by Full, bills be app
Bills for the month of September were presented. Moved by Peterson,
second by Full, bills be approved as presented. Motion carried.
Chairman Hartwig reported the City Attorney has still not answered
his memorandum of July 31, 1975 concerning Airport Funds in the
Citys' General _Fund._ General Discussion followed.
Jones presented a_proposal from Century Marketing, Inc. for electric
operators to operate the doors of
old United Hangar. The
operators. and acessories without installation came to $9,220.00
dollars. Jones said he did not feel he could ask the Commission
to motorizethedoors_, but desired to have the doors fixed so they
_would work. General Discussion followed.
It was moved by Peterson, second by Full, to obtain bids on the
changing of the doors on the Old United Hangar, per the spects
Peterson was to draw up. Motion carried.
Meeting adjourned at 9:15 P.M.
Next meeting October 22, 1975, Civic Center at 7:30 P.M.
_Z_
There was discussion of the meeting format for the special meeting on
'a
-
October 6 1975. Commissioners indicated that there, should not be
„
-lengthy: presentation. 'Sam 'Fahr, -Chairperson, felt that a -_long slide
Cain indicated
Presentation would not be necessary. Commissioner,Patt
be to solicit public comment
that the main purpose of the meeting should
the Phase II Report. Sam Fahr indicated that
and criticism concerning
he would begin the meeting with a short introduction that will be
followed by a'short presentation by -Roger Hunt of Stanley Consultants.
- Chairperson Sam Fahr commented that -the Riverfront Commission should,
when reviewing the Preliminary Corridor Plan, concentrate on the area
that
south of the Burlington Street bridge. There was a concensus
a high priority
a major objective of the Commission would be to set
There beingno further
for acquiring property in the Showers estate.
business, the meeting was adjourned at 5:10 P.M.
e 4182 •
Purpleheart
• PURPLEiMEART may reach the market under the title of Amarle is -
anth, and t tthe the hardwoo eric3tttimber off
var of stsp cies of Peltogyne of
wood. Iis
ain
the Leguminosrfamily, and is a heavy timber, air dry specimens
The of which wec foot.
between 6o and�ut thetextureureuistalmost invariably
may be either straight or wavy,
fine and uniform. Sapwood and heartwood of the timber arc well
udwith purple,
gtcstuh'The mber
nt
hcarcwohaauniform i small quantities ofsma
treaches the world markets n hough the bulk of thea available supf goes to the American trade.
g_ -___ process, turns -well, and
It is not a difficult timber to work in any
preservative treatments, and its
can be finished to a good dean surface. Purpleheart snot of the
class of timbers normally given
natural durability stands qIts outstanding quality is its
uite high:
ability to withstand sudden shtxks,
hence the wood is particularly
well suited for such work as vehicle ^onstruction and the making
of spokes, etc. Available supplies of the timber are sufficient to
See study of the wood by Record an
meet the normal demands.
d
Melt.
hfACROSCOPIC IDENTIFICATION
Definitely diffuse porous in structure. _Growth rings are not
e, but in sorr
•
normally isay be
dnctnCVessclsesmalldtoymcdium sited; ed; not alwic rare ays es misible
quit
to the naked eye; solitary, or to occasional radial cu'r�s b t vi le Per -
visible on transverse section;_invis-
(oration plates. Vessel lines normally not conspicuous but visible
to'the naked eye. Rays fine;
in typewith a ten-
ible on tangential surfaces and distinct to the naked eye on radial
surfaces. The: wood parenchyma is aliEorrn,
dency to become confluent. Ripple marks are not present in the
genus. Pith flecks are not present.
Commercial Timbers of the,World
Titmusa.
(sol]
• 193 `
- - •
TUE TIMBERS_ -
beetles (Lyctidae). The timber is recorded in Nigeria as not resistant to
termites. _
natural Durability. Non -durables
preservative Treatment. Permeable.
Working properties. pterygota cuts fairly easily with machine and hand —
tools. It is somewhat easier to work than yellow sterculia (Stcrculia ohlonga)
and the tendency for machined surfaces edges ato be re not marous is intained net so great. sharp'
`results are obtained, however,if
Cutting
ao planes under normal machining
condition. Flat -sawn material P quarter -sawn stock. Most of the tearing
conditions but tearing occurs with q nothing is gained by
is eliminated by reducing the cutting angle to 20°; -
makes machined angle
urfaces more fibrous. Apart from a fib ous finish mer as further reduction of the ' to stains
ttrning,
satisfactory results are obtained in other operations. It responds well
nailing
and polishes but a grain filler is required: The timber has fairly
satisfactorily.
properties. Saw type E is recommended. The timber can be B
Veneer and plyv.�- It is believed.to be suitable for. use in .British Mills-
Veneer
-_
Uses. Ptcrygola is a general utility construction nd bus building. int r for internal work.
ior
Its properties sulzgcst it should be suitable for lorry
joinery and carpentry, instrument boxes, etc.
PUNA11—Teiramerista glabra
Punch grows in the coastal swamp forest of Sumatra, Borneo and Malaya.
m wide• The grain is not
The nes her is straw-coloured or light brown, often tinged with pink. e
sapwood is not clearly demarcated but is 1-1}'clytexture is modcrat
generally interlocked but is sometimes t is alb/cu-
spiral and
It is said to saw
coarse even: The weight thesawoccurs- It dries easily but is liable
gumming dies it Is said to be stronger than
easily but slight
to cupping and end splits. In strength props
• English oak except in shock resistance and it is less hard. In the country it
origin it is employed for general building construction, but not usedwork `In
is in contact with the ground, and also for carpentry and joinery
en used as sills for _windows _and for other
the United Kingdom it has be
building purposes.
PURPLEHEART—Peltogyne slip.
other Names. Amaranth (United States).
ureleheart vary in size at maturity and
The Tree. The different species of p P in which
in habit of growth according to the soil and climateattain ea height of 170 ft
they are found. In some districts,' purplcheart may
be with or without buttresses; but the
and a diameter of 4 R; but the average size of trees marketed is 120 (3 high
and 2} ft in diameter. The'tree may It occurs in
clear,bolc is straight, cylindrical and SO R or. more m length•
commercial quantities
from Saos in the n Brawl to Trinidad and s of tPan ral nes» ouch America
and ranges tion. The outstanding feature is the colour.
The Timber -General DcscriP rapidly to purple on exposure to
which is dull brown when first cul, changing P Y P •
light and losing down in course of time to a dark purplish brown There res
Dept. of Scientific b Industrial Research
_ London. Eng. 1456
HARDWo�
190 HANDBOOK OF
evidently considerable variationin the colour of the 'different species of
Pelrogyne_(and probably within the species also) and carr should be taken
to select wood of a uniform shade for decorative work. The wood is generally ry
'
straight -grained, sometimes wavy or interlocked, and fine and even in texture.
•
The weight is variable, averaging about 54 lb/cu. ft, seasoned; about 70-80 Ib/
cu. ft. green. _. .>
Seasoning. The timber seasons well and fairly rapidly with little degrade,
but in thicker stock there is some difficulty in the extraction of moistureTrom
the centre of the planks.
Kiln schedule E has proved satisfactory for this timber.
Shrinkage: -
- - -
- Green to -12 -percent moisture content: -.--- -
Tangential .. about {'s in./ft or 4.5 percent.
Radial .. about } in./ft or 2.O percent.
Mechanical Properties. One species' (Pelrogyne'pubescens) from British
Guiana; tested at the Laboratory, was very hard, heavy and tough and had
very high mechanical properties, intermediate between those of greenheart
and oak. Compared with the latter it was, when seasoned,' about twice as
hard, 50 per cent stronger in bending and in compression along the grain, ,
-
70 per cent stiffer and more resistant to shock loads, and 40 per cent stronger
in shear and in resistance to splitting.; None of the other species has been _.
tested at the Laboratory, but it is improbable that the mechanical properties
of any of them would be very much inferior to those of P. pubescens.
Resistance to insect Attack. The sapwood is susceptible to attack by
powder -post beetles (Bostrychidae and Lyctidae). The timber is resistant to"
attack by dry -wood termites in the West Indies.
Natural Durability. Very durable.
Preservative Treatment. Extremely resistant. The sapwood is permeable. _
Working Properties. Purplebeart is somewhat hard to work with hand tools
-
- and offers a fair amount of resistance to cutting in most machine operations.
It has a moderately severe dulling effect on cutting edges, caused partly by a
gummy exudation, which is a little troublesome in drilling and mortising.
Straight -grained material machines to a`good'finish in general but tearing '.
occurs, especially in planing and moulding, when wary and interlocked grain
is present, and a reduction in cutting angle to 15" is needed to provide a
smooth finish. The timber turns well and gives good results with the usual
finishing treatments. It has a tendency to split when nailed. Saw type E or F
is recommended.
Veneer and Plywood. It is unsuitable for plywood manufacture because of -
-
its high density, but has been sliced for decorative purposes.
Uses. Owing to its good mechanical properties and duiability, purplebeart
is suitable for heavy out -door constructional work such as bridges and dock
work. It is reported to have good acid resistance and to have been used
successfully in chemical plant for vats, filter press plates and frames. As a '
flooring timber it has high wearing qualities suitable for, most conditions'of
traffic.
PYINKADO—xyro dolabrtformis
The Tree. Pyinkado grows to a height of 100-120 R and a diameter of
2}-4 ft. At its best the bole is straight, fairly cytindrical and free of branches
44• TfII: TTMIi1 KS OF T
Procurable in long lengths and up to Iz inches in width. Excellent for
furniture and also for boat-building."
-
• "
- PURAH. - Tetramerisla glabra Miq.
Malaya.
The colour of the wood is a dull yellow-brown with a rather coarse
grain and uneven texture, yielding a'rather rough surface from the tool.
The timber has not been seen in commerce in the United Kingdom, but it
is reported as being useful for inside, building purposes in Malaya, not -
durable in the ground, readily attacked by while ants, bill immune from
boring beetles.
The rather large pores arc sparse, mostly plugged, with a smaller
proportionwidelyopen ; innumerable medullary rays fine but rough-
edged, which do not show on the radial section.
-
PURIRI. _ Vilex lilloralis Dene. -.
Weight 62-76 lbs. (Baterden). New Zealand.
This wood, called also New Zealand teak although there is no"justifica-
tion for the name, is of a dark brown colour, very hard, dense, and heavy.
Some experimental shipments were made on a small scale many years
ago, and efforts to introduce it for general work as a decorative cabinet -
wood, and especially in pianoforte work, met with little success. It
-
reported that it is obtainable in lengths up to 20 feet and 19 inches in
width. It has been stated thatitis the strongest and most durable -.
timber produced in New Zealand, and. that. sleepers,'-posts, etc., have been - - -
known to stand for twenty-five years.
--
- -- - PURPLEHEART. Pellogyne panieulata Bth.
•
Weight 64 lbs. z oz. (fresh undried sample), fib lbs. 4 oz. (my
dried sample. Demerara). • British, French, and Dutch
Guiana, Brazil.
- VERN-Purpleheart, purple-wood, violet-wood, amaranth, Eng.-Amarante,' -
- _ -
- bois violet, Fr. Amarantholr, violelholt,Germ.-_ Purpuurhart,
Dutch—Legno amaranto, l: violello, 1. porpora, Ital.—Madera
purpurea, Palo morado, Span.—Pdo roxo, p6o rojo, guarabd roto, - -- - "
- -
- –. -- - 'g, branc, g. Preto, g..rajado, g. vermelho,' guarabussu,- barabil,
amaran4• ellen gypho• roxinho, _ Braz: Morado_, - Boliv.-Amar- - - - --.
ante, violet, bois violet, bois bagol ?, bois de coeur, pourpre, bois - ....
pourpre, Fr. G.-Purperhart, poerprehali,.-hooroobooelli,-.-hooroo-.-
_
- - - boovelli, horobortlli, hoepelhoul, eeedrat ?. Sur:-Purpleheart, saha, - - -
_ sacha,-saha-balli,-koruburelli, maraurineroo,_B.G.-Purpleheart,...
- -
sapater, eapatero, Trin.—Tannamo, Col.—Nasareno, morado, Pan. - --
- - -- _-_ —Palo morado. Mex. --... _
-This beautiful wood is not sufficiently appreciated in England. It is
of dense, *close texture, and after planing is very smooth to the touch ; it
A. L. Howard, 1934
THF TIMBERS OF THE WORD 445
is brown to salmon -red when cul, but after exposure to air and light it
rapidly becomes purple in colour. The Surinam wood produces a. more
brilliant colour than'that'from Demerara. It is very strong and durable,
• and stands exceptionally well under difficult strains. On this account it
has been used by French motor -carriage builders for the frames of window-
- sashes and like purposes. For this it isprobably better than any other
wood, as it is not injured by damp or the continual washing, while the
fine• smooth grain assists the sliding up and down of the windows. It is _
usedfor ramrods, marquetry,and inlay.and lining work, especially in
French furniture, in which connection it bears_a variety of names, these
including " amamnthe "and " palisandre." Sample piece of. this wood, _
labelled with this latter name; was sent tome for identification, confusion
having arisen by the fact that in France the name " palisandre " usually
indicates rosewood. _
In Tsofiical Bloods. No. 25. March 1937. Record reports that the trim
of a library at Lenox. Massachusetts, has been done in this timber and
proved to be expensive.
The pores, which arc rather small, are evenly distributed and largely
filled with gum. The medullary rays are even and regular, parallel and
very distinct. The pores in the Surinam wood are larger and have
scarcely any gum filling, but otherwise the structure is similar to the
Demerara variety.
pYINKADO. Xylia dolabriformis Benth.
Weight 87 lbs. (my specimen) ; according
to Gamble the.weight per foot cube - -
- ranges from 6o to 83 lbs. Burma.
VERN—Pyingado. pyin..Burm..
• This wood is known as the ironwood of Burma. As the botanists
have now decided that the pyinkado of India is a different variety, viz.
Yylia xI•locarpa (q.v.), the vernacular names quoted by Gamble included
it, and are therefore omitted.
-brown colour, hard, heavy, tough, very strong
The wood is a reddish
and rigid. The pores are filled with` a thick, `glutinous'oily substance,
which gives a sticky feeling to the touch, -and is still noticeable even after
-a great many years'. exposure to weather.'. -
Gamble says: " After teak the most important timber tree of Burma.
The chief use of the wood is for railway sleepers, large numbers of
which are now cut in Burma and exported to India. It is the chief wood
used on the Burma railways. It is also eminen'ly suited for paving
� - - - blocks, and has been successfully tried -for. thepurpose in.: Rangoon.
- Good blocks were exhibited in Paris in 79oo.... It is also excellent for
telegraph posts. The local uses are for boat -building, agricultural imple-
October 8. 1975
DESIGNREVIEWCOMMITTEE
• ' RECOMMENDATIONS: Washington Street Amenities
SrnPE -Construction _
I HARD
A) Ground Plane.-
1)
Tree Pits -Aggregate curb with -tree grate
2)
Brick curb around all planting beds
a) Standard Model - Hastings Pavement Co. w/shaped corners
b) Color to match paving brick
B) Street
Furniture
1)
Bench - Two Types - Purple Heart Construction
a) Seatwall Bench - (See Detail)
1) Mount benches in short 6' sections
2 Step down to allow for change `in -grade
3) Detail to reflect rustication in wall & copy remaining
bench type
_4) Bench seat & back fasten to wall
b) Square Bench (See Detail)
1) Use 2'-6' square module
•
2) Flexibility to be used as needed
Informal grouping_ _
-- Linear pattern
2)
Trash Receptacles
a)- Square, wood w/cap (Marotta)
b) Use 1n seating groups as needed
3)
Bicycle Rack
a) University type (See Detail)
b) Low profile - unobtrusive'
4)
Planting Pots -
for break in building line
flPotential
Seasonal color and gaiety to street scene
5)
Signage
-
a) Group signs & coordinate w/light poles & traffic signals
b)) Minimize as much as possible
6)
Miscellaneous
a) Transit information Kiosk
1) Need exists to accommodate comiunication of routes
•
b) Traffic Controller
1) Useasis - color coordinate
DESIGN
REVIEW COOTEE -2- October 8. 1975
RECOMMENDATIONS: '<Washington 'Street Amenities
•
c) Drinking Fountains
1) Use in westerly half of project
2)Accommodate if possible
3) Wood or Aggregate` construction
II. SOFT SCAPE - PLANTINGS
A)
'- Overstory Canopy Throughout Project
1) -Large trees at all circular cutouts & in islands
2)- 4h" caliper maximum size
-
- -
3) Select, for fall -color -& seasonal interest - --
4). Several specimen types for individual interest & variety
_-
5) Group by species in < to 1, block increments
B)
Ornamental Trees as Accent Material
1) Select for flower, color & seasonal interest
2) Mass in planting areas '
3)_ Random plantings to break lineal street
•
C)
Shrubs & Ground Cover
1) Shrubs as accent masses
2) No heavy screen material
3) Random natural plantings
4) Rich, green ground cover in all beds
D)
Label all Plant Materials
MINUTES
-I01•1A CITY LIBRARY BOARD ^ OF TRUSTEES '
•
SEPTEMBER 25, 1975
LIBRARY STORY HOUR ROOM
MEMBERS PRESENT: Vivian Buchan
Robert Downer --
Ronald .Farber
Carol Fritsch
Louane,Newsome_
-Suzanne Richerson
14EI•IBERS ABSENT: Richard Hyman -
David Kirkman
Linda Ostedgaard
STAFF PRESENT: Lolly Eggers
Sue McGuire
Carol Spaziani
Jeanette Carter
Hazel Westgate
- OTHERS PRESENT: Loren McVey, Library School
Practicum student
•
SUI4MARY OF DISCUSSION & FORMAL ACTION TAKEN:
President Farber called the meeting to order at 9:10 P.M.
"Motion "approved `to accept minutes of August -28,- 1975 meeting
as read. -:-Newsome. .Downer.
Motion approved to accept financial report- and payment of
disbursements. Newsome/Richerson'.
Director's report attached.
Recommendation acceptedthatthe Director will see that all
'
expenses connected with repair to library -,from leakage during
roofrepairare itemized and sent to the City Engineering Dept.
Recommendation -accepted to review American Library Association's
Advisory statement on Free Access to Libraries forMinorsat
next: meeting. President Farber notedthatrecent events in
Cedar Rapids should remind the Board that they must always be
ready to deal with censorship complaints.
President Farber asked the Public; Relations Committeeto hold
a meeting -soon -to continue work on organizing Friends of Iowa
City Public Library. The meeting was set.for Thursday, Oct.
7, 7:30 P.M.
President Farber urged Board members to contact City Council
-candidates to informthemof the library's need and objectives.
•
A'draft of the policy governing use of Gifts & Bequests Fund
was discussed.
Robert Downer suggested final -guidelines be
expanded to include "any
other library program materials or
equipment which the Board feels is
necessary.", The revised -
draft will be considered at thenextregular meeting.
Motion approved to purchase a slide projector, overhead pro-
jector and audio-visual
storage cabinet from Gifts & Bequests
Funds. - Richerson/Fritsch.'
A memo from the City Manager concerning free parking for Boards
and Commission members while
attending meetings was referred
--; to the Directorto see if the -courtesy` permits are available
for parking in the library lot. -
The proposed bulletin board -policy was adopted. Downer/Fritsch.-,
Proposed
pamphlet distribution policy was adopted. Downer/
Newsome.
Motion approved to accept proposed schedule of- informal and
regular meetings through_ January,_
1976. -Downer/Richerson.
Informal meetings will be generally devoted to long range
plan-
ning for library_ service and the need for anew library facility."
Meeting adjourned at 5:45 P.M.
Respectfully submitted,
l/ivian Buchan, Secretary
DIRECTOR'S fAWT ` •
Financial
The materials budget will have to be watched closely
•
,library
to avoid overspending. `A sharp increase in book prices will
probably force us to purchase fewer volumes in FY175 than
FY174 despite a substantial increase in the amount available.
The second month under the new fine system -continues --to in-
dicate a=508 drop in transactions and at least a 50% increase
in income.
Building & Equipment
The roof repairs are completed and, already, the maintenance
staff has taken care of much of the internal repairs caused
by leaks before and during the recent construction. Ceiling
and floor tiles have been replaced, the carpet cleaned and
walls painted.
Services & Program
Meetings were held this month with the coordinator of public -
school media centers and with staff of Recreation Center. The _-
Recreation Center and the Library Children's Dept. will co-
sponsor this year's annual Halloween parade and party. Regular
meetings with both agencies are planned.
Carol-Spaziani is the library's representative to FILMS, Inc.,
• ,
and to a _committee making recommendations for long-range plans
for 16mm.film service for Iowa public libraries.
Personnel.
Hazel Westgate, Lolly Eggers and Carol Spaziani will attend
Iowa Library Association annual meeting in Sioux City, Oct. 8,
9 and 10.
Dewey McGuire has replaced Julie Kline in Circulation Department.
Howard McKenzie has resigned and Tom Lunkley has 'been promoted
to fill the post of Head Page. %<,
67
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Iowa City proposes to rezone '
to CO zong the following described _property t - .:wit:
...i:18tCL:.": rt' {rI'CG to
=a ;1 tna S1 Cf -.ride. 361 -'.•Ir'A.v:
-
.Sa t3 -i SCC.' ..S,ebce J.
-
-- ii �tfrcc; Pcr rfes'" .31C .!7 ate tee _ C 0 a:i
___.. Sc z:. 7'i:--c feet -to ` DJ_ - -.. r7_ ".i:r=�t?. -
'.T, :Q-r,:erly designated ss`loxa =2C.1.<v*=aich. dol•.;-
` -71 i, .. .1 r..._-�• �.ci-`u E:'_t'. gre5 LS'" 1 t_. L.. .: Mi-Jt».
Z_
rlowa..n261) thence I:Q: eP.prTee'. 32 +
_....r ^.
ne
` _.F Do60 fees norm.aSl d stc-_-tir-}."_:_I�r
zc..."SC.-_ 8 + 3 2 1 _he, _e ;o. =4 dei_ c
. : =a_t alo^q'sn_d-lres_er' -- =- .t
_�; dirta.,t v c.'•,�!
toalnt �G no—z'
=-
r--•._-+ c'T .. - cC fj _c yr _ :`
.-
s.a :.
` t � � f
— A triangular tract on the,-west side of Hwy 1, east 'of
Westinghouse, north of I-80.
as requested by --'
Notice is further given that pursuant to Section 414.4 of the 1971 Code
of Iowa, a hearing by the City Council of, Iowa City, Iowa, on the said proposed
rezoning will be heldatthe Council Chambers in the 'City ;,Hall :of Iowa City,'
Iowa, at 7:30 PM on October 21st,-1975-, and -any person having -
objections to said proposed action may appear and file objections at said
hearing:
Dated at Iowa City, Iowa this 4th day of Oct.. ,'1975
City Clerk
Publish - once- October 4 19 ".
Articles of Agreement - 3
ARTICLE VI
Representatives -to the Commission
Section 1: Each member agency shall have at least one
voting_representative on the Commission. For each member city
or county, there shall he one representative for the first 3,000
persons or fraction thereof, one representative for the next 3,000
persons or fraction thereof, one representative for each additional
6,000 persons or fraction thereof.
For cities, representation shall be based on the number of
persons residing within their incorporated areas. For the county,
representation shall be based on the number of persons residing
outside the metropolitan area of Iowa City, Coralville, and
University, Heights. In establishing representation, the latest
census conducted by the Census Bureau shall be used to determine
the number of residents. In no case shall any one member agency
be represented by fifty percent or more of the representatives to
the Commission.
Any ,agency other than cities and the county shall have only
one voting representative.
In addition to the above, there shall be one representative from
the Citizens Advisory Committee.
Section 2: Representatives shall be appointed by the governing
body of each member agency, and -one representative by the Citizens
Advisory Committee.
Section 3:- At least tiao-thirds of the representatives to the
Commission shall be composed of, or responsible to, the elected
officials of member agencies. The determination of -responsibility
to elected officials shall be the prerogative of the member agency.
a
Articles of Agreement
Section 4: Each member government shoiJ. be officially
represented by at least one duly elected official, or person
ected official. Member governments
directly responsible to an 'el
with more than one representative shall have no more than -three
fourths elected officials, or -those directly responsible to them,
with the remaining being citizen representatives.
Section 5: All appointments shall be for a term of three
years. If a vacancy should occur on the Commission due to resigna-
tion or loss of qualifications, such vacancy shall be filled for the
unexpired termbythe member agency which appointed such representative
i.n the first. instance. A representative shall continue to serve until.
he or she has been reappointed or a successor has been designated and
qualified.
Section 6: Each member agency, and the Citizens Advisory
Committee may appoint one alternate voting representative per voting
representative. For those member agencies with only one represer_ta-
tive, whenever both the representative and the alternate are present
they shall have one-half vote each. The alternateshall have full
voting rights at Commission meetings :whenever a member agency's'
regular representative is absent. The alternate voting representa-
tives of a member agency shall be appointed, so as not to distort
the balance between citizen and elected officials provided in
Article VI, Section 4.
ARTICLE VIT
Amendment of Articles of Agreement
:The Commission or the member agenciesmay initiate amendment,
-
to the ARTICLES OF AGREEMENT subject to resolution and unanimous
agreement of the member_ agencies.'
j` hlriSC41 CQlfi ltd/
_ 2112. Sd h Ct..!.1 '_G _rreef w'.ti. City.
MEMO
TO: ;•fcmhcr Agencies of; he F,__^_,tiional I']anning-Cor::nission
FRUM:. CTO]. dcProssc, Chairwoman
RE: App ovc and Attest Bylaws and Articles of Agreement
At its -.er.tin_ of Se, it o t
. iT September L.,1S, the Johnson County Regional
COmmnssj3n v0; &. unarimo"sh to appro? L the submitted -
BYLAI',,'J and A.^.TICLL'S Jr';AGRSIl;,I'NT- with -amcndments Acc,rding .
_ procodurc,.'. a cli mcmber-gericy is rcquesind to -take action to
aplrrrrve and attest the enclosed-docur•onts.
Please return thin original signed copy of the ARTICLES 0:7 A_?IEEME`IT
tO 1:I1C Pl Armin" Commission office an son as possible.- Thio
extra copy is included ler your files All prcvi.cus EYLAUS :algid.
Al2T1CLI-.S OF AGli' i;t1iD1T materini ,should be.discarded at this time.
Thank you for. yOL13 CoiiL:i.nu'^.d,sup;)ort of the planning process in
Johnson County. _
cc: Members of the City Council
28 October 1975
is
cc: City Clerk ✓
/ U If' -a 411Q
' r 1 �9
[. �i l�� r�,�, , � �. %' 2f',�-(. /.��t-' ¢.��/. �i.�Gl�t•'- �e�C.c� ��2
41
,�*i ., _ h ✓"/Z ?_-7 G_ / i' . L fee—
_ 1-,J � , /ij".. nj -� �i!' Ilil!_-C ✓��1%' CCS i%%'L-G�-u-� /r..
!f A,Lq
_ t
•
•Yesterday's Hero
1200 S. Gilbert Ct.
April ray_ JI-Me.
- -
176.05
_
24$.25
293.10
_.28p• .
1.4,(}
_
_ n
263.45
114.00
210.95
_
7.4
286.40
221.35
-•
19b.65
aar
1-7
281.50
1a
246.00
21E.9(
--
251-055 - -
9-30
96.25
Total
&ales (Beer) 3386.90
til
Saes (POo3) 679, 37
2018v
/
V
RESOLUTION NO. 75-382
RESOLUTION APPROVING CLASS A -Club
LIQUOR CONTROL LICENSE-APPLIION-
BE IT RESOLVED BY THE CITY COUNCIL OF ;IOWA CITY, IOWA,
that a ClassA C1ubLiquor Control License -application
is hereby approv�for,the following named person or
_
persons at the following described location:
Grace $ Rubies (Women's Restaurant Project, Inc.), 209 North
Linn
Said approval shall be.subject to any conditions or re-
e-strictions'hereafter
strictions hereafterimposed by ordinance_or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
financial
together with the license fee, -certificate -of
all
responsibility, surety bond, sketch of the premises and
Beer
other information or documents required to the Iowa
and Liquor Control Department:'
It was moved by Neuhauser and -seconded byDavidsen `-
row ca
that"the Resolution as regia a adopted, and upon
there were:
AYES: NAYS: ABSENT:
Brandt x
Czarnecki x
Davidsen x
deProsse x
Neuhauser x
Passed and approved this _ 21st day of October 19 75
_ •
- •
/�D_
t5
MEETING OF THE
CITY COUNCIL
October
21, 1975
DISBURSF14ENTS
FOR APPROVA1.
September 16-30,
1975
GENERAL FUND
Dictaphone
Equipment Maintenance_
27.33
702.00
Economy Advertising Co.
Outside Printing
229.98
Frantz Construction Co.
Building Repair
177.35
J. P. Gasway Co.
Printing Supplies
30.97
General Cage Corp:
Supplies
Recreation Supplies
40.00
Harry's Custom Trophies
Vehicle Materials
27.41
Hiab-Foco
Book
5.95
Iowa Book & Supply Co.
Equipment Repairs
204.74
Iowa City Glass & Mirror
Construction Supplies
287.63
Johnson County Ready Mix
379.96
Baker-
&-Taylor Co: -2.45
Book-
Miscellaneous Supplies
City Electric Supply -
Office Supplies
46.75
Demco Educational Corp.
- Sanitation Supplies -
68.39
Hach Brothers Co., Inc.
Office Supplies
25.59
Quill Corp.'
Paint & Supplies
38.12
_Sears Roebuck & Company
Technical Services
163.60
The American Company
Laundry Services
y
16.00
D & J_Industrial Laundry
Electric & Gas Charges
935.21
Iowa -Illinois Gas & Electric Co.
Technical Services
62.65
Midland Bindery
34.50
Pitney Bowes
Rental
Film -Rental
13.45
--Audio Visual Center
Work Study Wages
218.75
University of Iowa.
Books
3.60
American Library Assoc.
_
8.31 -
The Baker &Taylor Co.
Books
5.63 - `
The British Book Centre
Books
21.20 "
Business Opportunities Digest
_ Books
6.50
C. W. Associates
Books:
281.69 1.69
Children's Press
6:00.
The CoEvolution Quarterly
Books
6.00
A.•M.'Best Co.
Books
5.00
Courier Printing _
Books -
8.90 -
Ebsco Subscription Service
Books
22.50
William A. Graf-
Books '
89.89ks
-Ingram Book Company
Boo
- 1.50
Iowa Book & Supply
Books
2.20
Law Library
Outside Printing
1,762.56
- North Iowa Library Ext.
Books
Phone Service
:169.99 - -_
Northwestern Bell
1.50
Quick Canadian Facts Ltd.
Books
19.90
Rizzoli International
Books,
Miscellaneous Supplies
75.59 '
Iowa City Petty Cash
Registration
75.00
American Institute of Planners
7.50
Nat'l. Civil Service League
Book
Sanitation Supplies
1
308.00
Hach Brothers Co.
320.00
-
Iowa Road Builders
- Asphalt:
DISBURSEMENTS LIST
Page 2
GENERAL FUND (cont.)
-
-.
218.58
Altorfer Machinery Co.
Vehicle Repair
Books
11.55
Inst itute of Traffic Eng ineers
-
Subscription
6.00
- -
American Cemetery
Subscription
12.00
Casket 6 Sunnyside4.00
Subscription
20,00
Trees Magazine
Labor -Management Relations Service
Books
Membership
215.15
American Public Transit Assoc.
Building Repair
25.00
17.50
Kahler ElectricTechnical
- Services ..
685.44 I
Interstate Shopper
Asphalt 6 Sand
14.97
L. L. Pelling Co.
Repair_Supplies
88,00
Wirebrenner-Dreusicke
Court: Costs
762.90
Clerk of District Court
-- -
Outside Printing
198.99
Globe Ticket Co.
Educational Supplies -
18.00
Nat'l Fire Protection Assoc.
Agriculture
Technical Services
117.36 .
ASCS-Department_of
Miscellaneous. Supplies
173.77
Nagle Lumberlies
Plumbing Supp.
-308.95.'.
1 Co.
Plumbers Supply
Outside Printing
The Goodfellow.Co.51.50'
Office Equipment
61.63
Couch S Heyle lies
--Central Police.supp
Safety Supplies
-
263.95-
rFire :6
Clothing Purchase
31.79-
Kiech's -
Paint.6 Supplies
-'.-
2,952.95
K -Mart
Improvement Materials
6.00
Minnesota Signal Inc.
Refund
15.00`:
Leah Kileny
Safety Shoes
95.40-
Billie Hauber Grace
Laundry Service
120.00
Kwik_Kleen
`Service
Janitorial Service
36.00
Iowa City Flying
Management Fee
22,30
Doane Agricultural Service
Paint b Supplies
P P G Industries`-
6 Electric
-303.01
Electrical Service
16.10
Iowa -Illinois Gas
Laundry Service
40.00
D 6 J Industrial Laundry
Equipment Service
213.36
Frantz. Co.
Sanitation Supplies
6.75
Madison Bionics
Phone Service
400.0000
Northwestern Bell
Firemen's Food Allowance
400:00
Kenneth R. Irving
Firemen's Food Alloance
400.00_
Arthur Kloos - -
Firemen's Food Allowance
50.00
Robert L. Parrott
Damage Claim
33.04
Mr. Paul Paulson
Meals
-David Epstein27.50
Notary Bond
15.00
Welt, Ambrisco, S Walton
Medical Services
1,200.00
Dr. L. H. Jacques
_
Contribution
Bob Vermace -
Technical Services'
Osco Drug10.56
Miscellaneous. Supplies
100:54
Radio Trade Supp lies
Repair Supplies
63.45
American LaFrancelies
Miscellaneous Supp
96.78
Soiltest Inc.
Standrd.Law Enforcement Supply Co.
Laboratory Supplies
Repair Supplies
4:50Vehicle
Cline Truck & Equipment
T.mprovanent'Materials
378.66
23.80
Company
3M Comp anyLab
Cleaning Supplies
61.80
vestal
Equipment<Repair
20.00
Woodburn Sound Service
Registration
432.50
1CMA
Recreation Supplies
Iowa City Sporting Goods
DISBURSEMENTS LIST
Page 3
GENERAL FUND (cont.)
- John Wilson Sporting Goods
Supplies
12.95`
Iowa Bystander -- - - --
Publication -
24.25
Pyramid Service, Inc:
RepairSupplies34.94'
Fin 6 Feather
Supplies
164.82
- Contractors Tool 6 Supply --
Minor Equipment
- 425.28-
International City. Management Assoc.
Subscription-
145.00`
Robert Rogers
Rental
331.00'
Warren Rental
Rental
33.40
Robert`Bowlin
Travel Expense
62.49`
Swartzendrubers Locksmith
Equipment Maintenance
4.00.
West Branch Animal Clinic
Veterinarian Service
12.00'
Medical Associates
Physicals
147.00
Union Bus Depot
Freight
30.00'
- 'Woody's Tree Planting Service
Tree'Plantings
135.00
State of.'Florida
Technical Service
3.50
Peerless Publishing Co.
Books
45.00
Sherwin-Williams Co. -
Miscellaneous Supplies
27.221 -
Navy Brand Mfg. Co.
Sanitation Supplies
127.51
IBM Corp.
Equipment.Rental -
486.00
Juanita Deaton
Mileage
8.13:,
Plastimayd Corp.-
Clothing Purchase
56.40'
Noel's` Tree' Service
Tree Removal i'
112.75'
Patty Baer,
Refund _
6.00
Peggy Dean
Refund
6.00
Diane Lambert
Refund
6.00
Anne Stever -
Refund
7.50
Thomas Melchert -
Refund
6.00,:
- ----City of Iowa City
Petty -Cash Expenses
129.24
International Assoc. of Chiefs of Police
Books
22.69
`Stout Video Systems
Operating Supplies -
478.80
Lawyers Coop. Publishing Co.
Book'
23.50
New Jersey Dept. of Transportation -
Technical Services -
_ 11.00
Maryland Dept. of Transportation
Technical Services
- 9.00
Texas Department of Transportation
Technical Services
5.00;,
Pitney Bowes
Rental
22.50
Breeden Tree Service --
Nursery Services
570.00-
NAHRO Conference --
Registration
95.00 :
University of Iowa
Work Study ,Wages
209.08,
Hills Division-Riviana Foods
Animal Food
457.30 ,
Quill _Corp.
Office Equipment
38.60
Power Equipment
Equipment -Repair
420.29
`Ali Makes Office Equipment
Frieght
Briggs Transportation Service
Freight
22.90
Contractors Tabulating Service
Subscription
39.00
The New York Times
Publication
498.12 :
Commerce Clearing House
Books
24.00
Iowa City Press -Citizen
Publications
1,069.79
Hawkeye Lumber Co.
Lumber
823.88'
25 210.47-
DISBURSEMENTS LIST
Page 4
GIPITAL PROJECTS FUND
Roger L. Brown Sales Agency
Repair Supplies
Contractors Tool 6 Supply
Meter Repairs
167.30
H. B. Allen, Inc.
D. Taylor
Improvement Materials
155:52
391.25
Neptune
ne Water Meter Co.
Building' Improvements
19,880.10
Children's Zoo
Meters
8,441.52
_Iowa City Press -Citizen
Animals
Publication
20.00
11.84
529,067.53
ENTERPRISE FUND,
Fischer 6 Porter Co. -
Repair Parts
Industrial Engineering Sales Cor P•
- Miscellaneous Supplies
27.75
C. L. Carroll Co., Inc.
Building Repair
107.09
Municipal Pipe Tool Co.150.00
Improvement Materials
Nagle Lumber
Pipe
1;114.00
Plumbers Supply- -
Hach Chemical
Industrial -Supplies
22.38
9.42
-Co.
-Automatic Systems Co.-
Chemicals
404.68
Control Sales
Equipment Maintenance
48.00
,Inc.
MCMaster-Carr
Repair Supplies
174.48
Milton Roy Co.
Tools
Purchases for Resale
63.94
-Dept. of Environmental Quality
Training
41.87
Rockwell Mfg:-
Inemec Co.
Equipment Materials
30.00
102.07
Contractors Tool 6 Supply
Paint 6 Supplies
115.38
Water Pollution Control Fed.
Miscellaneous Supplies
92'74
Hawkeye Lumber Co.
Book
Sand,& Cement
12.00
Wade Livesay
Water Refund
44.97
Mike Donohey
7.09
Pat Moore
Water, Refund
18:17 <
Carolyn Pugh
Water Refund
1.-40
Stan Finken
Water Refund
10:00
Knipfer
WaterRefundGerald
6.62
Richard A. Barkalow
Water Refund
1.59
Jim-VandenBosch
Water Refund
3.13
Wombacher 6 Richardson
Water Refund
2.93
John Vanni
Water Refund
_
5.37
Kenneth Waugh
Water Refund
5.32
Jerald Clyde- -
Water Refund
5.87
John Denny.,
Water Refund -
4.19
Sherri Boyce
Water Refund
11:67
Vonda Fix
Water Refund-
2.68
Fred Hoffer
Water Refund
3.48
Bonnie Merrifield
Water Refund
1.74
Cynda Day, -
Water Refund'
6.02
Delbert Miller
Water Refund
5.24
Richard Berns
Water Refund
3.02Water
Robert Hillman
WaterRefund
1.96.
E. Callegari
Refund
_
3.71
Water Refund
32.45
DISBURSEMENTS LIST
Page 5
I'N'19'RPRISF FUND (cont.)
Transfer
]2,000.00
-
Sewer Bond Reserve
Transfer
30,000.00
'Ity of Iowa City
Water _Bond reserve
35.44 ;
City of Iowa City_
_ Refund
Materials
280.08
Ken Kinsey
Improvement
4.71::
Wilson Concrete Co.
plumbing Supplies
4.96
Boyd b Rummelhart Plumbing
Water Refund_
Linda Steward
Water Refund
32.90'
City -of Coralville
Paint 6 Supplies
10.00;
Sherwin-Williams Co'
Water Refund
10.00
John Cameron
Water Refund
10.00
Patricia _Birk
Water Refund
10.00
Greg Rocha
Water Refund`
- 10.00
Bonnie Sanzau
Water Refund
10.00
Michael Tribby
Water Refund
10.00
Shirley Linn
Water Refund
529{10
Jack Sales
Water Meter Co.
Meters
Improvement Materials _
553.80
19,435.50
Neptune
Clow Corp.
Sewer Bond ,Transfer
46,821.60
City of:Iowa CLty
Water Bond -Transfer
1p.00
City of. Iowa City-.-
Water Refund -
- 10.00
Eight _Twenty -Seven Corp.
Water Refund
50=00
Pat ostmoe
Water Refund
10.00
Roger Roth--
_ Water Refund
10.00
Kathleen Ahers
Water Refund
10.00
Jane Freuhling
Water Refund
28.32
Jean Pruss
Petty Cash Expenses
2,148.20 ,
City of Iowa City
State Sales Tax
5.38
Treasurer,' State of Iowa
- Freight
39.00
Nalco Chemical Co.
improvementRepairs-
5:89
Fandel Inc.
Water Refund
1.86
Merrill Krueger _
Water Refund
79.36
Chris Jackson
Water Refund
1.55
Lois Peterson
Water Refund
40.00
Larry Koch
-,Environmental Quality
Training
$114
Dept. of
TRUST AND AGENCY
73.20
Outside Printing
39:63
Economy Advertising
Books
85.50
-Taylor Co.
Baker b -Tay
Petty Cash
9 96 .
City of Iowa City
Office ,Supplies
35 00
Lind Art Supply
Technical_Services
47,80
Drake Hokanson
Printing Service12,171.07
6 Pension
Economy Advertising
police Retirement
Retirement
529.15
22,706.93
Higdon, Treasurer June Hig
Fire Pension 6
Fire Retirement
12,s
June Higdon, Treasurer
Contribution
Retire.
10,803.48
June }Higdon, Treasurer
Contributions Police
--558,SQI.72
June Higdon, Treasurer
DISBURSEMENTS LIST -
Page 6
INTRAGOVERNMENTAL SERVICE
-.Dan R. Fesler
Safety Supplies
- Y PP
18.50 •-
Gierke -Robinson --- ---- -
Vehicle Repair
304.75 _
Harry's Custom Trophies, Ltd.
Recreation Supplies
8.68
Iowa Book 3 Supply Co.
Office Supplies:
-16.90
Hawkeye State Bank
Payroll Transfer
Y
128,223.67
Mainline Equipment
Vehicle Repair
16.42
- o fer Maciner Co.
Alt r Y
Vehicle Repair
582.58
--AC Delco Division
Book
-' 4.50
Kessler Distributing Co.
Cylinder Rental
61.59
HamerAlignment, Frame 6 Tire
Repair Supplies
72.10
All Wheel Drive Co.
Vehicle Repair _
58.82
Winebrenner-Dreusicke
Vehicle Repair
Nagle Lumber
Building Repair
15.34
Plumbers Supply
Tools
58.58
GMC Truck 6 Coach Division
Vehicle Repair
5,971.18
- The Goodfellow Co.
Outside Printing
390.75
Ahern -Pershing-
Office Supplies
116.37
Mid -West Carbon
Office Supplies
64.59
Osco Drug,
-Safety Supplies
1.98
Republic Refrigeration Wholesale
Operating' Supplies
270.00
Sun Electric Co.
Minor Equipment
47.20
Cline Truck b Equipment,
Vehicle Repair
99.67
Pyramid Service
Vehicle Reapir
82.82
Contractors Tool F Supply - -
- Tools -
--- - - - 181.87 `
Dennis R. Kraft -
Travel Expense
100.00
Mary-Neuhauser_
Travel Expense
75.00
-Neal Berlin
Expense
Travel Ex P
150.00
Neal Berlin
Travel Expense
225.00
- Charles Timmons -
Travel Expense --
375.00:
`NAHRO Conference
Registration
75.00
Hicklin CM Power Co.
Vehicle Repair
1,407.83
Union Bus Depot
Freight
10.80
Xerox Corp.
Equipment Rental
739.78
Satterlee Co.
Operating Equipment
578.16
Iowa Glass Depot
Vehicle Repair
76.86
IBM Corporation
Office Supplies
479.97
City of Iowa City
Petty Cash -,
10.98
Acro -Adroit Inc.
Office Supplies
56.04
Hawkeye State Bank
Payroll Transfer
7,480.75
Northwestern Bell
Technical Service
2,663.37
Hawkeye State Bank
Payroll Transfer
59,492.60
-r Quill Corporation
Office Supplies
89.87
Power Equipment
Repair Supplies
1.85
New Method Equipment Co._
Equipment Material
225.78
Crandic Motor Express Co.
Freight
16.70
IowaCityPress-Citizen. _„
-..Publication
10.24 '
Paul V. Nolan
Travel Expense
356.00 ;-
-
$211,393.99
DEPARTMENT OF .COMI
DEVELOPI
•
Tentative Agenda
Planning and Zoning Commission
Iowa City, Iowa
October 21, 1975 -- 4:00 p.m.
A. Call to Order by Chairman '-
B. Roll Call
C. Consideration of minutes of regular meeting held on October 9, 197S.
D. Zoning Items
P-7317. Creation of University Zone (U).- Initiated by PF,Z.
E. Discussion Items:
- 1. Revision of preliminary and final plat of University Lake
Apartments. Revision requested by developer.
2. — P-7503. Revision of M1 and M2 Industrial Zones. Initiated
by P&Z.
•
F. Pending Items:
1. Z-7502. Rezoning of three sub -areas in northern sector of original
R3A Area Study.
2. Z-7507. Consideration of zoning change to accommodate Housing for
Elderly as a Special Use. Initiated by MZ: 9/11/75.
3. S-7505. "1750 Rochester" -- preliminary plat (vie. 1700 block ,on
by Plum Grove
north side of Rochester Avenue). PAD submitted
Parks and Recreation Commission.`
-
Acres, Inc. __Pf,Z referred to
4/21/75. 45 -day limitation: .waived.
Date filed:
4. S-7510. Large ScaleResidentialDevelopment -- Preliminary and
of
Final Plats. Elderly Housing Project on northeast corner
Submitted by Old Capitol Associates.
Dubuque and Court Streets.
filed: 7/2/75. 45 -day limitation: waived.-
Date
- 5.- Z-7426. Rezoning of tract, CH to C2, east side of First Avenue ,
Requested by John Lee and Harding
north of American Legion Road.
filed: 11/26/74.
Construction Co. Date
6. P-7410. Creation of Mobile Home Residential Zone (RMi).
7. C-7405. Objections to prohibited and non -conforming signs in
•
Sign Ordinance. Council referral: 1/10/7+.
-2-
B. Possiblity of residential uses in CO Zoneasa special use. -
Initiated by P$Z.
9., Valley Plain CVP) and Valley Channel (VC) Zones to be shown on
Zoning Map for entire length of Iowa River within corporate
--- -limits of Iowa City. Initiated by PBZ.
10. Request of a status report concerning a program be established _
- to define and. identify buildings and neighborhoods of historical
or architectural significance and possibility that provisions be -`
incorporated into City Code to preserve and protect these sites.
Request made to City Council: 9/26/74.
11. Request for a no -action policy on River Corridor until final
actiononRiver Corridor Study._ Request made_ by,Riverfront
Commission: 5/29/75.
G. Other Business
H. Adjournment
•
Regular meeting -- October 23, 1975 -
•
ORDINANCE NO.
• AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF IOWA
-CITY, IOWA, BY CREATING A NEW "U" UNIVERSITY ZONE, MAKING :
APPROPRIATE CHANGES TO IMPLEMENT THE NEW ZONE, AND
0.4A, 8.10.22B1, 8.10 23A, AND
REPEALING SECTIONS 8.1
8.10.24A.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA.
SECTION I. PURPOSE. The purpose of this Ordinance is to create a
new zone entitled the "U" University Zone. Further; this, Ordinance
ts thereof that are in conflict.
repeals all ordinances or par
- - --- of Iowa City,
SECTION II. AMENDMENT.
The Zoning Code of the City
Iowa, is hereby amended by the following:
A. (8.10.4) DISTRICTS AND BOUNDARIES
a ERrestrict the location of
A. In order to classify, regulate
residences,:trades, industries,
businesses and other land
uses and the location of buildings designed for, specified:
limit the height and bulk of buildings
uses, to regulate and
- • hereinafter erected or structurally altered, to regulate and
limit the intensity of the use of lot areas, and to regulate
and determine the area of yards and other open
sspaces herebyaround
such buildings, the City of_Iowa ,City, Iowa,
divided into four districts, to -wit:
V District Valley District -
R District - Residential District
C District - Commercial District
M District Industrial District
which districts are further subdivided into specific zones
to -wit:
VC - Valley Channel District
VP Valley Plain District
RIA -'Single Family Residence Zone
RIB -Single Family
Residence Zone
R2 - Two Family Residence Zone
R3 - Multi -Family Residence, Zone
R3A - Multi. -Family Residence Zone
R3B - Multi -Family Residence Zone
U - University Zone
Cl --Local Commercial Zone
CO - Commercial Office Zone
- CH - Highway Commercial Zone
C2 Commercial Zone
CB - Central Business Zone
Ordinance No.
Page 2
•
CBS - Central Business Service Zone
-
Ml - Light Industrial Zone
M2 - Heavy Industrial Zone -
IP - Industrial Park
PC - Planned Commercial Zone
ORP-- OfficeandResearch Park Zone
B.
(8.10.6) VALLEY CHANNEL AND VALLEY PLAIN ZONE USE
REGULATIONS
D.2(e)(1) VP(U); the uses as regulated,by_8.10.10.1.
C.
(8.10.10.1) U ZONE USE REGULATIONS
-
The premises in the -U University Zone shall be used for those
purposes within the powers and duties of the Iowa
Board of
Regents having sole control thereof.
D.
(8.10.22) HEIGHT REGULATIONS
B.I. A public building,church, temple,hospital,
institution,
or school may be increased in height up to a
maximum a
height of 70 feet if set back an -additional
foot over
the yard required in Section 8.10.23 for each
two feet
over the height limit otherwise required. This section
has no effect on the height limitations for
the CB, U
•.
and M2 Zones.
E.
(8.10.23) YARD REGULATIONS
A. Except as specifically providedin Sections B
and C,
yards shall be provided for buildings as shown
in the -
following tabulation:
ONE FRONT YARD TWO SIDE
ONE REAR -
HAVING A DEPTH YARDS HAVING
YARD HAVING
ZONE
OF WIDTH OF:
A DEPTH OF
R1A
30 feet 8 'feet
30 feet
RIB
25 feet 5 feet
30 feet:
R2
25 feet 5 feet
25 feet
R3, R3A,
20 feet 5 feet
25 feet
R3B
U
None None
None
Cl
20 feet None
20 feet
CO
25 feet None
None
CH -
40 feet None
None
C2
None None
None
CB
None None
None
CBS
None None
None
Ml
- -25 feet None
None
M2
None None
None
IP
25 fret None
None
•
PC
40 feet 20 fsRt
20 f6e
ORP
200 feet 100 feet
100 feet
Ordinance No.
Page 3 r
F.
(8:10.24) AREA REGULATIONS
Except as in Section 8.10.24.B.; there
shall be
A. provided
minimum lot frontage, minimum lot width, minimum lot area,
and minimum lot area per family as shown on the
following
tabulation:
(AREA PER FAMILY IN SQUARE FEET).--
LOTS DWELLINGS
FRONTAGE WIDTH AREA IN SINGLE TWO
MULTI-
ZONE
IN FEET IN FT. SQ. FT. FAMILY FAMILY
FAMILY
R1A
40 80 10,000 10,000
_R1B
35 60 6,000 6,000 +
*
R2
35 SO' 5,000 5.000 3,000
'5;000 3,000
3,000
R3
R3A
35 50 __ _:S,000
35 50 5,000 5,000 2,500.
1,000
R3B
-35 50 5,000 5,000 2,500
750
U
None None None None None
— 10,000 10,000
None
10,000
•
Cl
35 35 None
CO
None None None
None None None 10,000 10,000'
10,000
CH
C2_
_None None None 6,000 3,000
2,000
Cg
No None None 5,000 2,500
+
7S0
750
CBS
None None None *
None None 6,000 6,000
6f000
Ml
< LM2
None + +
None None None
_-
IP
None None None
ORP
400 400 304,920_
G.
(8.10.26) PERMITTED ACCESSORY USES -
_;
tial to
A.4a. In the U Zone, there may be any accessory use
essenn
-
the normal operation or conduct of the principle
uses
permitted.
SECTION III. REPEALER. All other Ordinances or parts
of Ordinances
in with the provisions of this Ordinance are hereby repealed.
conflict
as are
Sections 8.10.4A, 8.10.22B1„ 8.10.23A, and 8.10.24A
of the
Municipal Code of Iowa City: -
•
SECTION IV. SAVINGS CLAUSE. if any section, „ prmv£sfon, or pzr`
of this Ordinance shall be adjudged invalid or unconstitutional, such -
•
Ordinance No.
-
Page 4
adjudication shall not affect
the validity of the Ordinance as a whole"
or any section, provision,
-or part thereof not
adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE
DATE. This Ordinance
shall become effective
after its final passage, approval and publication as provided by law. '
It was moved by
and
seconded by
that the Ordinance as
read be adopted, and
upon roll call there were:
-
AYES: NAYS: ABSENT:
Brandt
Czarnecki
Davidsen
—
deFrosse
—
Neuhauser
MAYOR
ATTEST:
CITY CLERK
1st Reading
•
2nd Reading
3rd Reading
Passed and approved this
day'of.
,-19
y o owa i. y
VV!
RECEIVED
OCT 1 3 1915
•ervice
Referral
Information and
September. Summary -_-- Fact
Sheet
- Statistical Information
Septi
Z, Comparison Jun
Jamul
Aug
M=r
111
113
52
104
92 107 78
Total
69
27
65
62: 62 4g45 -
33
44 _
25
39 .:
Calls AM 30 45_ -
4
calls PM ' 10
3
10:
1
1
8 2
Code-A-Phone 1 0 2: 2
4
0
Left Message _
Da s o£ Week .,
12 14
-28-
6
6
29
34 `
27 15 20
-" Monday 16 41- 10,
25
25
38r
10
- 34
16
Tuesday 19 15 14
29 19
15
10
12
l Wednesday
14 14 33
7
20
i Thursday 22 13
1 6
Friday
II. Se tember Rankin of Problems:
41
General Information 17
I.Services 8
2, Children s
3. Financial Serv. 8
Med or Dental 7
:.
4.
' 5, Aging 6
6. Employment 5
Services
4
7, Recreation
8Transient 3
9. counseling 3
lo. Disabled
'.
Service Assessment: 88
Referred Received Service) 5
`
=
Available.
Service Not 1
Refused Service3
Needed
_ Service No
In Se
tember'
Used I R �.t Least Once
IV, Have
Business
University
-
Church
HospitalA
(Profit Oriented)
Agency
private 9 Non-Profit)
public Agencies
Person
Professional
Self (General public)
f
s
j.
•
RECEIVED ERCT
1 0 1975'
Johnson county
--�) regional Manning commission
TO: Ma.yor Edgar Czarnecki and Members of the
City Council
;
I-RO111: Robert: Hilgenherg, Executive Director
R Appointment of Representative to the Citizens'
Advisory
Committee
At its Septemi>er 18, 197S, meeting, the Regional
Planning Commission
-directed me to notify the Citv ofrIowa.City that
a citizen'rcpresenting:
R- agency needs to be appointed to -the Citizens'
tT,Please
Advisory Com-Mittee.
notify the Regional Planning Commission o.EEice
as soon as
pnssiUlc-with the name and address of the citizen
representative
selected.
Than you.
DATE October 7, 1975
-_ ek, City
Tp: john Hay Attorney
r, Asst.
FROM: Tony KushniCity Attorney
-- - RE:. Contract Zoning
"contract zoning" aspects of Item #6
In regard to your request of the I have found that although
egaction
on the September 23 City council agenda,
receding Item #6 is unfor*.mate,
-
the 'language ,i.n the comment preceding
is legal,
taken by the Planning and'Zoning
application for
14,
of the Pathe Frantzfollow C°nstruction Company on August
" t•Sy understanding hway 6 ByPasS and east
rezoning was submitted by. -
1975, zone to an RIB zone and R2 zone. On
of tract of
land located south_of Hig that. the pro
Sycamore Street from a RlA Published stating
oy Sy 1975, a staff report was p
September 11, The
posed changervatiO
s were reasonable but that it haSeWer facilitiesns s to the
analysis has shown that not more
'development of the area due to the sanitary homes could be ,.
staff report went on to state -that anasi le -family
capacity of the sanitary sewer serving_ °
than 44 duplexes and not more than 67. sing Frantz Construction Company
constructed due el the ry lat submitted by staff's
that area. A Preliminary P lots._ It was the
showed 41 duplex lots and 74 single-family
application be approved with the understanding
than indicated in
recommendation that the app counsel approved said
Zoning tract
that the trach °711atnotThe Planningeandnto more lots
the preliminary P 1975, with the stipulation tpreliminary
application on September ll, more lots, than shown ,in the P
not be resubdivided into ,any_
plat. The R1B and R2 zones would allow for further resubdivision of
- the abovestated -lots. -., - and Zoning
uestion at hand is whether the Planning Contract
:h ;,^radiate 4 pa
of land
recommendation constitutes contract tract -zoning.
-.is-.the rezoning of aparticular p -- -
;.on' s enerally in the
zoning, briefly stated, the zoning ordinance c
1 . sed by
_.upon conditions not impobeen-rezone
"t 249 -Michigan igan 372, 228 N.W. 707; Ha net v. Austin,
particular. _district into which the land has 429(1959))�de.
V. t�ichi amore Oil Com an ,
148 A.
-° and Baylis V. Cit of Baltimore, -
93 SO.2d 66;
this parcel of land toRlB and R2 iatlsubmittedoto lots
The zoning of e -family lots.
41 duplex lots and 74
in the
smaller and more numerous than the preliminary P
Planning and Zoning showing is a leg
The number of lots and sewer capacity
ent of any community and there exists the Chap machinery in
develops development.
ter 9.50,
orderly LOvide for such develop improvements
al code t° P roval of all imp royal
the municipal ovides for the apP Manager uP°n approval
the subdivision code, PI
facilities by the City
and installations, of any
.believe the Planning an° _
of the Planning and Zoning Commission. I
PDATE C7 ,
C^ Jim
54In
V� low• City, t
URBAN RENEWAL own 57440
C. of 10wn.City 410 E: Washingtm+
October 17, 1975
in of Washington Street is slated for October 30-Between
fBetor een now
and parking and
Reopeninget
parking spaces will be marked off in the area .
plastic cones will be set over the places where light posts eventually will e
eo le from tripping over them until
installed. (Those little square things on the sidewalk with metal sticking up
out of `them). We hope the cones' will keep p _ p
next 'spring when the new light posts are placed. The Design Review Committee
has selected the style. `
basis, there Will be four-way stop signs at the Washington inter
On a temporary -
se�e�sectWonhwithLinn
GiDubuque
StreetC
will �besback tin placeSbynOctobert30. the
in Anyone who
for tour of the business district.
The sculpture dedication went off without a hitch on October 1
missed the sculpture walk had better hurry on themeritsof
The artists---Will`start_reclaiming their worY,s:this:wee�eatly:on convenient to
have -Washington closed for the event• Opinions vary -'g
for pro -
the assorted art works, but a unanimous award goes to "Naked the event.
, iorigi
vidin9 lots of humor
ofd"sparkingNaked lotsrel" of pubV soon�befty oramed andehanginge original
Frank Miller Ca
to remind us of the festivities.••.a gift to the city from Miller.
Civic Center,
The Design Reviewcalled
tinethesurbanrtrenewalended tarea.at it�wasuselectedse a tlbecause it
Purpleheart for benches
ining
is highly resist to the ravages ,of weather`. sed.--Thettach committee hasto arec-
walls and free-standing square -benches; will be used. _ a style that will
omoended that a low -slung style of bicycle rack be purchased Trees that will
be`as'inobtrusive as possible. The committeealso
group square, wooden
trash receptacles that will be placed among
go in those circles in the sidewalks will be selected based on their fall color
and other seasonal interest.
The Design Review Committee also has recommended that a temporary transit - 5a
information sign be allowed at the northeast corner of Clinton andWashington'
streets. purc �-
de
A11 five houses inthe
urban
renewal area
Theahouse at 122aEa�Court Stlable . went wenthfor
at art auction on 0 S.
Bur10i0ngto hSt ther four, at
eachE Bonds are to beafiled�and fees upaid rt nby7the
end of the week. Prchasers will thenys aentefterrthetccontractstare�silgned.the city and
must remove the houses
The Design Review Committee plans to meet the second and fourth Wednesday of
every month410 Et Was hmngtontStreetUnAnyonevwho�msninterestedcinRfinaloom tdetailsthe v�c
Center,
d to attend.
for malls in the urban renewal area is urge
Meeting
Notes OCA/City Staff -
October
s
14, 1975
;
c
B. _Tradeoffs.
with the dollar amount
i - - 1,
Council is presently not satisfied
of OCA's proposal.
naccept-
=2 the average fee land value is unaccept-
a. ,The use of
able.
able
a =1 fee land value on a parcel by parcel
2.
Council.prefers
basis. -
of a system for tradeoffs, however, a
3,
Council approves
be negotiated.
value needs to
OCA a ledger account of tradeoffs, however, at
4.
proposed
tradeoff, determine a value.
the time of
Area tradeoff value equals
S.
OCA suggested, that the Service
fee land values in Blocks 8��_086)65.
35 the -average of the
(s400-1128 see D.S.'s memo) _ $
('f $8.00 x-4274
1:I S f ENI-IN, lA\DLORD_ N1) 7.1: Mt): nC '
S RiiAL PROPIiR71'1, PRC13A77i AND TRUST MUMNAL 104 (1973)
PROPOSED UNIFORM ILESIDENIVAL LANDLORD
AND TENANT ACT*
. -I. I2: mODUCTION
The stated purpose of the drafterst of th' proposed Liniforn Rcsiticn-
' tial Landlord and Tenant Arc= is to simplify; clarify, modernize. anti revise
the law gm•erning _landlord-tcnnnt relations.a The far-reaching-r--forms
which arc contained within its provi:inns prompt. some to point out, 110--v-
ever, that the undcllying purpose and genera' attitude of the Act would i
appear to be to Iegisltite a balance in the bargaining positions of the land-
• lord and tenant in the residential field. This gives, rise to the claim by some
that questions of landlord and tenant rights arc too political and not suit-
able for study or legislation by the Commissioners on Uniform Statc Laws.
This Sobcnmmitice-of the Committee on Leases does not purport. to 1_
make such jutlgrnents.4 Jt was not our purpose to analyze or judge the
•Itrisort of Subcommittee on the Model Landlord-Tenant Act of Committee on Leases.
'Those Commissioner on Uniform State Law., serving on the Special Cnmininee on the
-Unitorrn Landlord-'taunt relatinniMs, Act'. a-c: F.dtcartl: I_ Schwartz.-Chairman. Boston,
16fass.. Elhsjn Evans. Wiimingion. ncl., ]aures Y.. Clack: l•ortland;Ore. William C. Gardner. - -
•
1
M1'nhingtuu. D. C., u'iniam C. Ifillman. Providence. R. I.. Patricia runum. ifonnlulu, -
1[awaii, C.cmge A. Rinney; Jr.. Chicago, Ill. R. Bruce- Townsend,. Indiart•l,ulis, Ind...nd-
- Robcn'A. Lucas, Gary. Ind. The icptrricr is Profcssur Julian-1-1. Levi of Chiraku. 111. +
8-0etein3fter referred to as the'oAet:''ncc-Act if based upon a project of the Amer-inn
Bar Foundation which promulcatcd a Tentative Dnit_of-a atotiel Residential Landlord-
Tenant Color. Trormitir Lcvi. who was the pu,irct director for (he American' Bar Younda•
. - lion, became tits repurlcr for Lite Sprrial Committee of the National Cunfrrenec of Coninis• �t
--sioncrs on Uniform Lm
Stair.nvs. The original nae of the Act the "ttuihtnn Landlord
and -cnant Relationship Act'. but this was chmsgcd to-'Unifurm ` Rmidavial Landlord
and Tenant Art' in August, 197222. One Tenor for the chance was in male clear the inter•
tion that the Art did not purporttoappis incommerciallease Sec. Levi \ru, I zndlnnl-
' Tenant Lrgn( R•(nrinta—Thr:lladd/ondfur f-'1'rnnnr C•r•?r, '{CmtuN LnsatK !,!P2 (1971) _.
-
for a atatcntcat of the. pus 11wra far which rile Spcdal Conunilice of thc•.,\auunal Collier. -
cute of Cumtniasioneu on 1htifdrnl State Lows wzs created.
- - •A1+••rove:! I)- It. Iln.ronst IthwcunsL Lasm 0911 ANO •1-I:NAafT. Axa ilIMP(b) (Januar -
11, 1973[ (heteinah;•' cited u+erdr to)' seet•onl. Cu1nnicnts to thr various drafts of the Act are _
- - -- - - herein.+fter cited 1.. cocoon, specific draft and date See Page 1'3 for text and comments. - -
•'ibis Suhconuniuee fir! became active with regard. to sheUniformIandlerd-Tenam - -
- - Rrlatinnthip Act In ?larch, 1911. The Spccial Cammitme on the. Uniform landlord-Tenan+
)tdaticnsh!P Act (ste note I supra) and Its Advisory hoard; of w•hirh the;Cha fnr+an of the _
Subrammiuee is a men:fire. met in \larch. I9,2 and heard rry>rncntativm Inn is_landlort
Slarrh.-19::'.
.sed teoaut Von],$ in discuss the Second 'rentative-Draft of the Act-dalyd
-- - Among. those heard were reprtscrtuakes of the. Pennsylvania Auorncy.-Geucral's 0113Ce
National Associxiun-uf lluine 9lm!den, Nation-21 Atanciattou for:ldvanccment.ob Colorer
- - People, Natiunal liousin;: and Zvmnnue Ucselopmont Iaw. Proleel.-.United Jotr Savinlr
and Loan Lim-gue. Natiulial A"ticiatiun of Rc.d tsrtte Iluards. Institute tat :teal Esuu _.
)dznagcma+q. National 'tenants Or,arnrafton' NationaloTenants Information Service am -.
lepresuse-livo finnt site aradem!c world-ltnther d.m- submit -.s: report based ,puts thou - I_
hrarinfs au she Second TeWarivc`Draft tlos`iutr.nmmfue.• awaited. the •1 bird. lvolUn• III
_ -- Draft ubich was dated April, 1972 but unt distri;med until dfal•,-at-Which time. it wa
stated that public bearings would be held fa June ht San Frsnciseo. Representat(vcsi of till
_ Cmnissiura w:•re unable in attend the public hearigrs held its June in &ni Fonrisrn, hu -
-were in receipt of the motets \furkingDraft-.which: was.dated, July, 1972 and were it
aitcn8ance its San Francisco at rise ntretin(;r of American BarAsfttaation and -The _Nationa
Confcnvice of Cummir.,iuucii on Uniform Sime Laws. On Aubnist 10, 1?r a Final Aral '
Spring 1979) UNIFORM RESIDENTIAL LANDLORD•TENANT-ACs 1o$ -
motives of the Commissioners nor to determine whether this Act will do
"justice." We have Understood Our responsibility to be to examine tlic-
PropOsed Act for purposes of correcting inadequacies in ilraftsili:utxhip :rad'
in other technical Ieg:d :bees. Our purpose also was to Point out lxusiblc
consequences Of the proposal Act which may not be obvious, topics no,
covered, the effect of some of the provisions, if such may be in doubt, and
to include such other legal commentary as might be within the crape of our i
cxainination.a
Jiiihaliy, the must emphasize that the proposer] Act departs from the l
traditional view that the landlord•tcrant relationship is4founded 'in prop- j
crq law. Instead, the Act malts `it' plain that the relationship of the
landlord and tenant in a residential ]case arrangement should be foundr-d
in contract law, The concept of "rent for poscessiori' is abandoned in favor
ol'ijtc vice•iat the tenant not only bargains for, quiet Possrsion, but also
i.
fnr services and a d ftnit� inalit oC housin CT,ic iT`ci�is t�ividetT'tn[o'six. i
I
'major areas: General Provisions to ort _Obligations; Tenant Oblige•
— tions, Tenant Remedies, Landlord-Remedies,-and Miscellaneous Tenant .
and Landlord Actions. This report will attempt to examine the Act in
that order.
• -IL ExAMINATION OF THE ACT
A. Genc>al Provisions f
I. Scope. There arc some exemptions from the scope of jurisdiction
of the Act which, considering the presumed intention of the Commission-
crs, s.•Ould Iiurzlc those interested in broad housing reforms. For example,
residence - it _a public or private institution if connected with medical,
geriatric. Cclucatfon;d, coutueling, religious 'or similar servicer is exempt° ,
Althoug:l it %%�Ould appear clear that one receiving; medical or relidlous
training or aid maty not be in a landlord•tenanp-
t relationshi!,with the
institutions rendering same, such is not so clear in the'cve of students who
may even be in a less advantageous bargaining position thane the normal
-
was presented to the Nation at Conference of. Commissioner on Uniform:$tate Laws. It seas
thcrnfter amended further and approved by the.National-Conference-and Submitted for
'approval to tse American Bar Association. it is this'•Apliroved Draft" which bean the dot: _
o[ January 11, 1913, wish which Ibis report is concerned. The Commissioners withdrew their '
- - rtquea Mrapproval at the Mid•Year meeting of the ADA in Cleveland in Februarr_. _
- s111riticn cumnscnrapq on the Second Tentative Draft: and the Third Woriing Drait _
were. reccivad by the Commhsionen and ilistributrd to its Advisory -Board. This subcom. _ -
_. iniuec has exaniined all steel, suc;;tstians. Among those submitting such `constructive c:iti- - • -
Atto were: National offilfoce:
Delaware
:old F,conontie Ucvelopusent Iaw Project:
;Pennsylvania
Attorney General's ORtce: Dcl:nva:e Vavey Apart House Owneri Oject:Associa mnzyavuel
nit--
-Diamond. F ,.. of Pl,iladclphia:-Pa: John U. iseal,y, Esq.. of $L lsaul,'Afinn:Western
-
Ctatcr on law and 1'teFcm: Northern Worcester County IxgSi Aid Society,
'Inc.; o[. Fitch.
hurg, \f.nz: Luz Anl;chs }lousing Autmrite: Uregon'state Economic rap IznrtunitY -0131e; �
..Cincinnati Aparunalt Assncimion: Oregon $ixe•Department of Ifurran Resources; Doswell- - -
-- shall Omstrnction f:n, of San - Ftancisrn, (:ala. NatiuualCrater for, Dispute Sculcmctsc
SatilalA tiariur Cili,en, L.w G•ntcr: Cnmtenmiq• (lual Cater r, Dis tet sculccls melct,
Natioua] Ltgal. Aid . and Defender Asuxia tion; LA-gal Assisean .:Center ofrbitralitan Aunciatfon: - -
National '1'enanb Url;aniration; I\'nley O'arren; Jr., Esse: of Decatur, Ga{Kutubo- Dcrel•
npmcnt G,rpuration of Illinois; and Warner Illinois; and the Chicago Council of s
Lawycn. _
*Section 1102(1). I E
•
�r
lO5 REAL PROPERTY, PRORATE AND TRUST JOURNAL (Vol. (1:101
tenant. In similar weaker than usual tenant positions ire. those tenants in j
1 a "company town" or those'ts•lto are sharecroppers or tenant farmers, but
the Commissioners havealso exempted these classes of people from applica
-
nd,justifiabic exemptions arc afforded rcla-
tion of the Act? Additional ationships involving one occupying a dwclling'Eiursuant to'provisions in a
ling, dwelling units operated by a fraternnt
tonins[ to purchase such`ehvcl
or social organiration, traustent occupants of a hotel -or `motcl`and hold-
ry lease in a cooperative dwelling,.° But, by cxcnipting the
cr of a proprieta
"occupancy of an owner of a condominium unit'4 the Commissioners cloud*
an issue thought to be settled. The occupancy by an owner of a condom.
inium unit does not involve relationship of landlord and tenant:,it is the
occupancy by thc_owncr of his particular dwelling unit.
2. Procedural Aspects. .The Commissioners are necessarily only con.
cerned with the substantive provisions of the late. They cannot be bur-
dencd-with
the probably impossible task of creating a procedure which
could be adopted by all the various jurisdictions and superimposed upon -:
their present judicial systems. Therefore,they attempted to draft an Act
dealing ;with the landlord-tcnant relationship, and yet omitted any proce-
dural prescriptions for purposes of iniplcineutation of ,the remedies they
have provided. The ability of a tenant to require the landlord speedily to
makerepairsor make the premises ,habitableor furnish essential services
d as a right or claim of the tenant. By the sameok
merely is decn the
scribe•t
right of the landlord to dispossess a defaulting tenant, to protect prop..
arty and to be chic to';appropriate funds given as a security deposit He
dby the defaulting
order to-rcliair injuries to the property cause tcnant
1• are all described as rights. A swift procedure necessary to make these rights
vided:-Therefore, by default, self-help may
eHcctive and useful is not pro `
ord's and tenant's easy remedy. Understand -
well continue to be the landl
ably no one procedure _for the enforcement of the rights specified by the
Act will be uniformly acceptable by all the 50 swigs and the District of
n an attempt to'sugPcsr such n'procedural
Columbia, but the absence of eve
method may lead some to claim that perhaps this inability- to insure speedy
enforcement of the rights may be sufficient to make the drafting' of this.
particular Act inapnroprrateat this time. _
The jurisdictional' provisions _ of '.the Act "state that a nonresident
landlord "may" desi--nate an; agent upon whom service of process may be
made in the particular jurisdiction. In the absentt of such designation,
service of process may be made upon the Secretary of state coupled with
the mailing by registered or certified mail of a "copy of the process to the
landlord at his last rcasona'b1y-ascertain7b]e address.10'It }would, perhaps.'`
be more appropriate to require the designation of a, resident agent for
real property in order to accomplish speed in service of process as wcli-as
for purposes of identifying one withinh
te jurisdiction who may ace for the -
landlord.
_ session 1202(5).(7)-
-S,-
20^(5).(7).•S,- tion 1202(2).(4). (6). _
'Section
"section 1203(6). See §2.102 which re+jnire, landlord to dueling to tenant the idrntifi-
-- Cation of one audtorited to accept scrviee of proccu on lartdlord'a behalf. \
1i17
_ , r
—.1cT'r t. . Ct ncitiecs.
t..1......TC C't:IIltT:dCtl:lror ••+c (tfilC enL j)rOYI G 3 J: .11 Act.
C
, C SC.:n 1J :.0 n:a 1 C toU TCo :Ctive Uy, 11Cin'S' (ICS tl� _ t0
t c la..
t o -t unt cr cne-cnt t,
�rccr
> 31, Jci b D.G,t cL to In iudc 11
ay
pncr to be c:e
✓ 5 n..lr O; the (n d!o j c , a !uc p
o55 ZIC L'l:: C\(+ 1❑ TC LC:i-'.
ecai ..:.::�c..._ats,-o..!.l„_.tcls o my cal ezcltc to a of cr_
_ part of the rent. AISOr;t wO t1L
r::C..-On:.-ations `::.y -UL incl aD _. ._. -LV 11).^.liC'
.''.ariiy ::c asi:c as to \t•iiclnc ti ..ymcn to .1 hit p
t t -
•• rt! rr ilt NGI% Iltrl 1 :•'rt ++, rt r 'r iC 111tt1111A
:Ov1U 1 U -l'll. 1••I LLC
51
uT I PTU✓ta UIIS.- n I \,i 7 1 ]].t/ be rC .-• ( CO aS
} + ;
is o: land'O i C1lailt 5 ti 1iU lW-y rt St.:S' 1 C / tC ,JAL :II -
t y„t` prov35 OIs cc -Y Ltv ar C\C. _ _ _
1)C fUl 1 t �i 3G. LG tl:C
foot. iti-.'and the o' t,,aion o., good ` t.b ST rccmcnt ccr.- ,
c�crci,e of a y. ri.^., c.v dl
r_ In u'a.ion l 3 :cutd
alt\ l�ut1,io 1 t` u1\ occilz lctewed as "un�ol+c icb+� tl:c
a\ nrl -c tut ll nrr 111 agrcemcm or 1l ly iwisc t or cluL, any
t r ..• 1\ �r•['IIt 'l , G rltle 1 1 1 r f1.t1 ta:r 1]
r lat Y1C. •• to li iITUVp Jia V .lc
5.
:c\•� •farcy uas .+ rale to alio 1tc :lam ges.1,-'riiis \voald , �ti•
•••t •`ro” l - —...any -states where: lan.ilords--1"v Lec.1
t 1 c Iro u c taw :q
.-U.`_c••..`.. �. :J'_S- :-t -._le_:
With u
• t.uce
arrangements —cnznu
toCo.Ino .ti -
"ad, ChJOS11e(p col
_n(.. i
C
_:: C.^..iset: he sed m C)Lcles
r..cit lease ara +�crcnts.
conLlt s : r Jtc to �.;
:d• ti ,L `ennl a t n a!l :he
t nC CJnt.ILOf 5 \,•1 Cti ail' r0 Spe i]C \ O:011I Jr:CG by. the Te:,eo a
:Cn•. 1er:,r, O :1C a.. Cale::: ant! othicr 1•ru\isiO 1> COn('e11111 LilC 1� Cs 3 ..' _
JI-ihCl,t :1 c5.1 L'.tt.in IL- �bicr -e of a�lr(.e-9Cn:. t.r •`
l;c L c:m.1 t!:c csscnt.a; tc s and us avo s ly
t -...o t'cc acute n ••r_tic c
.., i c i :,' r.G^ ally arase, andc :
o-'
�..__
r,::ucs a:c -Isszmcd-to have a�.eca tf.:c the cnaat lvit' nay. :e
Lcto;1 c use and xcsya cv o` Lc cut 't.h
.c EI,c -c:a is uayablc a' the u\, t'.r.� t-'-`
c
s
1. rt n . -, ' of tiny te.'-" of one -1J a ±e 'c' -
-1J )ns 1 :Tents- in CC6 nn:nI O e+ -
C. O r -•
r
c e: rt -- On tilt from 6"y.lo t:y; ✓ _.
l .
nil
• S
J.
.ce_.e._r .xc_ 4e _r.�.cy t..—,
_. v t.• t - ti. 1. WJ:11e
r:
•:) �::tri:.:_:V✓:e}. _ _ t _ .
_ 1
"" :.i. �.: • ..: ..,:',, .LUr..:l n. 7, 7:! Jr,ura+nC tt/•.. ..:f,; - ..
v c:: to week in Lite c:ac u- a roomer who Pays weekly rent, and '
other cnscs,. •,n :,!!
Lu.:: r.:un• : to urunllr.ty :
it :ht l:uullurt' noes nutis + „nand leturn a tvriurn rrnral a);tcrwcr,
WitchWitchgnctl ante dtln
-cred In him ht• the knurl. till. landlntd's artri.t-
tn^c of rent trichout rescnctutn[ �rvcs the rental a"leemcnrnc� s:nnc c!ictt
as if it had 6ccr si:;ucd by :hr iarullm'd.-o Curtcspuntlin) ly, if the -tenant_.
-iJes not ,i -,n alit; :cturn_a. wr i en ren •d ""c' enc :rhich is sient:d ant!
!-tc:cd to Lin: by 'lie l:uullufd,'acccpt•urce of"pnsscssion tnd payment of
rent without rose va.ion oivcs that rental a.•reemern the Sallie c!(cci as if it
had been Signet! by the truant. -3 T ht cluestion.is raised_:rsto tl:c 'rc-,u![ in
the later situatim, if tilt: tcna:tt merely arcepts posscssiu
:n'buc does not Pa
:n!. In such a rase, till. landlord would have
tendered :t written i - pa
c_mcnt, and tits tenant would 11--ve acccp[erl possusiun, but hr mi,;!re
c:aim that lie need only pay the -fair rental Value"'-'
which he may'think
is less t!t:ut_the ppeciffetl rent. It, .order to avoid any, urjusc rt'sult. the
7.
rental .,,.-cement if sib ell and dcli6cred by the landlord shou)d lie giver
e�cct upon renants accepcin- possession tahedtcr ur no, `thrmnsn! pays
�tuc c�U'c•mcly incduicablc situations I resulted from., tt. •
,,,,.n- used ai all adhesion contract by, the landlord offering .h_ burden '
omc iCse agreement to the -rc:ant an a, "take it or Ieav'e it,, basis :c
Commissioners have auemptell to re:nedy this particular aspect o!
an_- hi !lie rela:ive bargaininm powc:s bf landlord and - -
1 tcnan✓ Lv s
aa: no rental a„ rccment may provide that the tenant ag res to t:: nc nr : 1
0:e7,0 rights or remedies ander dte-Ac., .tthorizes the confession of �udg
1 x rr or. -his behalf, agrees to pay till. lardiord's `attorney's fesor ar el.
-0 the :Xctdpation or hmi[]tipr of any liability of t1.e landlord.-- Ifs C�: -
r-0pisions arc contained in the rcnrat •.•err-tmpnr i._
:; tnc r.tnuto: peliberattly uses a rental aercemcn con
r - t
S"L" p OVlsions knowing them to Ile prohibited, the tenant may recover
punitive damages and attorney's fees. ---4 This latter provisionwould appear
to go further than is really nccess..ry: If the provision itself is u,!caio:cc-
pblr what neer) be there for jpon .iqe damages The p:oponencs of
his
provEsion might n '.tly Jaim that tenano not aware til t ,r:ie r -:fa• s -
L-..ca!orcestble n,,�- ••rer.nelus lie coerced by these tc._ts. gnus. in on,
top ever! even t , for :ble language from havir a t : t:1 h "n>
n5nt vc d,nia^es a cff� %
..._s: he provided to be sure the prohibition is hzecec.
I:owever tc conarluences of punitive c!amages may wtil cause more eos-
fLLSiOn tha.a- the use of the prohibited languaoe:(.cor example, in -
in
cues, the Ac, allows the landlord to cpl!ecc reasonable attorney's fees==
1AU10ir which provides tna: in the :,:encs o! ..n ag; ec,ecnt '•L,< renes
n.,•: : at en, t
_a .he fair rcutal value.** -
._aver.. -.l :t r.r••1 - _ ..- 1.
carer ,'oa(b, the r: dues nut prnvide a c-%znfcover period eu.jr;; to ':. cxia.::e
fu.v.— =:ly Le --ncr'. tlu a„ h, --ince the prub!bited language is urr
not aooccafurceab:c, to c:.
:.r to is cxrrcmrlr bannful.
S
- _- Spring 1973] UNIrOIUd RESIDENTIAL LANDLORD -TENANT ACC -'109
inclusion of the exact language of sudrsections of the Act in the Icase does '
not appear to be objectionable, but to do so would violate dee prohibition
against the tenant agreeing in advance to,pay -landlord's attorney's fees, and
thus may not only render the provision unenforceable but also subject the -
: landlord to punitive damages._ `-
Additionally,the Act states, that no assignment or conveyance, trust
decd or security instrument may permit the receipt of rent free of the
obligation to comply with the landlord's duty under the Act to make and
-- keep the premises habitable: ° This approach,' similar to one in the con-
sumcr credit field which negates contractual provisions which allow' the
noteholder to collect the amount due even though the product sold.no
longer is usable or the warranty_on that product is breached, r places the
risk on financing institutions -of -not having the right to accept rent pur-
suant to an assignment of rent without assuming the obligations of the
landlord to keel) the premises habitable. This provision may hinder future -
construction of multi -unit residential housing as institutions may itot went
to accept SUCII an obligation. At the very least this will result in higher j
interest rates, for the risks and possible costs of assumption of this new
obligation -must be part of any underwriting considerations indeterminingi
the price of the money to be lent
B. Landlord Obligations
1. Security Deposits. In listing, the landlord's obligations, the Com-
missioners inadvertently strengthen the arguments of those who would
claim
that the proposed Act is anti -landlord, for their unfortunate choice
of the first landlord obligation to be listed is one which is peculiarly related
to the tenants obligation not to commit waste: the landlord's obligation to
return the•security deposit, The Act prohibits the landlord from demand-
ing or receiving security in an amount in excess of a specified number of
months of'periodic rent=s The provision would appear deficient for no "
interest is required to be paid on such 'depositsz0 nor is a trust relationship
established or separate account required for the security deposit.D0 In addi-
tion, the concept of a furnished apartment requiring additional security; in
an amount which may not be related to the monthly rent is something
with which the Commissioners have not coped
�Scction 1.404.
'UmrO:Tt Coystoam r• mrr Cone 52.4D4. Cf. UNIronst COMMERCIAL Cooc §9206.
�Sectien 2.101(2). One month -s rent is suggested as the maximum security-dclstrsit to -
allow, but the legisla titrss ate left to set their own limits. similarly. elsewhere in the Act.
the Commi+sioners 0111• sugent ti=c limiu, by snaking such suggestions parenthetically, but - -- - -
leave the stain detenuination to each jurisdiction. See. e.g., §G1:103(b).-•191(c), 2.101(2) (6).
` 3.103(c). 3.104. 4.101.-•1.102_. 4.103. 4A06, 5.107..4201. 6_202, 4.301:-
sThe recent vend in many e:ates is to rcyuire.the•payment of interest on secutity - - -i
deposits, for thoe dcp.nits must be siesred L tenants' -property which is not to be converted - 'r
to the use. or fol the benefit. of t.r'landlord. The landlord is compensated for 2d1ninis1f2-
-tion cxF enscs See, c..; \.1: Gr_.. t .%ucAnONs Lsw §7:103(2a) (Supp. 197L9. - -- - -
"since these deposits are mueb akin -to -escrow funds.. and the landlord does have 2 -
fiduciary duty with retard to the naintenance of such funds• am• law regulating the use of -Y
such funds should require s1•p2rte accounts and prohibit commingling. Sec. e.g.. ?to. Cour. -
Aux, Art. 5i, 44311 (Supp.: 197.E V. Y Grx.OuucATsons LAW §7.107(1) (suPe 1972): N'. J.
STAT. ANN. §46:8.19 (Supp. 19:=).
_. _ /t1 f, ... _
— - ,-.-
110 RPaL PROPERTY, PRORATE Alto TRUST JOURNAL, [Vol. a. -.
1
The Act provides that upon termination of the tenancy the l: ndiord
t
may the security to tilepa)'mcnt accrued rcpt and the amount of
apply through the tenani s defgsultat :-
damages which the landlord has suffereded ed through -01C
items damage in a written notice delivered to
However, he must list the of
ihr. balance of the security deposit within a stated
the tenant topctherwith
time 1(14 days suggested) after termination a the tcnanty and dcliv-
period
ery of possession by the tenant: IE the landlord fails to comply, the tenant
may recover the property and the money due him together with punitive
-' --
damagesandreasonable-attorney's Ices72 Query as to whcther, upon suit
for recovery by the tenant, the landlord is prohibited' from proving the
because lie did not comply, or whether he
amount of d.images'lie suffered
can the amount of damages to compensate him for injuries to the :
retain
but is himself subjected to punitive damages for not giving due
-
property
ten anc the itemization.
The opportunities for.abusesin rile rlctcrmination of the amount oI
lcposit to be returned to the tenant highlight the need for swift pro-
scccurity
cedural icmcdies. Ili many cases the amount in controversy will prevent
tenant might feel that lie was
one from goingto court. For example,a
but he might feel drat $20 might be
entitled to $20 or the security' deposit,
what cost in ;time and trouble to go to court.
-
less than it would ,him
Similarly, often a landlord will forego his rights to damages amounting to
bring suit against the tenant. If a
$20 in excess of the deposit rather than
simple procedure could be provided to insure swift and just results, these
i
-
petty injustices might he avoided.
The Act`rcquires 0 a the landlord disdoso
r
2. Disclosures. proposed
to_ rnanagc the premises and
to the tenant in writing the person authorized
owner of the premises ora person authorized to
c
r
the idcntifiation of the
for and -on behalf of the owner for purposes of service of process as well
an
es te
as fopurpose of receiving and -receipting, for notices and`demands.6°
a would be found iu the '
{
Although rile inference is clear that such person
contradictory in that it providcs
jurisdiction, section 203(b) }could nppcar
the landlord "may.' designate an agent upon whom service.oE_process
that
may be made in a particular jurisdiction. A person who fails to comply
of each person who is a landlord
_
with this acquirement becomes an agent
•of process; and receiving and receipting for
fEor,'the
purpose or service
of obligations of the landlord under the Acts'
i
notices and the performance
tnny become liable for all the: obligations of the
t
Therefore, the manager
landlord unless he actually makes full disclosure. A maybe that Clic Com-
r
% -
' --- -Section' 2.101(b). it should be .notal that -the traditional landlord'! petition is that
and toay not normally It applied
-
there deposits are security against damage by the. tenant
to. the amnuht of rent owed. After the. tenant has vacated the prrinis- pend the damage
Owrd. 8Y, pf0\'Idln� Ilial :lir
meatmred. the balance of "'Ch s1 POsits maY he applical In tent
deposit "may be applied to ac=ed lent;' the Act condones 'lie tenant practice of fore; oing
-and the fernTlly deposit if pa)'mtot Of such rent. -
payment of the Inst 1nonth's rent Ireatlmg
mods to the landlord's d'np Icasure.. *hc landlord naturally -uses -that if the-icnan: so
tenant has Ilcd and thm,gh the dcprnit may be
t
f - -- -
treats the deposit, at the end of the term. the
-- tufficicnt to pay the rent owed. It does not cover damages to the premises. -- --
-Section 2.101(-).
r
_ _
_.
-COLI lOn 23M.
t
-Scctlou 2.1 02(c).
Spring 197 S) uN7rolut•tt=ltieltmtt LAltucoals-TeNAr4r Ace
missioners intended that this section be react in conjunction with section
1.203(b) in order -to formulate the unahcrablc result that someone will be
designated for service of process and notices, but clearer indication of such
intent would be helpful. :
3. Possession. The landlord must deliver possession of the premises y
to the tenant at the beginning of the term as Application of cont_ -act law
principles dictates that, by not delivering possession, the landlord is in
breach. But the landlord is not obligated to bring an aciiolt to oust'one in
wrongful possession, for the Act merely provides that lie "may" bring such
action,ie although rent is abated until possession" is delivered. Moreover,
Elie tenant, in such cases, may either` terminate the. rental_agrecrnenc or
continue to demand performance by the landlord?r It !could appear that
only the prescribed remedies of abatement of rent and right -_to terminate
apply in the case of failure to;dclivcr possession: It isnot at: all clear :
whether the,teunnt could collect consequential da
maFes.ee
4. Habitability. The proposed Act codifies the recent -trend in judi- -
aal opinion to the effect that die landlord has covenanted to maintain the
premises and that he has actually warranted it the beginning of the
relationship that the premises will be habitable` throughout the terru of
the lease. -ID The Act provides that the landlord shall comply with applicable '
building and housing code requirements-, make all repair and keep the
premises in a fit and habitable Condition, keep all common areas in a clean
and safe condition, maintain in good and safe working order all electrical,
plumbing, sanitary, heating, ventilating, air conditioning loll other facili-
ties including elevators, and provide and olaintain appropriate receptacles
for removal of garbage and rubbish,and, finally, supply running water and
reasonable amounts of hot water at all times, and reasonable heat during
those periods which may be prescribed by state legislatures as being reason-
able.te By allowing the tenantto sue: for damages: as well as injunctive ,
relief for breach of this covenant by the landlord!( tile Conimissfoner are
actually enlisting the help of tenants to enforce the building and housing
codec.
The landlord of a single-family residence may limit his obligations,
for the Act provides that the landlord's duties'in_ such -cases concerning
rubbish receptacles, heat and hot water and 'specified repair, maintenance
oSectfou 2.103. '•' _ . � - _ ...
:
The tenant may also bring an action to oust the one in wrongful possession.. §4.102. -
It would_ appear that .under §4.102 Loth landlord. and tenant may be^aggrfevcd penotu;
---and therefore it appears poisiMe for. each to collect actual and -punitive damaga from the _
wrougful Possessor. see Cutunhcnt, §2.103, Approved 1)13(1 (January, 1933).'- _ - -
-Section 4.102. - - - - -
''Though tenant mr• collect actual d2 from the one in wrongful possrsion. ccr - -
_ note S6 sulira,_ Appliaion. of contract law priniipla wmad seem to. indicate a-rishiful
claim for costs of sulnlfnuc housing --Such is allowedif landlord fails to prm•fdc asontial - - -
srnim and. thus forces tenant out of pouession and into substitute housing. See F-1.761.- "
"See Trends in Landlonf-Yrnant Law Including Model. Code, 6. REAL PROM. Cion. k 7n -
J. 550.563-567 (1971). ser, e.g., Javins i- First Nat1 Realty Corp., 42S F2,11071 (D C. Cir.
1970) cert. denied. -1011 U.S. 9^3 (1970): Role Realty Corp, v. Cooper. 53 N.J. 444, 251 A2d -- -
268.3S "A.LR.3rd 1556 (1969). - -
"section 2.104.:
-Sections 4.101.4.103, 4.16(..
%'/C•
L
- -
112. - REAL PROPERTY, PROBATE AND TRUST JOURNAL ..-.[VOI. 8:104
- .. _._..
t -
1. C
tasks, alterations and remodeling need not be landlord duties but may, by
-
agreement, becomethe tenant's obligntions.+=- It 'would' appear that the
proviso that these obligation's may ,be shifted' only if the; transaction is
entered into in good faith is surplusage in view of the; general good faith
obligation contained in section 1.302. -The -Act -ilso`allmcs landlords and
1
tenants of dwelling units other than Single family residences to agree that
-
the teriant may perform specified repairs, maintenance tasks, alterations or
--
remodeling if such is set forth in separate writing signed by both parties
i
and supported by adequate consideration, if the. work- isnot- necessaryto
is
cure landlord's obligation with regard to keeping the premises habitable,' '
ti
and if the agreement docs not diminish or affect any`obligition that the
l`
tenant or landlord may have to other tenants in the premises and so long
as the landlord may not irc;it'performance of the separate agreemcnras a
_
-- - -
condition to any obligation Or. performance. of any rental aveement.•a -
j:
- In normal practice such covenants would be part of the :rental agree-
r
went, but if a separate writing is required and such is to be supported by
j.
adequate consideration, it would appear that mere reduced rent would not
:1 .
be sufficient consideration in, related to the rental agrecmenE. If
the tenant fails to perform as required, though ,the landlord could prcsum=
ably collect damages pursnant to traditional contract law. he cannot disturb
the tenant's possession. nloreover, lie must continue to provideservicesto
the tenant although the landlord has been deprived of what lie sought:
- a resident of the building responsible for the performance'of specific repairs _
I?
and maintenance tasks. In many states the landlord's liability to persons
{'
entering the premises is limited if he is not in possession and control of
the premises. If certain tasks cannot be shifted to the tenant because they
l
are necessary to or connected, with making thbe premises habitable, it would
—
appear thit the landlord will -be subject to many claims even though he,_.
did not have possession or control. Funhenrlorc, it is far from clear as to
which sort of work can actually be performed by the tenant. The only tasks "
listed which are specifically permitted to be shifted are those to perform -
specified repairs, maintenance tasks: alterations or remodeling. These terms
:
are not defined by the Act. Since all work necessary or connected to the
landlord's obligation to provide habitable premises (which would include
general repnirs anrt maintenance) is specifically prohibited from becoming
the tenant's obligati..ns, the enact tasks which the tenant can agree to perform
are not easilydiscer.tiblc. If the intent of this provision is to safeguard the
rights of tenants but still allow the landlord toncgotintc the shift of
-certain burdens, it might be preferable to require disclosurc:by separate
writing, rather than a separate agreement, in advance of the rental agree-
'
ment so that the tcuant knows of- these responsibilities before the agree-
:
ment
ment is signed. In such a manner, the tenant will not assume obligations;
wilhout knowing of them beforehand. Moreover, the arrangement need nor
I
'
fictitiously be separate from the rental agreement, and clic incquitics.result-- '
is
-.
-Section 2.104(c).
-
-
"Section 2.101(d), (e). Else again the good faith obligation it Tepcated unnecessarily in -
- '-'
Vaca of §1.502. _
:
_: I `
t -
Spring 1973] uN1rORSf RESIDENTIAL LANDLORD-TENANT -ACT - 115
'ng from separating these obligations from those-under the rental agree•
incnt will be :'voided.
5.; Limirafion 0n Liability, The landlord is relieved from liability as
Io those events occurring subsequent to his written notice t-
his coyance of Elle property. HO%vCver, antoo
for security dcposils. In this manlier, he remains iablc to Elie o Elie tenf tenant
the security deposit is forced to he
Iclwned by the selling landlord unless he receives written consent by the
Ico3nt to transfer the security deposit.{t It Would appear that sonic lest
stringent provision could have been d
corafted. For.cxamplc, tilelandlordcould Gave been relieved of liability if he transferred the security deposit;
scut notice thereof to the tenant, and rdso obtained and sent to tenant at
acknowledgment of receipt of-suds security deposit and assumption of the
landlord's duties by that new landlord. It should clso be noted that the
'nanager of the prernises is relieved of liability under the ACL as to events
occurring after_wrirten notice to the tenant of the termination of his man-
agenlcnt relationship.+a '
C. Tcllant Obligations
-
1. Afainfcnance o/ Di✓ellinq Unit. The tenant has the obligation to i
comply will' all.. those requirements c
housing code. He montained '.n. the local building and
ust keep the premises that he occupies as clean and as
safe li the condition of the premises permits. He must dispose from the
dwelling unit all rubbish and other ti:-tstc, and he must keep a11•plumbing
fixtures in the d%velling unit is clean :1their condition permits: He must
tilaung,
use the other facilities such as electrical, plumbing, sanitary, heating, %,,.n. - - - - -
-lir conditioning, actsicing and elevators in a reasonable nianner
and not deliberately or negligently destroy, deface, damage or impair, or
remove In part of the premises. He must conduct himself, and require
other persons on the premises"with "is consent to conduct themselves, in a l
manner Ihat will not disturb his neighbors' peaceful 'enjoyment'O! the
premises!p The phrase "other persons on the premises with 'Iliconsent" is
)
too broad for it may well include tile landlord or his !
might be ori the premagent or invitee svho
ises with The tenant's consent, though it is doubtful
that the Commissioners intended . uch ilitcrprctation.eT
— 2: --Rules and Regulations. Tile Act n1101%'s the landlord to adop} rules
and regulations concerning Elle tenant's use and Occupauty of the premises
and requires the tenant to comply,+M The purpOsc Of Elie rule orreguln tion
must be to promote tilen
convenicrc, safety or welfare of all the Icnrnts
"Section 2.105f,) See
"Comment. "2.103, Approyed Drafe (January, 1973).Section 2-103 h . - - -
-
"Section 3-IOL-
^Faamp)o of these aRruts or inviters of landlord anthepremises s.•ith the-icnan[i
eor:seru would he, amort,; others, the lamllnrd is*a crucial visitor, dee IanJlord rullretin2 rent `
or inspecting; the ptcmi.o.: n•orLn:en ma.imt repairs, -and dims pru>pyaice purclnsrrs,
-lr�er: or mum:,prra m s.•hnm the premiss arc. being cxhihaeJ.'I-he pilose is also found,
and equally mapl,ropri3te, in y 1.101 (�), 1.103(L). 4.101(c), and moi fel. -
"Section •.IO2-.'rhe aaaion reads ^A I,n,llonl. limit time to nm r
'. rc7tdatinr a h6wecer deeribed. enneernirr a nav 3,lyrrl rul-� and
It is rnlmr sblc rains the tenant only if the irn.un S sup and orn,par 1• u( 21rr remise.
lead'•Sutlr rule ui icgui.rnuri is yniui. e.bh , nun l[1,catenanlonds onus �t( O°ybt be secret it it
t
114 nraa rnopritrr, rnoaA•rr AND -txus•r JOURNAL _ [Vol. 8:101
and preserve the landlord's property from abusive use or make a fair dis-
tribution of services and facilities held out for the tenants generally. The
regulation must be reasonably related to the purpose :for which it is
1 adopted, and it must apply to all tenants in the premises in fair manner.
It must be sufficiently explicit in - its prohibition, direction or limitation
= of tenant's conduct so that he is informed of what he must or must not do
to comply. The rule must not be for the purpose of evading the obligations
of the landlord. The tenant must have notice of -the regulations prior to
-- his entry into the rental agreement. Any rule and regulation adopted after
the tenant enters in:o the rental agreement that works a "substantial modi-
fication of his bargain'.' is not valid unless the tenant consents to it in
wridng.10 The word "bargain" is not'deftned in the Acta "Rental agree-
mem" is defined as including all oral and written 2greemcnts,50 so that
"bargain" may be broader in. scope as to mean not only the terms and
provisions of the rental agreement but also any extraneous or gratuitous
services rendered by the landlord or any benefits received, by tenant from
the b_ginning of the term. If such interpretation is correct, the landlord ;>
may be said to bc_prohibitcd from diminishing any bcncGt given or service
rendered at the beginning of the term even it such gratuitous and not
---Wjlji4 the rental 1greemcnt f .......
3. ficccis Thc'faiidlord's right of access is assured althoujmust
a
more reasonable manner than the methods prescribed by many leasUse
The tenant is directed not unreasonably o withhold his coto
the landlord's entering into the premises in order to inspect the pes,
I
necessary repairs, agreed repairs, decorations, alterations, or ive.
- merits, supply necessary or agreed services, or exhibit the dwellingto
prospective or actual purchasers, mortgagees, tenants, workmen n-
tractors.at The landlord may enter the dwelling unit without :hent
of the tenant in case of ern:rgency."a' It is stated that the landloall
not abuse the right of access or use it to harass the tenant. Excephe
case of emergency, or where it impractical to do so, the landloast
give the tenant some notice -(2 days suggested) of his intent to ennd
h enter onlv_aJ,,rcnsonablc times.3s The landlord has no other lieht,_
V_ Y
4. flse and ()cc. ;,nnc)•. Unless otherwise agreed, the tenant is to
occupy his dwelling u•'itonly ,as a dwelling unit. The rental` agreement
ify thelandlordany anticipated extended
may require the tenant to not
absence from the premises in excess of specified number of days (7 days
suggested) no later than the first day of the extended`absence.ac The con- -
"Section 3.102 'e.
"Section 1.301(11).
OSection 3.103(3).
-.. -. Scction 3.103(6)... - - -"
„Scction 3.103(x). - - -
"Section 3.lo4. "rhe Act is only concerned with premises used for residential purpose. _
- Apparently if landlord and tenant agree that tenant will use the. dwelling for• Purposes other -
Una as a dwelling, the Ie33e will not be rovemcd by this Art. Of manse, this willcreatemuch
confusion for the result upon pamge of the Act will be to have a Lndlnrd-tcn:mt commer. _.
Bial relationship based upon pnnaplu of rwl property law and a landlord -tenant residential s -
relationship based upon principles of contort law.'Ilur same or similar lancuage in the twu 5.
lease sc lnstrurrndl Lc Lela: to 114%,c cat rcmdylillerent legal implications, - - - -
_- ,�.
o -
ANT ACI"
spring . 1973j UNIFOATi RrSIDENTIAL LANDLOAD•TEN
1115
boned use of the words "tile rental agreement may require raises file
' question whether the Commissioners are; by implication, presmbinti-what y
may be included in the rental arrccmcni and excluding or prohibiting any a 1
thing not specified in the Act. if this is not the intent, the possibility •of
such an interpretation should be clearly negated cc
D. Tcrfant Rcmedics_ {
lothc
. Noncompliance by Landlord.. IE there is a material noncompliance '
the landlord with the rental agreement or a noncompliance with the _
lord's obligation to maintain fit premises which materially -affects
lth and safety, rile tenant may deliver n written notice to the landlord
ifying the acts and omissions and constituting the default and notify
him that the rental agreement will terminate upon a date not less than
ated number of days (30 days suggested) after. receipt of the notice ifi
breach is not remedied in less time (14 days suggested). if substantially'
same acts or omissions which constituted a prior noncompliance of
ch notice was given recurs within a stated period (six months sug-
ed), the tenant may terminate the rental_ agreement on a number of ,
s (14 days suggested) written notice specifying the breach and tilt date -
ofterminationof the rental agreement.- The tenant- is, prohibited from
inating for a condition caused by his own deliberate or negligent acLY°
addition the tenant may recover damages and obtain injunctive relief
an), noncompliance by the landlord with tilt rental agreement or with ;
lardlord•s obligation to maintain fit premises. If the, landlord's non-
pliance is willful, the tenant may recover reasonable attorney's fces.L7
Invision is mnde for relief of the landlord from the consequences'
he tenants -pursuit of such remedies if the default or.the delay in the
curing -of the default is not caused by landlord, but is, in fact, caused by
circumstances or causes beyond his control, such as Act of God or other
ision which allows injunctive relief for any
force majeure causes. The prov
noncompliance by the landlord with the rental agreement or his obligation .
to maintain fit premises certainly is broader than
the,usual'circurrstances
- for which injunctive relief is available. Ic may be that the Commissioners
believe that these defaults by theiandlord arc such that no remedy at law
is surcicrit and that therefore injunctive relief must be granted. Indeed,
they have provided that the right to injunctive relief is in addictor. to other
remedies including the right to damages and the right ,to terminate the
agiecment" Accordingly, the tenant could possibly vacate the premises,
-- "if it is the intenifon of the Commissioners. in this se. to point. out z method which
gables landlord to -protect his property, perhaps they should provide "Unless Iandlord
_snivu performance by tenant, the :count must notify ....
- " Scction 4.101(3).
-Section-I.IOi(h).- ,
-- ''Section •1.lol(Q. whrthrr these remedies are equitable or even poorest is gnatiombte. _
One may argue that dime broad remedies make the landlord a btu mato' agaiuu all In elord -
m the tenant by other tensors, by Acts of God, or by the landlord,an.l ilsatthe landlord
cannot be responsible fur acts over which he has no contrul. On -the other hand, one may ask
'.••if the landlord c not ueponsible for surb injury. who should bei `."fhc tasni is ants lcd .
to pu:.rssion and to peacc.hlc oniovntant. Ile has a contract that utsures him of obm Hing _{
- - - --- - tI'm which Ire list w...:111. It is the Iandinrrl with wlinin lie hos worm,;. anis who tLc- ti �
the -consideration Loin rhe. Tenant. "l bcrefure, die argumcrs wntrnuu, it a.oul.! la,. rise _ ,_1
, 1
Y :f
- I•RO1'ERTYt 1•RODATI: AND TRUST -JOURNAL (Vol 8:10s
t
116 REAL
;-;
Sti11 obi t:liMn injuncti_v�rclicf�rc ui t�
`repair
terminate the agreement ander
ofthe as a practical.remeJy for the
The Act endorses self-help"
]tcpnirs.
tenant but acknowledges that the tenant should not control thc;operation
that there should
•
of the landlord's property. The Commissioners recognize
hmrtaliun on the types or acts which the tenant may
•
be some control of or
himself in order to ensure his peaceable cnjoym The C for. which
The Commission-
elremainsinobligatcd
perform
the landlord to reimburse the tenant.
cost Of such acts of $l00 or one-hal[ the
1
cs suggest a limitation on the
e of rc »ir b• cost rather than by
thus das.i[ying the typ• L ]
periodic rent,
wlicthcr this is a sufficient amount
other characteristics- One may; wonder
involved in Kinn( a plumber, eleetn�anr�l>tnter-
considering the costs
plartrcr,or�,it it^her peson,of It}:c tr:uning. -._-sn --
ciiiely van to It provides that
^' But clic sclf•hcI rclricdy ennt,mlyd-is•c.xt
litaanile se %Vith the rental agreement or his obligation
i! fails to comply
fit and the reasonable cost of such cdmpliance is less
to keep the premises t.
ll tile
gsted 5i,periodic t
than the sugl rights
�1
damgespusuanttohis
---. my recover -- to
amount isgrcater, the tcnan
notify the landlord
t under other sections; or he may
elan landlord
the condition at the landlord's expensetIf the Lmdlorct fails to
"after bcing.natificd
comply within z number of days (14 _days suggested)
I correct
conditions require in case Of
1
i by thetenantm writing or as promptly as
diem cause the work r be done in a,workman-
emergency, the tenant may
like manner and, after submitting to the landlord an itemized statement,
the fair and reason;-M
I
deduct from his rent' Qic actual and reasonable cost or
m,_
not cxcecding the amount spcclimi." The inter• -
1
t
able value of the work,
is not clear. Apparently the limitation is placed
cion of the Commissioners
deduct from the rent but also upon
1 - not only upon what the tenant can-
on behalf Of the landlord. This would 'appear to be r
what he can do ly ]costing allowing
would
1 Treasonable result, for landlords $500nand then
iCeor rM wn k
assuming the $100' limitation, o p maintain some
1
deducting $100, !or du landlord would justifiably pr
for.
suppose the tcnar.t miswlculaics in his
control over his property. I4owever,
se }forcgoie maisaentire
ay e$120.:
the ccompletinnost hifmds` itch a cost ostair him Doesshe
to lo
antd, after
}ie still dealuet $100? It would. p�nrat a Intenc, wouldbe
rcmcdy,or may
him 'to deduct $100. SOillc elarifteation,'p p
:
helpful.
is trot dear is whether the monetary limitation
Another point svhidt --
on tltc repair is per month, per tenancy or per; item of repair. Tile tenant
items ill the same
- -
. 1'
invoke this remedy for three different repair
want to in
r.
may he fila the tenant
�— o ant
remedies which will. help the tin
landlord who ensures that the tenant actually
nlecli for Which
1
a arms ill'
Similarly. one wondem lehether these remedies are truly
the rental artccnlcnt if lie cannot 111141 another place to lisle in Ih.
unit
lznm Ilse zdI•help remedy
- can a tenant LOncel
-lamec na at equally suiublc? It shmdd :Iso be nolcd that aside
1 _ the Act dao not permit. tenant to. with
lw
1
for rlllnor lcpairr[Iz and p Oie hlm ciui for dainag•es.
- - hold rent hnt rne.
a.
_ t -
ccuon {'.103.
- 1.101(3).._,
;
,.�4SIa'on
i
-Spring 1975] uriwoaT[ HESID<A•7rAL-LANDLORD-TrNANT ALT - - 117
..
week. ]Moreover, the restriction could work to the detriment of landlord
for it is possible that if these repairs, were accumulated and contracted for
as a package, a lotcer price could be obtained. The provision: allows dtq _ s
tenant to deduct the rcasnnable cost:or the fair and reasonable value of Elie
work. Thus, the tenant m:ty receive compensation if he docs the work him.
sclf�crtninly this-may-btirsUbjcct to�amraUuscs—
S. Essential Services Departing from traditional vic%s, the Act .pro-
vides that -if.:the landlord '-:has dclibcratel; or negligently failed to supply :
running water; hot water, heat, or any other essential service, ;the tenant
may give. written notice to the landlord specifying the breach and may
- either (a) procure those serviccs'himsclf during the period of landlord's
noncompliance and deduct their actual and reasonable cost from the rent, -
(b) recover d•tmages based upon diminution in the lair rental value c his
dwelling`unit, or (c procure r_ure reasonable substitute housing during
nthcl_Spi(iy
peod-of the IanMord snoncomp tT ancc Errtrh ch ca3E I tr is escusc? fromltq
paying rent for Lite period of the l:mdlotd's noncompliance.f2 Ia'addition�/��:t 11
the tenant may recover the actual and reasonable cost or fair and reason- t.
able value of L're substitute housing not in excess of an amount equal to -
' his periodic rent. Of course, he may also recover reasonable at �ii `•` `•
fecs.°P Once hechooses these remedies, the tenant is barred from pursuing` .r
another remedy (c.g., terminating the lease) at; the same time?! Although
the tenant is required to give written notice to the landlord before pur-
suing any such remedy,cs no brae period is set within which the landlord
must remedy before he is faced with a tenant procuring cssentialservices for -i
himself or obtaining substitute housing. Querywhether in -a. multi-tcnara.
bvilding'cach tenant must procure his own services or.a•hether one may
procure for all.
dit�ssua-Ti toe raised if the mcthod'oC -obtaining such services
interferes with, or even coincides with, the repair measures taken by ]and-
lord:Landlords arc and should be responSiblc for:thc ee,t of such repairs
which are necessary to furnish essential services and, when such services are
notfurnished the tenant, it would appear reasonable to apply some partial
-
abatement of rent. But applying the provisions of the Act to the case where I
there is a need for a major repair to an oil burner in order to supply heat,
the landlord will not only pay the, repair bill'and-receive less rent due to `
the diminution: in, the fair rental value, but also pay the'tcnantfor es
pcnscs incurred while procuring substitute heat
As an additional remedy the tenant may recover "the actual and
reasonable cost or_fair -and rensottabic value" of substitute housing66 Thus,
the landlord may be liable for the value of substitute ^ housing' although
the tenant has not incurred any actual costs. It should'be -noted that no
leniency is alforded landlord uncite the Act if he is attempting to comply
or if the conditions causing his noncompliance are not within his control
"Section 4.103(a). _...
�Satlon 4.10:(b)..... :
._ "Section 4.I0t(c),:
-"Section C104(tl). -.
'�'-77
RLAL PROPERTI', rRODATE AND - - 1
- 1 TRUST JOURNAL [VOI. 8:109
(�•6•. Act of Cod)- It may be that 'lie Commissioners, by use of the words
may recover," intend that, compensation for substitute:housing-will be z
afforded the tenant only when circumstances 1%. will oras punitive dun-
agcs, but if such is tlic int ent,.clarifying lanKuagc is:imperativc.
1'hcse remedies may have even further and
would appear that tKravcr consequences. r
he 1;tudlort1, right to detcrnrinc whether he wants to repair and invest more money or limit his invesuncnt to'tharwhich he has '
- already commitial uo longer obclins, Since his liability will continue I
throughout the period of noncompli:lrlcc he must repair in order n cud !(
tion.furiliy. 'Phis result could well lead 10 greater use of tile shell corpora- ii-
tion, Curthcr We)] . l i=
Ship with, his property a d I,*urd from a personal interest in, and relation- ;
I mk Y and-his tenants, olid stay also prompt a greater
increase in the number o[ abandoned multiunit dwellings in our major
_ cities. :---- -_ --
1. Counterclaims.- The Act allotrs the tenant to cotmterclaim for any
amount which he might recover under the rental agreement or the Acrn
any action brought by the landlord either for in
payment of rent or for rent where possession based upon non-
tilethe tenant is in Possession. In such-cases
court is empowered to require that.thc tenant pay the rent into court.cr
Thus, it is a matter of,.the ,court's discretion whether ill
able may be
able to withhold all or partial rent pursuant to any other remedy provided
by the Act and still to intain--his counterclaim. However, it is perhal>s
more reasonable to assume that once the.counterdaim is brough[, all )-sups
should be put before the court and the tenant should be required to PRY I
hs rent to the court. To further complicate matters, a subsection provides
that in an action for rent where the tenant is "not in possession," the
tenant may counterclaim but he "is not required to pay ,any; rent into '1
court.-68. The, question raised here is whether the phrase "in possession"
Means in possession Jcgally and, being entitled to possession;or whether it
means being in possession physically. IC the tenant is is onlorPossesswliion thcrlegat
nd entitled to possession, he should still bo. required to, pay his acne
hether or not he actually occupies he premises. IC he has rightfully and
egally terminated the agreement: he may not be entiticd to'possession'in
vhich case he should be required to pay rent into court only s hi still
r occupies thUrcmisc• A working dcfinition-or these words would be helpful,
✓`�Corna-)ty
e premise )anl,,.1•-"aPlrt-'nTC•prUc;T: ! r*trTilYctlt>ton'�Irtlt—b.
s are dan:agcd or destrovcd by fire or other extent that en
jo)Tnent of the dwelling unit is substantially isualty to the
the
tenant may immediately vacate the premises and notify the landlord in
writing within a specified number of days thereafter (19 days Suggested ) of
his intention t iirmiuNne the rental agreement, or, if continued Occupancy
)-.lawful, vacate that part of thebuilding or unit rendered ususable by the -
fire orcasuahy, in which cast the tenant's rent liability would be reduced
in proportion to -the diminution in value Of tile dwelling
the fair-rental:'
unit-02 Where the tenant has exercised his righcto terminate, the landlord -
^Section 9.105(1), - N
�.._��.-`^.,�-.,.tea-.. �.•---_-...'...•.�...,.-��.....�� - _ �l-:
Spring 19731
J(FS1DrNTlAL
LAl'DLOJtD-7EJN'A?4'r ACI'
119
is prevented Lroin repairing and miint2ining the te
tenant is in need Of such an extreme nancy. 1%7ictlicr the
nc remedy may be doubtful. Ccrt2inly
the rent should be abated, but itis submitted that if the landlord proceeds
to repair, the tenancy need not be terminated in order to reach an equitable
TCSUIL Compensation for substitute housing is available for loss of essential
services, and it would appear equiabl
termination 0 c 10 allow file landlord to avoid
f 'he tenancy by "bTecin
the period the tenant is Out of possess
q I 0 Pay for substitute' housing durin
ion. Consider the s
landlord, at great cost, has made substantial situation' where the
based upon continuance improvements to the pr.cmisc3
UancC of the particitlar tenancy.
tenant U'llatuful 011"fer- unlawfully removes
file from the premises, the unlawfully or wilfully diminishes essential or cxclu
the tenant, or causes inicrniption of same, the tenant cntial services to
Sion or terminate the rental agreement rn2y recover posses-
dam3gcs and attorney's fces.io and, in either case, recover punitive
E. Landlord Rc?ncdics
I. Tenant's Noncompliance. Apparently tile Commissioners have
attempted to draft the landlord's remedies
the tenant remedies provided in section so ;is to make them parallel to
on 4
each party arc of substantially diff,,c .101, but since the defaults of
nt character, mutuality
not achieved, whether or not intended. In caOf t Of rernedy is
se
noncompliance with _he tenant's material
the rental agreement or any noncompliance with
his obligation to maintain the divelling unit, -tile landlord may give notice
Specifying the 2CtS and omissions constituting the breach, and that the
rental agreement will terminate upon a date not less E
'lumber of (lays than a specified'
(30 (lays suggCSIC(l) after receipt Of the notice. II U'riless the
breach is remedied in a specified number of days (14 da
s suggested). if
substantially the same act or emission which constituted a prior noncom-
pliance Of W;lich notice Was given recurs within a stated time (6 months
suggested), the landlord may terminate UP031 a specified numberof days
(14 days suggested) written notice.?' 11 rent is unpaid when due and the
tenant fails to pay rent within a specified number of days
landlord, the landlord may terminate Bested) after '%Tittcn notice by the 1. -(14 days sug.
the rental agreement*i2 The landlord may recover damages and.ob
injunctive relief for ally nonromplianct: by the tenant with -ain
agreement or the tenant's obligation to maintain the the rental
e d
if his noncompliance is willful, the Unit. and
landlord may recover reasonable
attorney's fees.7i Pursuit Of one such remedy does not Cxclude pursuit of
anollier. For example,
the landlord may site for Unpaid rent and possession
';It the same time he terminates the agreement 74 In order. to te
rental agreement for unpaid rent, even if t' ' telthe
here is a recurring default.
the landlord must give a number of days (14 -days suggested) notice of
`j;,�Xlon 4.107.
"�Cction 4.^_010).
-�ccllorl _01(b).
kcdoa4.201(c).
"See Comment, p/201. Fourth "'orking Draft (July. 197-1).
- - 120- REAL. PROPERTY, PRO➢A1•E AND ]RUST JOURT'AL:" [Vol. 8:10.1 -
nonpayment to the tenant during which" time tenant may pay and avoid
termination. i'his results in the tenant's right to an enforceable grace periud.
_
The eonsequctice maybe a continuing lag (equal tolic period specified in
'
the statute) in the payment of rent. It seems appropriate to provide for
A ;..
-- the Jandlnrd's riohr to collect a service or late charge in tliese instances:
If the landlord demands by written notice that the tenant remedy his
j
specified noncompliancewith the obligation to maintairi the dwelling
unit as promptly as conditions require in the case of emergency or within
;.
a specified number of days (14 day's suggested) and, lie fails to do so,
the landlord may then enter the dwelling unit, cause the work to he done
in a workmanlike manner, and submit an itemized bill for the actual and
- reasonable cost or Ilse fair and reasonable value thereof . as :.rent on the -- -- -
---; - '
next slate when the periodic rent is duc.7& The landlord's right to perform
work himself and bill the tenant for the fair and reasonable value. thereof
I
is as susceptible to abuses as the similar right in the tenant?a Note, how-
ever, that there is no limitation on the value of such wort: performed by
_ the. landlord,' because he is preserving his own property,, rather - than
= `
exercising - control- over the repair -and maintenance of someone 'else's -
- - -r
property as the tenant is doing in exercising his self-help_ remedy.77 It
should also be noted that in the event of a recurring breach. the landlord
may elect at the tittle of each breach which remedy lie Will pursue. For
'=
example, the landlord may elect to demand that the tenant_ either ,repair
or pay for clic repairs in a number of cases, and, -upon a later breach, he
may demand that the tenant either repair or face termination of the rental
agrccment.98
2. Abandonnicni. If the rental agreement requires the tenant to
1`
give notice to the landlord of an anticipated extended`absence:fn excess
of a specified number of (lays (7 days suggested) 'as required in Section,
3.104" and the tenant willfully fails to do so, the landlord may recover
actual damages from the tenantJP_ But section 3.104 merely provides thatt
1
the rental agreement "may" require that the tenant notify the landlord of
any anticipated extended absence. It is not clear whether such provision
-is meant to be mandatory. Use of die phrase "as provided in Section 3.10.1"
may be preferable. The Commissioners further confuse this area by,specirl,
tally -permitting the landlord in such cases to recover actual damages from
the tenant. It would appear that such language Would be unnecessary, for
any breach of the `rctaal agreement should give rise to the j right of the
='
: aggrieved party to recc:er actual damages suffered.
_
Section 4203(b) allows the landlord to enter the dwelling unit at
times reasonably- necessaryduring an 'absence of'a tenant' in excess of
specified number of rays (7 days suggested). Section .4203(c) requires the
-
}
landlord, in the event (.f abandotmrcnt by'.thc tenant to make reasonable
efforts to rent the premises at a fair rentni: If he then rents the premises
. ..Section 4202. _ '. `'.• -. .. ` .--:-
_ ': ':
- "See text supra at note 61.
- 75ce Section4.103. _ ._. ._:. .. •.,
r.;:
"See Comment;.41_"62, Fourth Working Draft (J uly, 1972).
'Scction 4203(2).
spring 1973]urtuoaat nrstm:x-11AL t,Anor,onD•-rcraAx,r AC 1— 121
for a terns bcginuing before the expiration of the rental agreement, it is
dccincd to have terminated as of the date of Elie new teriiuuy, it; is not
dear in such case whether the tenant rctilains liable for the difference in -- 1
rent for the original term, if the new rental is less than that provided in
his rental `agrccmcnt. The failure to use rcasona)ilc c(forts to nbmin a y
tcnant at the fair rental will result inthelandlord-being deemed to have
accepted the tenant'ssurrender as of the date of the abandonment." • r:`
S. Waiver. Acceptance of the rent with knowledge of a t1daUlt by,-the 1
tenant or acceptance of performance by the tenant which varies fromthe
tcr..ns of,, the rental, agreement or rules and regulations subsetlucntly
adopted by the landlord constitutes a waiver of his right to tcrminatc: the
rental agreement for that -particular breach unless otherwise agrecd-after _
the breach has occurred Bt But questions arc raised as to why the landlord l
should not be able to accept rent if the tc9anr is in the Process of curing
I default or if lie accepts rent and gives notice to the tenant of an existing
default with a time limitation within which the tenant must cure that new
default. Certainly the language here is susceptible of many interpretations,
and clarification is __—Icd: Permitting the landlord to accept rent after a
- brcach only with the tenant's consent that such is nota waiver of, the. land- - -
lord's rights would appear to place unnecessary Power in the hands;of a
defaulting tenant. Perhaps in order to avoid abuses by the landlord, it
should be provided that he mav_acceprrcnt from _a deNt (ting tenant xvith a -
rescrvation of rights so long as that reservation of lights is contutunicated
by written notice to the tenant before the landlord accepts; the rent."4
4. Liens. The Act abolishes the landlord's remedy of distraint for
5. Remedies After Termination. If the rental agreement, is termin•
ated, the landlord may have a claim for: possession and; for rent, and n
separate claim for actual damngcs for breach of rcnial agreement and for
reasonable attorneys fccs."t
6. ?osscssfon. The landlord is prohibited from recovering or taking
pos.ession of the .unit by any action, including tvillful diminution of
services to the •tcnant by interrupting essential services, except in the case
of abandonment, surrender, or as permitted specifically under the Act ."
It .vovld stem that even a defaulting tcnantwho fails togivc possession
after notice of termination of the rental agrccmcnt is entitled to essential
services and continued possession until actual court. enforcement of an -
order to evict. Here again we are faced with the failure to provicic swift
and equitable relief pursuant to proper administration of justice. Perhaps
__•_ _._._ "$tenor, 42,4.
s'8vt sec Comment 94.201, Approved Draft (January, 1971) where the intention is ex•
- - ppreyed that acceptance of rent while there exists a breach of a continuing Atny. will not herr
- I•ndlord's rcrnaly for a later breach. ANo,. it is stated that acceptance of unpaid rent paid
- -after expiration of a termination notice does. nDc tnnstitute"a waiver, of the Ienttutaunn, -
-. If such continues to be the intention of the Commissioners, revision of §4205 wool appe+r
necceary. _ -
u5caion 4205. -
_.." Section?206.-
-Section 4207:
122 -- :RFAL 1•ROMILTY, TRODATE AND -RUST JOURNAL [Vol.- 6:1O.1• • `
•.. f
— some of the frustrations caused by this failure to provide a procedural
device for promptreliefcan be avoided -i( the landlord', were allowed to
recover possession anti diminish or cease services after judgment awarding
possession to the landlord.
F. MiscellanCOUs Tenant and Landlord Actions
1. Holdover Tenancies. Definite limitations on •the amount of notice -
required for the termination of a tcnancy arc prescribed. Itis suggested
that 10 days be given in cases of a week-ttrweck tcnanry,' and that 60 days
be given in a month<to•month or longer tenancy.s� Jf a tcnant remains in -
_
possession is a holdover tenant, _the -landlord is entitled to bring an action
for possession, and if the tenant's holdover is willful and not in good faith,
the landlord may recover -punitive damages dL'If the landlord consents to
the tenant's continued occupancy, a new tenancy would be created and
section 1.901(d) would apply to determine the term of thattcnancy. '
jl
2. Abuse of Access. 1( the tenant refuses to allow lawful access, the
landlord may obtain injunctiverelief to compel, access or terminate the
rental agreement ^s The landlord should not be forced to Choose One alter•
1
native remedy to the exclusion of the other. Certainly protection of the
Iandlord's property could be sufficient reason for -him to:compel access,
j
and it ma be that t w batcver has occurred by reason of a' tenant's acts or
' omissions might°also justify termination of the rental agreement.
The tenant may pr6entrc6urrencc of the landlord's, unlawful entry
or lawful entry in an unreasonable manner or rcpcatccl demands for. entry
' o:hcrwisc_lawful butwhichhave the effect of unreasonably, harassing the
--tenant b)G.injunctis•c_rclicLor-11C rLtay,4termin. . the t2rUALaagLe mcn, a'
' "�-3. Retaliatory Action•` This Article Of the Act provides a new twist -
to the prohibition against retaliatory eviction, usually encountered °s' The
landlord may not retaliate:by,increasing rent or decreasing services, or by
bringing or, threatening to bring an action for,possession after the tenant
has complained to a'govenliment agency concerning' enforcement -of build-
I
s� or housing codes,'_or cont ssi3tncii to tTic ia`tTdlo d o?: a vto7anon of
.M. 'i-.._.—_�__
-)•---------7o`r
any o[ his obligaunns rcgar_dingctiabitabihty, or or anizcc) oiTcrnme a
i
,nc`m__ ofntalntnn.uFsnntlar ohginuzaciot " ' qlt Once t lat a tcnant
has taken such action"within one year prior to the alleged act oC retaliation
'
- creates a presllmp:=7n that the landlord's cond wet Was, indeed in retaliation.
Thus the landlord will carry the burden p( proof to show with the fircpon-
_
d_ craucr o'%tJic �vius 4[e"llt it 1ii3 s1tIL Fnrnrn{L ili[li�or to icrinumic tate
t�enn�yrs.justificd�yaeatons outer titan those which svould�e catcgo zc�l
as rctaliatoty.D= However, the )andlerd may bang itrii,-:ot-possessftat—
- --:'°Section4301(:),(6)..
— — —
^Scction !301( c). - -
'."Section
_ .. 4302(2). - -_
-
"Scaian 4.Sm(b). Unlike the "se -of the landlord• here it is perfectly' reasonable to list
• the two remedies in the allcmative, for if tenant elects to terminate he must surrender-
. possezion.
19G9 Uivs of Maryland. ch. 223. Sre generally Mcilhancv, Retaliatory -Evi[-
.�
• tfo !I.ardluias—Ter,�nts-card Late lieform,29 \tn. L_ Rev. 193.(1959).
- ^Section lraol(a).-
' - 'Sectlon
t
- .Spring-197$j--a\nrOAS[-Il1Sll>rl4i7At-LANDLORr,--7TNANi AC[' 129 -__- - -
trhen the violation of the applicable building or housing code was caused_
primarily by some act or omission of the tenant, or when the tenant is ,
: actually in default in rent or when compliance with the 2pplicablc build
"ing or housing code requires -some alteration or demolition which would.
clfcctivdy deprive the tcnantof use of the "dwelling unit "a The' language ,
of this last provision raises questions because it docs not explicitly state
that the dcfensc of retaliation is not -a good defense iti these cues, but
merely says char notwithstanding the prohibition` against retaliatory action,
Elie landlord may bring an action for possession in these enumerated case .
----IIL- CONCLUSION AND f -
� RECOMA.LND/sTION -
The field oC landlord -tenant ]aw is one that hu undergone much
reform and r}1a»ge in the past !ew years. The recent trend has been to
embrace many principles of tile law of contracts and depart from,been.to
lion of some of the principles of the law of real property, The Commis
Resideners on Uniform State laws- have in this proposed drat[' of a;.Unifotm
Residential Landlord anti Tenant Act attempted to legislate those principles
which should be, the guidelines for today's landlurd-tenant-relationship,"t
It is quite appropriate lllat ntnlicrous gttcstious ivi11 evolve from: these
atrctnpts to dol,.0 t 'Tor only from cxiating rules and statutory constructions
but indeed fano the very -basic common law principles which until now 1
have governed this Jrca of the Iaty
[cent-roar , dedsions have extended Elle obli au�orts o'E7—'T
the right of tenants. h },ould a g andTJ ds an
prefer not to see a uniform code -at that
Their m2s ningrest sis tha'Oult ;t
additional reforms: ivill be achieved by court decisions, and' that such
I
Mould be far more extensive than those proposed to be included
I
in this Act. They fear that this Act, if endorsed ` by the American Bar
Assoonuon: would exist as a sec of standards and guidelines for judges
involved to these decisions, even if the Act were not pissed by the specific
jurisdictions. The result would be that the standards themselves would be
relied upon by judges searching fo: appropriate: guidelines.'. These stand.
ards would therefore become the limit beyond which pp sag ested reform
would be condemn: c as unreasonablcUff nOE radical 9,n On cite oilier
'hand,
Flt
lord rcprescntatives hac'eTc�i[[hat any propos Ds whir are contrary. 1
blisied traditional real property lawny
are not only against' their
rest but also will hamper the financing'of additional:multi-unit hous-
t ututi,,dtip scale-
` e:rtnusior- rs ave fficnas on n`aLt crsld'c,
bl.[ (ricin t i[uueintenuons andcllort--arc toan
_beiionorcd; ic'spectedd `1
-._
cn nuragcd:'Hovtcvcr, it is submitted that to have drafted _four entire
revisions of the Act within siz months"a indicates an extremely intensive
-_- "]a _tcping with this Trend, the Commissioners; very cicarlyin their consideration -o[
nice ;ohlems, made the dctcnnimtion. that a lease and the L• ndlord•tcnan[ rGuion:hip
slsoultPhe viewed as cnntrarnul in nature. See Levi, op: cit. suLrdnore @: -- -.,
"See Afoskovits. Tile Slndel l�ndlmd•' _ - -` -
---tretlA i.ttrvsx 591 (1971); Gibbons. Residential nt o urd-- ,:, Unacceptable Compromise, y
prohlerm with Reference to the Proposed Arodel Corte, 21 HreSrurs y • S"wry of l.:adern
'Secnote4supra. J:S69,415•415(19io). -
• —DC7);— •
-- Sprint, UNIFORM RrS1nLNTtAL IaNOLOttt>-'rLNANT ACr .:i?3
UNIFORM T�S�LNTIAL LANDLORD AND
TENANT ACh"
ARTICLE I
GENERAL PROVISIONS AND DEFINITIONS
PART I:. or Titr. AM:
$II00.T-IlTrs, CoNstitucriov ATPLIGTION,AND $V OJF.Cr 1fATfL6 be Ci[ed-a5 the
'-ScertoN -1.101- Sgort Title. This Act shall be known and may
.-Uniform Residential Landlord and CcnanE cL
ostttrsrc- --- " •'
ro rental .greements
this Aa concerns landlord-tenant relationships under.rental agreements for
residential Purposes(Section1201 I'theAct docs not posapply
- made for commercial, industrial- agricultural or any putpox other than res:dencial.
lied to -aaom is under-
This1.102 purposes; Rules co construe and a
This Act shall be liberally construed and app P• -_.
lying purposes and politics. -. -
_. (b)'"Underlying purposes and politics o[ this Act arc
Underlying
il) to simplify. clarify, modetnize, and revise the law governing the rent of dwelling ❑nits and the rights and obligations of landlords and
rquaoi'l
l to encourage landlords and tenants o maintain and improve s
o[ honsin�' ", thelaw with respca to esuIectof sk s Act
� thox slates which enact
�lish common law developed within
t J Existing landlord•tcnant law in
tile States, save as modified by statute
" w•hen-�doctrines'o[ promissory
contract were
it n or judicial-interprctalion, is a)Sroduct of Ene
ljt an agricultural society at ;a time p ennall rindependenr. These
/ tiJ a nragrl ves,• Thus, the landlOrd•tcnanc relationship seas vi Y cd is indepenvc!ndent nm o[
rJeaselhold estate and the covenants Of the attics g•
'doctrines are. inappropriate to Moder tar an whichthe.law must pros cLsive of the
/ vital interests of the parties and the p. _ Tof its under-
his Act recogmicthas e a deern pendenenry to treat performance OE cerain
_ obligations o[. the. Parties
Libcml construction
o[ this Act and its xp lopm on for promn_ constsvc on
lying pu:poscs and politics will permit` devclopsncnt "Catby the tours in fight o£.
�� r tLczuon be J'Rited tc its zcaso i� i
hinlo cxcn andncw cizctnnstanccs and practices- Hosocser proper
• Zav+1 Applicable. Unless-displaced -`
of the Act requitcs tha`�ri;°�" rct.t�3n,-id=•PI _
n'a -T i6`stpplemenmry principles o/ pp and agent, real
+;by�the ptc;.. ns Of this Act, Ole principles of law and equity; including tike law .
- telatingrro"o GsP?city..to contract, mutuality. of ohligali0ns, principal
ProPcrq Public hralth, safety and fire p`evenorother vat dating ornsinvn. ilislat ng.:
- - - tion,-duress, coercion..mistake. barkrvl cY•
outs supplement fts provisions
s6�+'SCpStrtiXt
I1tis_supple-
Section, adapted frlt�n section biliy tollandlordtenancsrelzionm fol �Ca his L
indicates she conunucd-app.• _as they-are-.ehtplfet .displaced by
mental bcdies o[ law esccpt m so far,
The fisting given in this Section is merely illustrative; no fisting could be eta haut
give.
Association
at its Dlid•Year meeting in Cleveland in February.
'• -
*Fd. Not The Commhsioncn withdrew their rcyuu[ for asproval of thu Draft by
_ the Amerian Bar Ass«
N.,
`- ' �•; ,�+-+;:ter•-= --
t
126 –
ItFaL PROFERTY, PRODATL AND TRUST JOURNAL (Vol. 5:10.1
!
SEertov 1.104 Construction Against Impricif Repeal, This Act being a gen-
eral :.[['intended a:a unified coverage
o[ its subject matter, no part of. it is to be .
construed as impliedly repealed by subsequent legislation i[ chat cmuwction
III
reasonably be avoided. -.. can
-
,-
COMMENT
This Section indicates the policy that no Ace which bears evidence Of carefully
considered-
should il
be
ded as dly
repealedby by 1tS slauon.rThis�Act,
airefun y inlc;+ntedrand intended as
a uniform Codifiction'of permanent charicter coverng. ari .entire "field"- of law,
- is to be regarded as
particularly resistant to implied repeal. "- -
-
_- SEenON 1.105 Administration of. Remedies; Ell forcement.`
(a)The
remedies provided by this Act shall; be $o administered that an
' - zggricvcd piny may recover appropriate damages. The aggrieved party has a duty
to mitigate damages,_ -
-
- -
- - (b) Any right or obligation declared by this Act is enforceable by action-.
unless the provision declaring it specifics a different and limited effect
_
- -�
1
- CoafsrENr
Subsection (a) is intended to negate: undidy narrow or technical inierpreta•
tion of remedial provisions and- to make clear that damages.
- I
.,.I
must be minimized.
The use of the words "aggrieved party" is intended to indicate that in appropriate
circumstances rights anriremedies m.ty extend to -dried_ pawns; under this Act or
supplementary principles of )a may
Article I-V, Parts
I and ti)-
• Under. Subsection (b) any right or obliSation described in this Act is enforce-
- able by court action, even though no remedy
--�
may be expressly providcd, unless a
- -Particular provision- specifics -a different and limited: ellect. Whether.:
-
tort action,
specific performance or equitable relief is available isdeterminednot by this Sec.
tion but by specific provisions and supplementary
-
principles (see_. Section
r - - SecnOV 1.106 -'Settlement of Disputed Claim or Righf. -A claim`or right
arising under this Act or on a re
- agreement, it disputed in good faith, may, be -
-
-
settled by agrecmeagreement.ntal
-.- ..
-
,, COMTVM
' This Section applies to settlements Of Claims asserted by cidrer landlord, or _
tcnanL Subsequeut sections of this Act forbid -of
i
_ (a)the from prior waiver
rights (Section 1.903?. and (b) subject the bargain of the
parties to the test of
' cnnscionability (Section 1.303)...
PAATIJ
SCOPE AND JUr1SD1CnoN
! 1
Secnov 1.201 •-:rri/oral Application- 71T14 Act applies to, regulates, ands
determines rights obl;;ations-and remedies under a rental agreement,
'
t
wherever
- made, for a dwelling. unit IDcatad within this state.
SEcnoN 1,202"Exchmions from Application of Act- Unless -created to avoid
_ theapplicationof this Act, the following arrangements
`
ACE:— are I1. Otgoverned by this
-_ (1)Resident:at an institution, public orprivate. if incidental to deten-
' - _ ttioa.or the. provision of medical,
1
geriatric, educational, counselin.,
g e religious,
- � -
orsimilar Service.
(2).- Occupancy under a -contract of sale of a dwelling unit or the
'
prop.
erty of which it is a part, if the occupant is the purchaser.or. a, person wli::
--t
succeeds to his interest. ... - - _
- - - (3) Occupancy by a member ofa-fraternal or social organization' in the
- — -. portion of a structure operated for the benefit of the oq;aninttion.
•
_-CONst11JT
' - A fraternal or social organisation is deemed l0 1110"cover the.-']Ihfctie dub;'
A
-
Spring 1973] UNIFORM P-GSIDLIMAL LANDLORD-T11NANT ACT s
- ` 127
- O)- Transient Occupancy in a hotel, or motel (or ltxlgings [subject [o
cite state transient Indgings or
-
romp ocrupand• excise tax art -
�_ (5) Occupancy, by.an employee of.a landlord. whose right to occupancy
is conditional upon
-the;
employment inand:about premises.
(8) Occupancy by an owner
of a eondominiunn unit or a holder of a
-- - ...proprietary lease in a cooperative. 'c -u -
- ,
' Orimarnty under re Mal
- agreement covering premises uscd_ bj the
a
occupant primarily (or.agricultural purposes. --
- This Aa regulates landlord
-tenant relations in residential Properties. It is not
intended to apply wheYe residence is incidental anotheia.
as - operatdcnce-in.a prison -to primary purpose Such
,-:a':hospital -or nursing home, a dormitory Owned and
operated by.:'college Or school,
or residence by a 1.+ndlord's employeesucb as a
_ custodian, janitor, hruard or caretakcr rendering
service in or about'. the dcmi:cd
' premises. -This -Act is -intended to. apply to government -or public acting
- as landlords :(Section 1.301 (8)), - :
.I-
�-
__ _
This Act applies to o apply to occupancy by a purchaser-undtr a contact of sale
This Act applies to occupancy by the holder
of an option to Purchase, as distin- -
_ guuhcd from a'coutact'oLsalc. -
This Act applies to roomers and boarders but is not intended to apply to
transie[tt Occupancy. In ; many jurisdictions
t
n
transient hotel: operations arc, subject
-to special taxes and're{,nda[ions-and. where aaa
authority constitute vilble, determinations under
appropriate criteria, --- - such
- -.-: Allpf the exclusions ammeratedapply only to genuine.'bona fide arrange_
mentsnot created to avoid
the application of the Act and are subject to the test
of good ,with (sec Section 1.302).
- .[SEcrioN-1.205 Jurisdiction and Scrvice of procesr,
-(a) The (_:.:.
;) court Of this State may exercise jurisdiction over any
landlord with respect to any conduct in this by
respect governed. this Act or with
respccE to.any danm arising from': transaction -subject to this ACL In addition to
• any other .-method provided by
role or by statute,.pctsonal.,�urisdiction:.over-a
landlord maybe acquiredinaction orl- proceedinRinsututcdin
' by the service of
-thecourt
proccss_in the manncr provided by this Scttion.
- --(b) -I(a-landlord is not aresident
of this state or is a'cornoration not author.
_. _ iced to do business in this state and a•ngagcs in -any conduct'iri this bta:e Sovrrned -
-by..this Act.
l-
_or.cngagcs iqa-transamon subject ,to this Act,.hc tnay dcsigover ed
- - agent upon whom service
of process may
a resident stetc-orbe acne ill this state. :Tt,ea,;ent shall be
- .a-.corporation.authorized to do busincss in this state.
The designation be in
shall writing and filed with the- (Sccrctary; of State). .If no
designation is made and filed or if process cannot be scn•ed
-designated
- in this state,upon the
agent.. process may be scn-cd upon the [Secretary Of State], but sen•ice
uooninim is not effective
'
unless the plaintiff or -petitioner forthwith mails: copy
o? the process and pleading by registered or certified mail -to`the defendant
resppondent
or
at.his last reasonably. ascertainable. address, -An affidavit ofcompliancets'ith this section shall be filed
with thedcrko( the court'on or before the return
-'day of the process, if any, or within anyfurther, time the court
-
allows,)
Commrxr
_.. - This Sections bestows jurisdiction on the courts of thecnacting state over
landlords who violate the .let and provides a over
method of obtaining personal jt
diction by. service' of process.' The brackets indicate that: -then Section may:; be
omitted by thosestates which already have "'long -anti •
statutes. The right_s_.under -
.this Section arc additional to tho:,c provided in Scction'2.10210( this -Act.
- 'JThe words "Secretary of State" 2.10 o
arc bracketed .:iron in jurisdictions some - _
other Dublie'pfficial may be designated law as empowered
i`
_by to receive sen•ice.
-This Section as drawn docs not provide for -substitute service
in
and.jurisdic.ion,_
an action brought ag,ilut a, tenant. In the "view of the: Com. issiones authori•
lationfor -procedure,
appropriate.
applyin ors, cmed should be made by.gcnml l gLs
-- 'Iation applying to all debtors, naturally including tenants.
-
123 REAL rrorrxTY, rrornre AND TRUST JOURNnt (Vol. 8:104
`
PART Ill
GENERAL DEriNIT10NS AND PRINm PIXS OF INTERrRETATION: NOTIeS
_ SECnOS 1.301 General Dcfn;rioar.'. Subject to additional definitions con.
' in snbsequentArtitics of this Act which apply to specific ,Xrtides or farts ,
$)
rained
thereof, and unless the context otherwise -.requires, ..its this Act.; _=
--
!
----(I).: "Action'_includes:recoupment.'cnunterdaim, setoff, Suit in equity.�
`p
and any other_ proceeding in which rights are determined, :including an
. Action for possc".sion. -
(2) "Ituildnr and houking codes' include any law, ordinance, or gov
-`
i crnmcntal regulation concerning fiU1e5S for habitation, or the construction,
or appearance of any. premises or.
maintenance, operation, occupancy, use,
dwelling unit. -
-f COTtMENT
f - T- 'cal of such "building, and housing codes': arc housing,. building, sanita• -
-electrical, fits, -safety and- security -ordinances and
t. tion, plumbing. prct•cution,
regulations. It intended to include all -.such codes whetherenacted or prunml-
i - - - - gated under federal, state or local authority. - - -:
-
- l
"Dwelling unit' means a structure or clic part of a structure that is
i used as a home, residence, or sleeping place by one person who maintains a
` household or by 2 or more persons wito - maintain -a common household. -
- '-'(4) "Good faith" means honesty in fact . in the conduct of the trans- _.
i action concerned
means the owner, lcssor, or sublessor of the divelling.
'.
_'2audlord"
i unit or tie building of which is is a part, and it also means a manager of,
-
i
f - the prem'tes w•ho failS•CO disclose is required by Section 2.102. `
_- , j
r
! - - (6) "Organization" includes a cnrlioration, government, governmental
f -- - subdivision or agency, business trust, estate, trust. partnership..or association,
-,
t 2.or more person-, having a joint or common `interest, and any other legal -
_ or commercial entity.- -
(7) means one or more persons,jointly or severally; in whom
'
-,"Owner"
is vested (i) all o: part of the legal. title to, property or (ii). all or part of --
_
- - - "- - --the.- beneficial ownership and right to present use and -enjoyment of the
-possession.
• •- premises. The term indudcs a mortgagee in
CostMrxr
in the case of, an active: trust where 211 the duties and powers of
iAccordiur:y,
management inure to the trustee and the rights ofthe beneficiary are limited to
-estale.and.the
1 beneficiary has no right to the
- the receipt of income from the tnist
--.
.•".
_f-
-:present use and enjoyment of die property, the trustee would: be considered an
owner; but the bencfiaary would DOL In -the case of the so -called --'naked tide"
1.. _
-trust cncouulered in some jurisdictions where the:tnutee holds legal Lite but all .-
(° - - - powers of management ane d direction ire vested in the beneficiary, tbe-.trustee. as
"- - - the holder of legal -tie, would:be: considered an owner; the beneficiary, since: he
- - - - has a right underthe trust agreement to: present, use. and enjoyment of the prop-
er: te same result would be mashed if the
an own'li
erty, would also L•c r.: nsidcrcd
trust were revocable at the direction of: the beneficiary. ]it the case of pro scrly
be
- '-: held in the name of a nominee or. straw'tne beneficial owner. would considered _
-
(6) 'Terson" includes an individual or, organization.
E
(9) "Premi,ei' means a dwelling unit and the structure of which it is a
:
_
- pare and facilities and appurtenances therein and grounds, areas, and facili-
ties heldoutfor the use -.of tenants generally: or whose .use is promiscd,'iu
_
._+.
l:
i
the tenant
p
.. COMKENr
s
_. .. ..
Agricultural leases arc excluded frmn operation of the Act (Section 1.202(7)).
-
;
r
-Inclusion of -grounds, areas and facilities held out for the use of tenants" Docs tion
t
alter tse exclusion.
V
i
f
- _Spring 19751 u.mFOrtm rEsiDENTIAL`.LANDLORD-TENANT ACT 129.-.
J ^Rene" means all payments to be made to the landlord under the
rentall agrccrnent.
(l l) "Rental agrcenhnnt" means all agreements. rcritren ororal, and -
valid rules and regulations adopted-uudcr Scetion�102 embodying die terms
and .conditions concerning the use and occupancy Of a dwelling unit and
- premises. -
Cos!MFXr `- Y
"Rental agreement" *ill thus include the original agreement bet.•cen land-
lord and tenant as well as. any modification and all valid -rules and regulations
concerning use and occupancy asprovidedin Section 5.102.- - --
(12) "Roomer" means a person -occupying a dwellingIunit that doe's not
include a toilet and either a bath tub or a shower and a refrigerator, stovr.
and kitchen sink, all provided by the landlord, and white one or more of
- _ these facilities. are used in common by occupants inure structure. ;
This Act provides lesser rights to a roomer as distinguished from the tenant
of a dwelling unit. The dcunition requires certain facilities to be provided by the
- - landlord. This requirement is not mcrby provision of the same by, the tcrnnL-
_ -
(13) "Single family-residence"--means�a'structure maintained and used
as a single dwelling unit. -Notwithstanding .that 'a -'.dwelling. unit shares -one
or more walls with another dwelling unit; it is a single; family. residence if it -.
_lhas direct access to a street or thoroughfare and shares neitur heating-facili•
-_-tics, hot water equipment, nor any other essential facility or service with, any -
other dwelling unit '
- -- (14) ''-I•cnanr' means a person entitled undrr a rental agreement to
occupy a dwelling unit to the exclusion of others.
SEcnov 1.302._. Obligation_ o/ Good faith- Every duty under this Act and-
-ever), eveact which must be performed as a condition precedent to; the cxCrthse of a
right or remedy under this Act imposes an obligation of good faith in its per-
formance or enforcement.
CoiantEnT
Section 1.502 is adapted from Section 1-203 of the Uniform Commercial Code.
As the commentators :here said, -'-I•his Section sets forth a basic principle running throughout'this Act. The principle involved is that -in -commercial :ransactiorls
.. goodfaithis required in the performance and enforcement of all agreements -or _
_.. duties." The commentators. there drew attention to particular applications of this '
-- general principle. The intention is that the -rule be identical in landlord•tcuant `.
relationships and, similarly,, particular applications. of this gcneral�prineiplc appear
in specific provisions of this Act such as -exclusions,. (Section 1.202) retaliatory.
evictionaswell as complaints _made to public authorities (Section 5.101). and 1
obligation of the landlord to repair (Section 2.104):.'
SEanoN.I.SOS_. Unconscionability. `
(a) If the court, as a muter of law, finds _ -
(1) a rental ;agreement '-or any provision thereof wad uneouscionable
when made, the court may refuse to enforce the.- agreement, -enforce the. _.i ..:,
`remainder ofthewithout-the-unconscionable provision,. or limit
the application of any unconscionable provision to avoid an unconscionable
result; or
• • ----(2) a settlement. in.v)hich a party waives or agrees to forego a claim or h
right under this Act or under a rental agt•emeut was unconscionablewhen
made, the court may refuse to enforce the settlement, enforce the remainder 7
of the settlement without the unconscionable provision, or limit the applica-
- -tion of any unconscionable provision to avoid anunconscionableresult. - -
(b) -If unconscionability is put into -issue _by.a partyar. by rise court upon its _
own motion the parties shall be alrordcd a reasonable opportunity : to present
rXAL ritoPERTv, ruont.TE AND TRUST JOURNAL (Vol. 8:103
!
130
o[ the rental agreement or cttic-
et•idcnre as to the Belting, purpose, and Cf[eet
to aid the court in in aktng the determinatiun.
i
- mint
CostptiNT
Thif-Section, adapted from tile. Uniform CnmmcmW Code and the Chn-
• the Courts to police explicit-
sumer Credit Code, is intended t0 make it possiblcror
or ps •
(:
vinusk Yhklt ttltcy bnihto be agreements,
Thissetf(S• ct on srintcnd <1: to(allow Clic couC12im
unconscinnahility and to make -a conclusion of lase
;:-
- t0 pasrditrtdy,on :tile issue of
-The basic test is w•hcdter, to light of tite background any
the renal agree•
to to unconscionability.
seting of tile markns of the particulm'.particsao
eL thdconthlio
- - - waiver o[ right or claim are so one-sided as to be unconscion.:_-:
agreement
J.
.
meat, settlement or
under the circuuulanccs existing at the tinieof the mak;ng of tile
in each case arc of utmost-`
ab settlement. Thus, the particular facts involved_
able
exist. in
[circumstaances. avail ions but �themselvc in others. t
.
-- Hithetan r landlords or tenantstoin�appropriate
Of this Section.
o - '
- SEcn,1 1.904 Notice -..1
o
has notice of a fact if
(a) person
1) It It actual knowledge, of it,
or, notificatio1)n
heChas received a notice nor
known
�2)from. all the facts and circumstances to him at the time in
9)-
-- - question lie has reason [o - know that it exists.
knowledge" of a face i[ he has actual knowledge
_• ,.
- - - A person "knows' or "has
of iL -
-.-- ---- (b);;A Person "notifies" or "gives' a notice o[ notification to another perwn`
inform -the other. in ordinary course,
-
- by taking steps reasonably. calculated to
allycomes to know of it. Aj
whether: or not the other. aztu-person-"rtcclves' a
notice or notification when
(1): it comes to his attention, or
of the landlord. it is delivered at the place of business-
at any
-
(2) in the ease
- the landlord through which the rental--.agrecmenr_was_madetio
he cOm"u'"ca
iienant
_ of or
"place(held ut by him
it isfor rdelivered t of in hand to tile
in the Of thclitcPantc
mail to him a the place held out him
e of such
mailed by registered or ccrtified Of
for receipt of communication. or in , the absent:
"
as the place ,tile:.
' —designation, tohis last knownplate oG:residence.
notiricstion received by pre or[;anin•
(e),-' Nolice." knowledge or a notice or
for a particular transaction: [rum dtt time it is brought to the
- -- in any event from the _
I
tion us.-cRcctivc
attention of the individual conducting that transaztinn. and
- -- brought to his attention if the organization h d exec
time it Would have been
cised reasonable diligence.
COMMENT
-- This from Section 1.204(25) o[ the Uniform Commcrdal
Section is adapted ith and is, of course, apphc- •'
the obligation of good fa
.i
!.
Code. Section 1.902 i reposes
able to this Section.
PART IV
• - _ - - - GENERAL PROVISIONS -
_ _._`•i
t.
- Terms rend conditions 01 Ren(al Agreement t terms and
oN 1.4 1
SEenoN 1.401 include in a rental__ agreemen
and a tenant may term
(a)- this Ace or other rule of 121.1, including ren[,
by obligations of the
!
conditions not prohibited
of the agreement, and other provisions governing -the rights and
of agrcemenq the tenant shall pay as rent llse [air rental value
parties
,. (b) In absence
for the use and occupancy of dtc dwelling unit. .
demand or notice at thetime and place a^: ced
(e) .Rent is payable. without
_ ISI
SprinS 1975) Urvtt--onu t:csmt.NTIAt LANI)uorn-n:x'P.xr Acr
a on by the pa,tics. Unless otherwise agreed, rent is Payxblc at the dwelling unit ,
andperiodic rent is-pa)'able at the bcginging Of any term of one Moselle or Icu
and:.odsenvisa in egt.al monthly' installments at the beginning-'�( each month.
Unless crWi$cisi agreed, ren[ is uniformly -apportionable from day -today.
(d) Unless the rental atpccmcnrfixcx a definite term, the tenancyis.:eek-to-
week in case Of a roomer who pays weekly reni, and in all other cases month -to-_
rnondt.
Cof.tslrxr
In absence o[ an agreement for a definite term of lease, the tenant Isar a teor
rm
tOf m nlh.t ndon roomer without ho gampayrent for intcrt'alsI to tile paymcnE,Of stth than v.•eck- zexceky has
- .rmonth
•to -month term. As to termination o[ such tenancies, see Section 4.501{a)
and 4,;61(b) ft -
Srenoa 1.402 '7ect of Unsigned or Undeliveredt.
Rental Agreemen::.
__. (a) IC the landlord -docs not sign and deliver a. writteh`. rental ag:cement
ivered t him by the tenant, acceptance of tett: without rcy-xvition
.:.signed and del
by the landlord gives the rental agreement the same efrcct as if it beensigned
and Jcbvcrccl by the IandlorJ.
(b) 1f the tenant docs not sign and deliver a written rental agreement signed '
-
and delivered. to him by the landlonl, acceptance o[.posscssionanJ payment of
rent witverc resrn'ation gives Jie rental agreement tlse same effect as t[ It
had -
bten signed and delivered by tile tenant.-
_. (c) I[ a rental agrecmcne: given effect by the operation of; this Section pro-
vides for a term longer than one year, a ise6ceuvc for only one _year.
• - _ CoststCKr -. .
The subsections above apply to transactions in which a writtor tenant. een re�i es have -1-
ment has been signed
tlteddefect is solely tlht,absenccrto( a signature. -Dclivery thus agreed on on terms,
_ -means ]co 1 rather than physical delivery. alone. Thus knowledge or notic not pPEytho _
signing of the rentalagrccmcnt is required. Td�dcb°bhe�tartions aoas preliminary
_ a l:at,ons for leases -or similar writings regarded y p
fPn
- _to wnucn-agreements.= -
• $seno�.lAOS prohibited Provisions in Rental Agrcementr.
(a) A rental ag cement may not provide that the tenant:
(1) agrees to -waive or forego rights or remedies under this Act•,
(2)- authorizes any person to confess judgment on a claim arising out
Of
the rental accement:
r - (3) cgrecs to pay the landlord's attorney's ices: or
4) agrees to the exculpation orlimitation of any liability of the land- _
t --- lord arising under law or to indemnify the landlord for that liabilirf or the
costs connected thercwitlt:
by subsection (al included amoat: agreement
(b) -A provisinn piohihited
is unenforceable. II a landlord deliberately uses a rental agreement containing
pprovisions known. by: him to be. prohibited, the tenantperiodic recover
ov rain addition
• his -actual damages an amount up to [S] months' p -
ry's fees
- Co%%N-ENT -
Rental executed on forms piovided by landlords, and
agreements are oftenis
Stolon contain
0( the Uniformes Cnwmci Credithe use of-wttcCode Provides "abbuyer ort lessee
mil t
ay
not
racrtcditrsalcnorpcoOsumcrft.tOc]cfset" The offientcW comment rt1nthis
sucoion ,
jority of states in f -
states: ,"This Section reflects the-view'of the great: ma. p:ehibiting
authorization
tion to
eability for his ownrwr ng have bee. clauses n d clarcding to �ipcgalLby
statutes in some states (compare %oast. G.L Chapter 186, Sm Is: Kew Yorl Rtal
e
1
- .132 'REAL PROPERTY, PRonATE AND TRUST JOURNAL •[Vol. 8:101-.
- -:
: Property I.aw Section 234: and III, Ann. StaL Chapter. 80. Section l5a (Smith•-•
- Hurd) 196f). -Such -provisions, even though unenforceable at law,.maylhcarrthrlea
_-,j
- rl
pprejudice and. injure the rights and interests of .the uninformed. tenant who may.
---- - (o:-ctsample. -surrender or w�ivc rights' in settlement of an enforceable rlaita
against the landlord. Attorney's fees under the Act may asserted against tither
3
e.
--the landlord: or tenant as'enumerated -ink the Act :(sec. for example. Sectinna:
1.405(b); 2.101(c); 4.101(b): -4.105(3)). -The right to recover attorney's fees against
,-�
the tenant. however. must arise'. under the statute,. not by contract of the- parties.
- -t
Sccnov 1.404 1 [Separafioa of -Rents and Oblignfions to Afaintain Property'
j
h Forbidden.] -A rental agreement, assignment, conveyance, trust deed, or security
the receipt of rent free of the__obligation to comply_-.
:
.. - . .instrument may not permit
with Section 2.104(x).
h.•
- - _-- COatTtENT-
1
- The obligation of the landlord tomaintain• fit premises in accordance with
and remedies of the tenant under Articles II and
- ' �-
__ Section 2.104(x) and the rights
IV cannot be defeated or thwarted by the assignment of rents.
_ -
ARTICLE II
— 1
: LANDLORD OIILiCATIONS
`1
l
SEerioN 2.101: Security Deposifs; Prepaid Rent.
_(a) A landlord may -not demand or receive security. however denominated,
in an amount or value -in excess of (1) month[sl-periodic rent.
roperty or money held by the land..
- of the. tenancyproperty-
:
[(b) :Upon termination
lord as security may be applied to -the payment Of accrued -'.rent and the amnunt
i
- - - - of damages which the landlord has sufferedbyreason of the tenant's noncompli-
•.
Section as itemizedv the landwice dcluv-
ancawith
Bred to the: tenant: together, with . the amount due [14]: days ) after.tcrmination of
t
• ` the tenancy and delivery, of possession and demand by the tenant. - ',.
(c) If the landlord fails to comply with subsection (b) or if he fails to rctuh:n
any prepaid rent; required to be. paid to the tenant under this Act the tenant, tnar
in
- "- recover the property and money -due:him.together with _damages I in amount
the amount wrongfully withheld. and reasonable attorney's fees.
l
- --• equal to(ttvhce]
his Section does not the landlord or tenant from recovering
_..t
preclude
- (d)
other damages to which he may be entitled under this Act.-
1
(c) The holder of the landlord's interest in the premises at the time of the
- - -
.termination
:I
_
- - -of. the. tenancy is bound. by. this Section.
CONIMENT-
Widcly varying legislation has been enacted affecting security deposits
;
- California - Chapter 1317, Acts o[ -1970: -\Nest. Cal. Civ. Code. Sec 1951. -
No. 1230, Acts of 1971, Colo. Rev. Stat Ann., Ch. 58 (Foral-
Colorado — H.B.
- - ble Entr• and Detainer), Sec. 1-26-28. - '-
- Delauare - i4.B.-433. Acts of 1971 Del. Code Ann. (Landlord -Tenant), Title
_
_
.25, Ch. 51, See. 5912.
- Florida -- Chapter- 70-360, Acts of 1970, Fla. Stat. Ann. Civil Practice and.
-- - _.Procedure, -Ch. -63--(Landlord"and Tenant), Sec-, 83.261.
Illinois - P.A. 77-705, See. 3, Acu of 1971, Ill. Stat. Ann. Ch. 74 (Interest),
"
Seca 91.93.
S'arytand — Cl.ipter 633. See. 1 of Act of 1969, as amended by Chapter 291
of Act of 1971, Md. Ann. Code, Art. 53 (Landlord and Tenant) , Scc
-
,41.43.
1lfassachusttt - Chapter 244. Seca :I of Acts of 1969, as amended by Chapter
1970, bfass, Gen Laws Ann., Ch. 186 (Tide to -Real
_
666, Sec. l of Act of -. _-
'Property), Sec. .15D.
Mfuncsota — Chapter 784 of Acts of 1971, Minn. Stat. Ch. 504 (Landlord and
lilt
- --Tenant);-.Sec. 604.19.
- New Jersey — S.B. 904. Act% of 1970, N. J. Rev. Stat., See- 2A:46 -S.
e
1
Spring 1973] Mrciittq ILESIDENT I IAL LA . NntOIW
-TENANT ACr
ClMplCr 680 Sec. 70 or Arts of 196
017773g -160n J.aws Stu. 7. as
Pell I rs. 7-103 and 7.165 amended, N.Y. Geh.
llsylvani.j — pa
Slat. Ann., Title
-
25o.512. 68 (Real
'nic3cand 11crion.11 pro
PCTLy). Sec.
statutes generally require a landlord
tenants within a specific time 0 return security'deposits to
security deposit and p,ovi Period, account for his claim to
-Difficulties de hr.. Penalty in the event any part of tile
In administration and accounting landlord fail, to comply.
some
-luthoritics to a(l%.Ocatc III Of 'Security deposits have Jed
Tenant I-aw Applicabic 10 Rcs-cjr- 2liclition (see -:Interim Report Landio
fljcntial Tenancies rd and
'Fall 119631 figs. 21 and 28). The Uniform Act p; Ontario Law Reform
limits the amount and prescribes Penalties for its CSCrvcs the security d Commis.
Subsection
misuse. cPOsit but
See I A -L -P Sect (c) of 'his Section resolves a split os
ion 3.73. -nil f author'tv among the states.
d
-u-""n 10rd-i�botria'--9j5--ANPJCJhat under Section 2 105(z) of tile Act Elie
SECTION 2.102 Dirclosurc.
(2) A landlord or
y n authorized to ell,
perso
firs b.ch,21[ shall disclose to tenter into a rental ;IgTcmcnt on
an
of
the enancy the name a, the tenant in writing at o before the commencement
(1) the- --I_and
-- d -- address of r
-Person authorized to manage 1 1 he premises;
(2) an owner of the premises or.a ptTso .3es; and
behalf Of file owner for the n authorized to act for and nd on
receipting for notices and dempurpo." of service, of Process and receiving and
(b) The information required to be furnished by this Section shall
current and this Section extends to and is be kept
'Ord, Owner, or manager. I enforceable against any successor land-
lord,
A person who fails to co
each rnPJY with subsection (a) -
Person who is a landlord for:' becomes zn agent of
dcma(l) crv;cc Of process
nds,sand and receiving
and receipting for notices and 'i
(2) Performing the obligations
under the rental of the landlord under
PO all r agreement and expending or this Act and
rent Collected frorn.Lhe premises._making available for the
pur
171's section requires d;,,l
sons who (a) have Osurc to thetenantPOl1*cr to negotiate, of names and addresses Of
PCT.
premises; (b) are tc, make etc. in the op,,2Eio:l
cynPolvercil to recc.
Svc service of notice and process Which binds
all Of the owners., In the absence 91 Of tile
shall be deemed t6
a I,crson collecting the rent
-10-accept-noticcs.��'
Trrlrepairs. 'I IS—..
friate sc of this scciloji—IT-rii . Ffy5!F- 1); c proviuc
lCral proc tenant
ceding. to know to proceed with the
ailing s3fisfaction. 2A-1illst whom tile whom c0lup!aints n appro-
lust be -lde;-Mccl and.
tilted. Rights under appropriate legal proceedings may be insti.
cr this section arc additional 10 those provided in Sccjion 1 q03
Slat. 1972. Chapter 493
Laws a inserts Into Chapter
provision requiring the 143 of Nlassachusetts Cc
address
any non-resident manazcr or agent subj name. address and telephone number of
number as well as the -ncr's riame
and telephone Posting of 2 non-resident Ols ncr2l
eel to 'I fine
each day Of violation. However,- Ellis statute does not of not more than $50 00 for
the remedies provided in the Uniform ACL. p.akc availablc.to the
SE tenant
cnon 2.103 Landlord to Dc7i,c F
OIJCJIlon 0 welling Unit
Commencement of the term a landlord shall cliver possessio I the
the tenant in compliance with the rental a 'Tee a on(o[ the Prczaiscs to
lord may bringan 2cLion (Or Possession ent and Section 2.1&1. -I'lle land
and may recover the damages provided J., person wrongfully in possession
against cr
in Section 0 (c) n
-
134 REAL 'ROPERTY, i-rcmATF. AND TRUST JOURNAL [Vol. 8:104 .7
-
-
CnstniYrtr - —
•-
'
.777I
Thus, the landlord may proceed directly against a squatter. Thr. tenant may - -. ...t
-
also,, pursuant to Section. 4.102(x),-piocced Willi -an action for posscssiun...Where
• i
-ppropriate such actionsmay be in summary prucet•dings. It is thus possible
'
that'both-landlord and tenant may have the right of action against third parties
- vrronerhdly in_Puss^ssinn-o[-Jtc-Premiscs-------�_�.�--- '
— rzoi 2.104 Landlord to Afaintuin Premisvi. - -.
a) A landlord shall -
(1) comply with the reqquirements of applicable building and housing ,
coda matcrialya(reetingbcalth and safety;-
(2) .make all reppairsand dorshatever is necessary to put and keep the .
ptetmses in a rrt anis liabitable condition:keep
all common areas of die premises in a clean and safe con•
dition:(4) maintain in good and safe working order and condition all electri•ctl,plumbing,
sanitary.°heating, ventilating, air•conditioning,,and-otter•
facilities andappliances,including- elevators, supplied or required to be
soppNA by him:
(5) provide andmaintain appropriatereceptacles and conveniences Yorthe
removal of ashes, rarbagc, rubbish,"and other waste Incidental to theoccupancy
(2yy
of the dwellingunit and arrange for their removal; and(6)
supply. runningwater and reasonable amounts of hot-water atall
times and reasonable heat [between [October 11 and [May 1l) except wheredin
building that. includes die dwelling -unit is shot required by law to, beequipped
for that purpose. or. thedwellingunitis-so constructedthat--heat
or hot water. is generated by; an' installation within -the exclusive controlofthe
tenant and supplied by-adirect public utility connection..:: �b)1f
else duty imposed by paragraph (1) of subsection (a) is'grerter thanuty imposedby anyotherparagraph of that subsection. th itdl utybe.
determined by:reference to paragraph (1 ecuon (2).- A'
CoTTs 'r is
_ _Vital - interests of the, parties':. and public, under modern urban conditions . .r.
require the proper maintenance and operation of housing. It is necessary
.tut minimum dutics'.bf -landlords: and tenants be set. forth. Generally duties' of
,.
1
repair and maintenance of the dwelling unit and the premises arc' imposed upon 1i
-
the landlord by- this _section. Major repairs, even access. to essential systems outside.
I'
'
the dwelling unit -are -beyond - the capacity.bf. the. tenant. Conversely. duties: of
1
cleanliness and proper use within the dwelling unit are appropriately fixed upon '
the tenant (see Sections 3.101 and M02). - - -
and family residence may agree in writ••'
(c) The landlord tenant of a single
'
Ing that the tenant perform the landlord's duties. specified in panb.aplu-(6):`and•
(6)-' of. subsection .(a)' and also specified repairs, maintenance tasks. alterations•_:
and rcmodcling, but only if the transaction isentered into in good faith and not
' - -- for the purpose or evading the obligations of the landlord.. •-__
The lint::ord tenant of any dwelling unit other than a single family
E_
(d) and
residence. may agree that the tenant is to perform speciEcd repairs.. maintenance z
tasks, alterations, or rcmodcling only if,(1)
the agreement of the parties is entered into in good faith and not
:
for the purpose of. evading the obligations; of the landlord and is set forth
in a scpaate writing signed by the parties and supported by adequate con.
— --
-
-
.sideration:
-
- (2) the work is not necessary to curenoncompliance with subsection
(a)(1) of this Section: and "
(3) the agreementdoes not, diminish or affect the obligation of the land-
lord to other tenants in the. prciniscs. - - - I
- - 4e) 'nc landlord may. not treat performance of -. the separate-. agrce::¢nt
- desbed- in subsection (d) as a condition to any obligation or performance of
cr
any rental agreement.
Spring 1973)UNWORM rtrstUErv-nnL L NDLOrtO•TENAN7 war 135
CON HENT: ,
This Section follows; the wa=nly of habitability doctrine now recogrhized•fn
-- the jurisdictions of - -•:
_ - California — Vinson v. Delis, 26 C.A. 3d 62. - - -_
Washington,. D. C.--.Javins v. First National Realty. (U.S.C.A.-D.C. 197,0) -
428 F.2d 1071.
Wisconsin Pines v. Perssion, (1961) 111 N.W.2d 409.
New Jersey - Resta l:calty orp. v. Cooper, (1969). 53 1V. j. 94.1.
Illinois jack Springs Inc. v. Little, . (1972) 280 NX 2d •208.
Hawaii Lemlcr v. 1lrccdin.' (190) 462 11.2d 470. - -
" - -
Michigan -1Rome .v.Walker. ,(1'J72) 196 NAY.2d 850.
-- --..- - _ - New Hampshire--Kliuc v. Burns.-(1971)-276 A 2d 248.
_ Colorado Gucsenbury v. Patrick, (Mardi 1972) C.C.11. Pov. L Rptrr. Ste.
Georgia — Gevcns v. Cray, (April 1972) C.C.H. Pov. L. Rptr. Sec 15,412-
Standards
5,412Standards of habitability dealt with in this Section., arc a matter ofpublic,
pp
olice flower rather than the contract of the parties or ,sprcial: landlord-tenant --:
legislauon. This Scctiott establishesminimum duties ,oflaudlo:ds consistent with
public standards. Generally duties of repair- and- maintenance of- the _dwelling _unit
and the premises arc imposed upon the landlord, by; this Section. %Ia or rcpain.
n ;
eveaccess, to essential systems outside. the dwelling unit are beyond Yc capacity
of the tenant. Convencly, duties of cleanliness and proper use within the dwelling
unit arc appropriately fixed upon the tenant (see Sections. 3.101` and 3.102).
Except as specifically provided, these obljgations,may no: bewaived-(Section
SEcnov 2.105 Limitation of Liability. 441
- (a) Unless otherwise agrced, a landlord who conveys premises that include a_t
dwelling unit subject to a' rental ngrccmcnt in a good faith salr to a bona', fide
' --'- - purchaser is relieved.of-liability under .the rentalagreementand this Act as to
eventsoccurringafter: written' notice to the "tenant of the conveyance.-However, -- - :
he remains liable to-the-tenantforall security recoverable by the tenant: under
_- Section 2.101 and all prepaid rent." : --: '•� ., _ t
- COnrst EnTr- -_ 1 fI
ThisSectionre:ieres a landlord. -unless otherwjec agreed, from liability under
the rental agreement and this Act as to events occurring after a good faith sale
and conveyance to a bona ride purchaser and after-written notice to the tenant of
the conveyance except as tosecurityrecoverable- under. Section '2.101, and all
Prepaid rent. As between the original landlord and tenant::it is intcndcd'that the
loss for failure to account-[or secorityand.prepaid rent if recoverable should fall
- - upon the landlord who, incon[nsvtothe tenant, can take steps 10 Protect
Integrity of the security, and prepaid rent account at the time of sale. _The -land-
lord for the time being is liable forcompliance -with. the rental. agrceaent and
`:- - this Act. See definition of-"Landlord"-in Section` 1.301(5)._ See 21so.Sections 1.404
-- _
and 2.105(a).:
(b) Unless otherwise agrced, a manager.bf premises that include a dwelling
unit is relieved of liability undertherental agreement and this Act as to events
occurring after written notice tothetenant Of the termination of his management:
ARTICLE III
• ,����•�•--�EL�'AN� QI1LLsrA.�I0111S� ._._._.�..r-�� -
7�d
ov 3.101 Tcncnt to Maintain Dwelling Unit. _A tenant shall }
(1) comply with211obligations primarily imposed upon-tenanu; by _..j
licable provisions of building and housing codesmaterially affectingth and safety(2). Lee[,that part of the premises that he occupies and-uses u clean
safe as the conditions of the premises. permit-,_ -
i •1 I -
ISG REAL rROPERTY, rROnATF AND TRUST JOURNAL [Vol. 8:101 :
i
(3) dis lose from hisdwellingunit all ashes garbzgc-7ubbuh,-and o]fter - - 1
waste in a cMn and safe manner;- -
J
(4) keep all plumbing fixtures in the dwelling unit or used by dee cl
--[ - tenant ascleanas theircondition permits:- - W t
(5). use in a reasonable ittanner all electrical, plumbing, sanitary, heat• �f
acilities and a
ing, ventilating, air-conditioning and other fpj liances mdtitl•
-ing elevators in the premises;
(G) not deliberately or,negligently destroy, deface; damage, impair or
- remove any part of hha premises or knowingly permit any person to do so:
and -.
- (7) conduct himself and require other persons on the premises with his
..:consent to conduct themselves in amanner that will not diseurbhis neigh; ;
t bon' peaceful enjoyment of Lire premises. - -
a �-�--
1 _ _ COMMENT� .
This Section; the converse o° Section 2.104, establishes minimum duties of
- tenants. consistent with publicstandards of hcalth_and safety.
Srertox 3.102 Ruler"and Regulations.
(a) A. landlord._ from, time to time, may adopt a rule or regulation, however
described, concerning the tenani s use and occupancy of the premises. h is en.` :
t forceable against tile tenant only it - -
t - - -; (1). its purpose is -to promote the convenience, _sarcty, or, welfare of the - -
• tenants in the pretniws,. prescn•c the landlord's property from abusive use. or.. '
1 make a fair Aistribution of services and facilities held out for the tenants
f (2) it. is reasonably related to the purpose for which it is adopted;
! (3) itapplics to all tenants in. the. premises in a fair manner;
(4): it is sufhcicntly explicit in its prohibition• direction, or limitation of
- -
the tenanr's conduct to -fairly inform him of -what be,must or must not do
tomm ly
(5� it is not for the purpose Of evading the obligations of:the landlord:
and
(G). the tenant has notice of it at the time he enter. into the renLzl
t - ' ag.cement•-or when -it is adopted. - -
tt[ (b) -If arule or regulation is adopted after the tenant enters into the rental -
'agreement that works a substantial modification of his bzrgain it is not valid unless
rhe tenant consents to it in writing.
l _ COMM ENT -
i - Under Section .1.301(11)_the rental agreement includes valid rules -and regu-
lations.
egu lations. _
—'�S^cnox-3.10:: Access.. -
(A tenar- shall not unreasonably withhold consent. to thelandlordto
�. enter into the dudliog unit in orcler.to inspect the premises, make necessary or
-
agreed `repain,', decorations, alterations, or improvements, supply necessahasers,
ry or, -
agreed services, or exhibit the dwelling unit to prospeaive'or actual purc`
- -
mortgagees. tenants, workmen. or contractors. -
(b)_ A landlc.J may _enter the dwelling unit without consent of the tenant-
in case of emergency. :
i -- - (c) A -landlord shall not abuse the Ti ht of access or use it to haram the i
y - tenant. Except in case of emcrgency,or un ess it impracticable to do so, the.
I
landlord shall girc the tenant at ]cast [92] days notice of his intent to cntcr-and I
1 _ may enter only at reesonabli_.times.
(d) A landlord has no-Oth rightof access except
- - (1)_ pursuant to court order• -
s - - (2 as rtniued by Sections 4.202 and 4.203 (b) or
f (53 ,.unless the tenant Las abandoacd or surrendered the premises. ,
-
• - i
- - Spring- 1973) UNIFORM RISIDENTIAL LANDLORD -TENANT: ACC 137:, - '-
Spdial remedies to landlord and tenant for abuse of righti of access arc pro-
vided by Section 4.302. As to wrongful entry to take possession sec Sections 4.107
_- and 4.207.,
- - SECTION 3.104 Tenant to Use and Occupy. Unless otherwise agreed, a tenant _
'shall occupy his dwelling unit onlyas a dwelling unit. The.. rental agreement may -.
require that the tenantnotifythe landlord Of any anticipated -extended absence
trona
the premises [in excess of 17] days] no later than the first day of the
extended absence. - - -
:: ARTICLE• IV
REMEDIES
,. PART I - - -:
-.. -. TF.r:ANT REMEDIES
SE 4.101 Noncompliance by the Landlord rn General.
(a) Except as provided -in this Act. if there is'a material noncompliance by i
the landlord with the rental agreement or a noncompliance. with Section '.104
materially. affecting health and safety. the' tenant. may deliver a rsgitten nnuce to
the landlord specifying the actsandomissions constituting, the breach and that
- _ the rental -agreement will terminate upon a daic not less than [30) _ days_ after
receipt -of the notice it file breach is-not`remedied-:in.[14]`days,".and-the rental'-
agreementshallterminate ns provided in the notice, subject_ to the following. ! �
�- " • • �: (1) If the breach: is remediable by repairs,_ tile payment damages or {
/l /i/i✓+� _ otherwise anrl.the landlord adequately remedies the, breach before the date.
specified -in the notice. the rental agreement shall not terminate by. reason_ -
-.
of the breach...:
(2) If substantially the same actor omission which` constituted`a prior
noncompliance of which notice was -given --recurs within. [6] months: the
tenant may tctminate thq rental agreement upon at least (14 days] watten
notice specifying the breach and Elie date of termination o[the rental agree-
- menL.
•-.(S) The tenant may -not terminate for -a condition caused "by the
deliberate or negligent act or omission of the tenant• a member of his [
-family, or other person onthc remises with his consent-:
I'M ENT
Claims arising under -this Sectionifdisputed in good faith may be sealed by ' -
_.
agreement (see Section 1.106). However. a prior settlement, will, nor prevent a -
termination under 1SSgtjoti_4J_0Jta)(2) 1
____(( Except a provided in. this Act, the tenant may recover actual damages
and obtain _ injunctive `.; relief for any noncompliance by the landlord with the
renral agreement or Section -2.104. If thelandlord's noncompliance is wilful the
nant may rcaa-crscasonable`attorncy.s-fees
.
(e) The remedy proviacdTn sitbsceuon (b) is in addition to any right`U -th
J• • '
tenant arising undcrScction 4.101 (a)
(d) If tyre rental agreement is terminated, the landlord shall return all scour- tWWN
ity recoverable by the tenant under Section 2.101 and all prepaid rent
Comic\T
- Remedies ayiilabjr__jo the ten?!!&pursoan o Sectio 101 .are not cdu
-
]//^(sec SccTton`^%ID3)„sj. duty to mitigate damaGes exists under Sec[Ion 1.105. As -Lo - -
/r/D % /-rigsf3 orthir_d parties, ice comment under Section 1.105. _ -
t
SECTION 4.102 Failure to Deliver possession. _
(a) If the landlord fails to deliver possession of the dwelling unit to the
tenant as provided in Section 2.103, rent abates until posscasion is delivered and • ,-
E the tenant may
{ ^ (1) terminate the rental agreement upon at least [5] days* written 'Dotice
-138
RL•AL rROrrRTY, rRODATE AND TRUST JOURNAL [Vol. E:164
to the landlord and upon lcrmination the landlord shall return all prepaid
rent and security, orthe landlord and,
(2) demand performance of the rental agreement by
if thegaint the trriant.
elects,
malnor anyrperson wrongfully inItan all iction fort posseon ss on andsyreco tiro- .
_ actual damages sustained by him...; _. .l
_ (b) _ lI a person's [allure ro deliver possession is willful and not in goo<t faith, 1
an "aggrieved person -may. recover from that person an amount not more• Iran
— - - 13].months'- periodic rent or [threefold) . -the actual'. damages sustained,. whichever
u greater, and reasonable attorney's fees.
CogstENT
''pggricved person' inclut'es a landlord entitled to proceed under Sections
2.105 and 4.501(c) as well asa_trnant entitled to possession. t
SEcnoN 4.l OS Self•Help for AfinorDefedr.
(a)'.If the landlord fads to cump)y with the rental agreement
or Section 1
whidtevcr amount is Fccatcr, the tenant 1
2.104, and the texionable cost of compliance is leu than [$100], or an amount
equal to [onc•l.alf] the periodic rent, -
may recover damages for the brcach under Section 4.1O1(b).or tray notify the land. 1
lord of his intention to correct the condition at the landlord's expense If rte
g 7'
.wrung or_ fails
spto comply
condnittenant in
ithin ins)rcgni ciii casafter 1scrof cmergericy.yt the
tenant may _
cause the gworl: to bedoneit, a wnrkir ilte in, and, after snbmraing to -the t
landlord an itemiini seassomblc svaluet o[oto rtvork, is snot cxccedina the . actual and aamou IE y
cost or the fair.' - -.
'specificd inthis subsection. r
(b) A tenant may not repair at the landlord's expense iE to condition was
caused by. the deliberate or negligent act or omission of the tenant, a mcaber, of t
his family, or other person sts with his cunsenL
on the pr
f
CoNatENT
'The riN,ht of sell•helli may extend to areas outside of the dwcl]ing�See Section
2.ID4 and the dcfinitioneo �snrRc�in Section 1.301(�� s_ Hot Water or 1,
_. �"Scrnov 4.104 Wrongful Failure. to Supply Heat, - 1Yater,
(Esrential Services. cement or Section 2.104 the landlord wi1:• r
i (a) IE conlrat to the renal ag7
tally ornegligendy fails to supply "Cat running;wa[er, hot water, electric, gas. or
other essential xnrce, the, tcuartt may gave written notice to to landlord specify
-
fully
the breach_and may ,,of -.1-
(I) procure
and other tabic csscritial service du the the Mod of ihe,landlord•s
electric, g p
noncomplianr� and deduct their scutal and reasonable core from the rent: or
- - --:--(2) rccos•rr damages based upon tu_diminution -in to [air rental value
of to dwellurl•._unir-nr `'.- --- crioil of -.the — -
(3) proauc reasonable substitute housing during the P
landlord's noncom 11.1 in'which case -the tenant excused from paying
-rent Ior'the`perio o[ thelandlord's noncompliance- 3 of subsection (a)
(b) Id addition to.thc rFmcdy provided ir. paragrsph ( )
te,tenant may addition
L the actual and reasonable cost or. fair and reasonable value
th she substitute housing not in excess uE an amount: equal to rho periodic -ren[.
coon, he may
not Proceed -under
- and -in an cue under subsection. (a) _ reasonable attorney'syfecs. p
` (c): I[ the tenant:-proceeds_to that
treat
Section 4.101_ or Section 4.105 as to tat lirearh. _ _ r .
i"tte remedies under- Sections; 4.107 and 5.101(b) are applioblc where "te I _
d csa� edinpaddi ion'to•sthc rcmcdices etc. an
to ressupt provi Provided it Sectioninish s 4.101, 4.103 and x4.1.04. c•
_-_(d) Fights of die tenant under this Section do not arise until he jus Given
•
• L:
Spring 1975 uNiFoRM REStDENTrAL LANDLORD -TENANT ACC ]r9 !
notice to the landlord or if the condition was caused by the deliberate or negligent
act or omission ofdue tenant, a member of his family,. or other person on die
premises with his consent
_5cenoa 4aO5:LandFarrl's Noncompliance as De/c%:"C�r/letion-Jor-.Eu
oJ,sion -
(a) In an action for possession based upon nonpayment of the rent or in
t ' - ;inaction for rent when thetenant is in possession, the tenant may. [counterclaim): -
• - - forany amount he may recover nriderdse.rental ,agreement or this Act. .In'that
event the court from time to time may order the tenant to pay into court all or
Part
of'he
rent acmted and thereafter accruing, and shall determine Elie amount
due to
each
.�ivty.:The party to whom--r-net amount is owed shall .be paid first
- --
from Ir paid into court, and the balance by due other party.. Ifp no rent ,
_ -remains dmc after application of this Section, judgment shall bc.cntnred for the _.
tcnant in die action for. possession. If thedefenseor-cougterclaim-.by the. tenant -
is without merit and is not raised in good faith, the landlord may, recover rers n.
able attorney's fees ,
`(b)'In xn action for rent when the tenant is not in possession, he may
- wuntcrdaim) as provided in subsccdon`(2) but 'is_not required to pay any ren -
into court.
CONMEr T
Article II defines the obligations of the landlord which the tenant may enforce
against him (Section 1.105) While Lindley. v. Nornct, 405.US. 56, holds no grin
-_=- - -- ciple.-of constitutional law requires the admission of the habitability defense m a
: summary proceeding maintained by the landlord against the tenant, Section 4.105
:. is -consistent with modern procedurereformin: permitting: the tenant to file a t - -
counterclaim or other appropriate pleading in the summary proceeding to the end ,
that alt issues between theparties may be disposed -of in one -proceeding., It is :.
anticipated that upon filing of dtc'ceunterdaim clic court will enter the order
-deemed zpproPziate by bim'concerningahe payment of rent in order to protect
the snte:estzof th�p�t� S�c�ta�es incomment to Section 2.104(c). ;
• - - ;�^�StcrioN 4.106 7Fire or Cmmalfy.Damogc- ;: -,::���`'�^ I
(a) If,thc dus`dling unit or premises arc damaged or destroycd'by fre or-
usuajlty to an eaten[ that enjoyment of the dwelling unit it substantially impaired,
the tcnant may : .
((Il immediately rar3te Elie prcmius and notify the landlord in writing
[14jdaysthereaftcr of hitintenuon-to terminate the rcntal..agreement, in
wrh Vase due rental agreement terminates as o[ die date OF, vacating; o:
(2) if continued occupancy is lawful, vacate any ppart of Elie dwelling
unit rendered unusable by the fire or casualty, in which wse the tenant's
liability (or rent is reduced in proportion to the diminution in the fair
rental value of the dwelling unit.
(b) If -the rental agreement is terminated the landlord shall return all
security recoverable under Section 2.101 and 211 prepaid --rent Accounting for rent - -
in the event of termination or. apportionment shall be made as of the date of the -
fire or casualty.
COMMENT
Under common law,'notwidtnanding leased premises were: destroyed, the
tenant was still under obligation m pay rent. Legislation has been 2doptcd in - -
various states providing that if the premises arc -.so destroyedor: injured as to -be
untenantable or unfit For occupancythe tenant may quit and surrender possession
ofthe premises:-
_! Arstona Ree. Stat., Sec. 33-343 (1956), --
Connecticut Gen. Stat. Ann., Sec. 47.24 (1960).
Michigan Stat. Ann., Sec 26.1121 (1955). -
7.1inncsota Stat. Ann.. Sec 591.05 (1947). -
Misslssippi Code Ann., Sec 898 (1957). -
Wisconsin St2L Ann., 234.17 (1957). —
I
- - - ..breads is remediable by repairs or the payment of -damages or othcrwix and the
tenant adequately remedies die breach before the date Specified in the notice, the
- `• TGnI11 dgrCCtnCT[. Sh111-. 00[, terminate. 11 substantially , the _ same act_ or o-mis%ion
a noncompliance of which poeice-}vas givenrecurswithin
i.
- • ---which constituted prior
(6] months, the landlord may terminate the rental agreement upon at least [14) ,
_
140. REAL PROPERTY, PROBATE ANT: TRUST JOURNAL - [Vol. 8:101
(P
rental-ag:eemcnE.
(bl If rent is unpaid when due and the tenant fails to pay rent within [14)
Wesr Ifirginia in 1931 adopted Section 37-6•28 providing [or:..
(;
4 -
- •• .. a reasonable. reduction of thc.rcnt.. for such time as may: clapx until
-as
i..
.._ -
be placed again upon the prcmiscsbuildinga, or other structures, of -
.there
much value to the tense Lrr 1de nnrnnars�a terse desvn
i
!s
"'"'SEenoN 4.107 Trnan('s 1{emedies Jnr Landlord Un7rito(ul tius7cr , s„fr;,t;Tr
I;
I
orDiminu[ion of Seruite. if a l�ndlnrd unlaivfully rrmm•es or cadudcs the Ern -
anf from the premises or willfully tliminishcs services to du;tcnant by interrupting
i
t -
I-.
-or-causingthc intcmiptiod o[ heat;:runningwatcr,hotwatcr,,-dcaric.g:is.---or
- other essential sen'ice, the tenant stay. recover_. possession or terntinate [he rental
I�
(
agrecmcnt and, in either Cisc, rccovcr�an-amount nuc. -more dun (3) mondIS'
-periodic rentor[threc(old)thcactualdamages sustained,_by him,-trhicheceris
-,
i
--wnttenuotice by the landlord specifying the breach and requcsting thhat the tenant
-grcatcr,and reasonable attorncyi fees. I[ Air -scutal agrecmcnt istcrmivatcd..tltc
:�
i..
-landlord sliall return all-sccurity rccovcmble undcr'Scction 2.101 rnd all prepaid
Tor thcactual and reasonable"cost. or tine fair andreasonable value:thcrcof ast
. rent-----
on the next date periodic rent is due.. or if tite rental agreement-huinaled,
���_
Phis Section prnvidcsa remedy for the violation of Section 4.207..Sec also
'
' Costsrsxr -
comnicnt to Section 4.104(c).
The landlord may: proceed. under either:Section 4.201 or Section 4.202._ In
: -
I -:-
- PART 11
;
is
■
I_tNDLoRB Rc.tcotrs
f- SccnoN.4201 Noncompliance with Rental' Agreement; Failure to Pay Rent-
(a)
ent(a) Except as provided in this Act. if LllCTC is a material noncompliance by
the - tenant -with -the rental agreement or a: noncompliance with: Section ...101 .�.
- -materially affecting health.dt
and sa[ety,:.e landlord may; deliver a -written notice
to tho tenant specifying the acts and omissions constituting the breach and;thal
-... - -. the rental`2brccment will tcrminate upon a(date not -less than (30) days after
recci- t of the notice. l[ the breach is not remedied in -(14). days,- the rental atlree-
-_ -_ - - men Pshall terminate as provided: in the` notice_ subject to the following. If- Elie
- - - ..breads is remediable by repairs or the payment of -damages or othcrwix and the
tenant adequately remedies die breach before the date Specified in the notice, the
- `• TGnI11 dgrCCtnCT[. Sh111-. 00[, terminate. 11 substantially , the _ same act_ or o-mis%ion
a noncompliance of which poeice-}vas givenrecurswithin
i.
- • ---which constituted prior
(6] months, the landlord may terminate the rental agreement upon at least [14) ,
- date of termination o[ -die
days' written notice specifying the breach andthe
rental-ag:eemcnE.
(bl If rent is unpaid when due and the tenant fails to pay rent within [14)
i !.
' days a ter;writmn notice by thelandlord-of nonpayment; and hisintentionto
-- •-- tcrminaie_the .rental -agreement if the rent is not paid within that period, the.
--
•;.:
- - landlord may terminate .the rental agreement. '.--
- - - ---(c)EntteQt,•sprovided in this Act, the landlord may recover actual damages
.-:•
and obtainrelief for any noncompliance by the', tenant with Elle rental
,injunctive
agreement or Sceion 3.101. If the tenants noncomplianceis willful the landlord
-fees.
=
ma rtE(?yereasonable attorney's
S oon 4.202`Fa""lfure (orf omtain. If diene is noncompliance by the [cnant
c
- - -wflh Section 3.101. materially affecting healdi and safety that can be remedied by
rep of a damaged item or cleaning. and the -tenantdails to COMply
-
as;romptly as couditions require -in case of emergency or within j14) days;aflter
--wnttenuotice by the landlord specifying the breach and requcsting thhat the tenant
/
C.V �
edy it within that period of time;: the landlord may enter the dwelling. unit
'Lbill
v
ctttx the work to be dime in a workmanlike manner and submit the itemized
Tor thcactual and reasonable"cost. or tine fair andreasonable value:thcrcof ast
on the next date periodic rent is due.. or if tite rental agreement-huinaled,
for itn__�ne(1J,itC�(Js}yJAr^i
' Costsrsxr -
.p;.
The landlord may: proceed. under either:Section 4.201 or Section 4.202._ In
: -
- event o[ a recurring brcich, he can. proceed under either Section. -lie must serve
•- -'notice in all caws.
is
t • �
f };
Spring, 1973] UNtrODM krSIDF.NTIAL i ANDLO.RD T1 NA NT ACT ;
741
--SCCr10N.4.203 Remedies for GLtrnee, Nonwe and /.Landonmrnt. '
--(a) If tile dIltil agreement rcrluires the tcnancto give noticc ED the iandlord —
of an rnnapp:lie extended absence [in excess of [7) days) as required in Section
3.104 and the tenant willfully fails to do' to, '-the landlurd may recover acthat
damages fromthetctiatiL.
(b1 During any absence of the tenant in excess of [71 day's• the landlord may
t enter the dsvellingunit at times reasonably. necessarryy.
- (c) 11 Life tenant abandons the dwclling unit, tltc landlord shall make reason-
ablc coons o rent it ata fair rental. 11 the landlord rents the dwelling unit for a
- tcrm beginning before the expiration`. of the rental lagreerncnt•- it terminates a: -o!
he date of tJtc nes. tenancy._ f the. landlord fails: to Use reasonable efforts to rent
I
dwelling Unit at a fair rental or if dte landlord accepts the abandonment m
a surrender, the rent-il 6grccment is deemedtobe terminated by.. the: landlord as
of Elie date the landlord It. -IS IIOEicc of-the'"abandonment,. If the,tcnaney is from
month-to•month"or wcrk-to•weck,'tile 'tcrm Of the rental agreement for this pur.
f posgic.dcemcd:tobc a month or a_ pcek;.as,tke.east,may..ben•� 4
ON
4.
er
" 1 tntsci�l kno ledge of avdefault byrltthedtenan horaccepran coot performance bof
y
- hith
m landlME ord's
r ght from the terms of the rental agreement constitates:a waiver of the
- Undlord's right to in
the rental agreement for that breach,`unlcss,cr of the
agreed after the breach has occurred-
COMMENTIf '.
not bar of a continuing duty is involved, acceptance of rent or performance
will not bar the landlord's remedy -for a -later breach. Accepprice Of unpaidrent
paid after expiration of .1 termination notice does not consulate 2 waiver a! The
- termination.
�.sc .: ..:• _.:•—, rca---•."a;�x•-•�'+_..^-�^-'R: Via;-.:�r.,,�w+�:_._
SECrrON 4.205 Landlord Liens, Witrest for Rent.
(a)- A lien a- security interest on behalf of the Jandlord in the tenant's house
hold goods is not enforceable unless perfected before the. effective date o[ this AcL
(b)' Distraint for rent is abolished. i
r ated. the landlord ITSECnoN 4.206 Remrdy after Terrninalfon• Ifthe rental agreement is tc.•min
for actual damage for breach of -13 A claim theal agreementand rand `reasonable�attorneys
fees as provided in Section 4.201(c).
--- ScertoN 4.207 Recorrery of Possession Limited- -A landlord may not recover or
i take possession of (lie dwelling -unit by action or otherwise,inc]udingwilllul•dim-
ieatfonaof services to the'(enant byy interrupting: or causing Lite interruption of -:
heat, running water. hot water, electri4• gas, or other essential "service to the ;
Sena it; except in case of abandonment, surrender, or as permitted in this Act
s
_ - See Section 5.107. - Cosnrr:rtT - - -
PART III
. - 1.'EZUODIO TENANCY: HOLDOvrA; Arm= OF /,cc, _
SCCnON 4 -SCI Periodic Tenancy; Holdover. Remedies.- {
- - untten:noticeThe l givens tothetiletenant
at least f101dna
te aysbefore the. terminatio dztn
t specified in the notice,
written
ten notndlord egi%-tor the tenant may terminate a manth•to•monrh Tenancy
by a s.Titien notice given to the other at least [Go1 days before the perfodierer.:al
dire Specified in the notice: -
-- (c) _Il the tenalt remains in Possession without the landlord's cor-ser-t after
expindonof clic term of the rental agrcesncnt or. its termination; t}selandlotd
may bring an action for possession and if the tenant's terminioldtiver i srilTheJ n not
in good faith dtc landlord may also recover an amount not ruore than [3l reont.X
t
i
r..
142 REAL rnornRnf, rnonATF AND 'ncust' Jouzwnt. [Vol. 0:104
t
IV,:
jperiodic
rrnt or[darcefoht] he actual damages sustained byhim, whichever is
Ices. Ir the Iandlord consents [o he tenant's
—grcatcr,.and reasonable attorney's.
eonunucd Occupancy, Scedon 1.401(d) applirs
COMMENT
of occu •set under lease si ned by only one
9
i
See Section 1.402 as° to,_effect
andtionSection 2.10$• as to, tenant's rights to bring an action for possession
t
party.
against ror holdover tenant
.... x
,L'102;..I,ggdrald�;1.11 Tenant Remi tri,j�r 4Ltt tt_o/I Acc�sL
'E
S..crinN
"(3) IChe"tenant refuses to rllinvT5w[nl access, tlte,lzn2loid may obuin
the rental agrcen:cnc. In'eidter
y;
•j -
injunctive to compel _acccu, or. terminate
recover actual damages and, reasonable_�Uonteys Ices.
-
case tiac landlonl may
(b) -1t the landlord triakcs an unlawful entry_ or lawful entry in an unrca•
for entry: Otherwise lawful, but which.
1
r
wnzble manner or makes repeated"demands
..have he effect aE unreasonably harassing the tenant, the tenant may obtain in•
of the conduce or terminate he rental ._
l
junctive-relic[ to prevent the recurrence
-ternnt actual,damafet [not less thin an
- -
agreement. In tithes case themay recover
amount_ equal to [l] uaondi s rent] and reasonable attorney's,fecs.
11
' COMAII:NT
•
Sec Section 3.105 as to right of access. '.
;•.,
,.,,, ARTICLE• V --- - __. •,...-- -- -°–.
- ...
1.
_
RETALIATORY CONDUCT
;?
i
SLCnON 5.101 Retaliatory. Conduct Prohibited.
a landlord may not retaliate by
-- (a)-L•'xccpt. as-provided-.in=this.-section,.
or by bringing or threatening to bring -an,-_.
inereasirag-rein-ordecrcasmg services
action for possession after: agency charged with
(I) the ten:mt has complained to.a governmental
or a building or housing code of avrolation
;
' .-
-
-• responsibility for enforcement
to the premises-.notarially`affecting health and safety: or. -
under
I.
�.
applicable
- (2).. the tenant has complained- to the landlord ora violation
Section 2.104: or
has organized or become a member b[ a tenant's unfonf'�
[
(3) the tenant
-� -
_or similar organisation.--. –
in violation ol�bsec[Ion (a),.he tenant is entitled
(b) if landlord acts
defense in any. rn t.etaliatory
" the remedics provided in Section 4.107 and:tion the ncreates evidence
ep
to
_action against him for
yyhas:a
possession In catbeforea he�all Sed ct oor f retaliationinst
p r
{
..-.. of a complain: within
li] y
conducrwhs in retaliation. The presumption docs -
[
Ssumption
that the landlord's
not arise if the tenant;rnide die cum plaint after notice o[ a proposed rcpt
means that alit fuer of face
-'
[
[
increase Or diminution o[.servires..."I'resmnptioti'.
rind racepresumed .unless and until evidence_is intro-
.1
must the cs:istenceofthe
duced which would tnpport a finding o[ its nonexistence.
subsections (a) and (h), a landlord may bring an action
-(e).
i
f
Notwiths[au•img
for possession if:
(1) the viula[ion of the applicable building or houtine code wzt
a member of his
;
[
t
caused primarily by lack o[ reasonable care b the tenant,
1»s consent, or
t-
. -family, or other person.on.the premises with
or
I
(2) rise truant rs in default in, rent;
with he applicable building or housing code require
I
3-compliaore
zi[crxuon, remodeling. or demolition which would effectively deprive he
-
' tenznt of use of he dwelling unit.` -
an action .under subsection (c) does,not release.
.
- .-.(d) The maintenance of
landlord from liability under Section 4.101[b). -
-_
[
.the
COGn.IENT
State and federal courts in California (Aweeka it. Bonds; 20 Cal. App.Sd 2S1.
Scht cigger.v.'Bondi, S CAL App.2d. 507, 90 Cal. ltptr. 729
I
97 Cal. Rptr. 650 [197I].
' [I970)),.2hrida (Bowles v.'Bfua Lake: Development Corp. [S. Florida, 1971],
_,
Y
143
Spring 1973) 2M u=ID=4TtAL LA1tDL0r jwMHANt' ACT
uNtro_.
Mass.'tchusetts (AfcQueen v. Dreher, Sl7 P.
tc.See: 12.920).. r 1969 -Engler v.-Capital Manage•
C.C.H. Pay. 1 ARPt. 1970]). ,yew Jersey (Alexander Savings and Loan 1
SuPP' 1122 Super* 8'l, 2 7 A.2d .7 [19691:
970 E. 1d? Newtnan Inc. V. Flat-
lvltalen, 107 N.J. P
meat Corp.; 112 N.J. Super. 445, 271 A.2d 615 ( gg
Ir
'lock, d 86 1971]);Ncw york44,[ (Flusey v. Glub.von Court/andt, 2J9
11G N.J. Super..2°0.281 A.Zd 544-[1971]:-Si�LCau No.Es 8375 (S. D1OhioJ)•
Supper.491: 285 A= (f.R.O. anted, 7 the
gSupp• 501 (S.D: N.Y: 1969]). Ohio R 175 N.W.2d 297=[19 1. GS n have
idtltut v.- Norton, 45 NW.2d 309, C,
dir.. 1 ]) ,
Wisconsin ( Ldwards, v: XnLiL, 397 F.2d 687 ((I•
District of Columbia (' eviction.
=upheld the. defense of reuliats a ue-'have recognizul9G9e Dili Ch. 25 ,Seep 5917 . _ -
_ A number o[ states 'by Sec 42.540a [SuPP• ]'
1942.5:'Conn. Gen. Sc Ann., Su 197 ]: TICP.ev..St Ch. BO, Sec- .71 Supp.
`19711�: Ha. Ell 66G.Sec.43 ( PPG002; AId. Laves Ch. 687 SCC. 9.10 [SUPPi ,..
Supp. [ PP 19701: hfi&-- Comp-
971 : Me•'�ev St. Lows�Ann,cCho0196 Sec. 18 Su
1971: Mass: Comp•
N.Y,`uncont'd U 1971 '. RL Gen. laws
Ann.. CIL 600 c nc Anna s ASec. 42.10.10:9]• %linn. Star. Ch. 240 Sec ,GG.OS uPP•
' 8601971):
• Su J 1971]: Pa." Sc. Ann. Gh. 35.' Scc. 1700.1, [Supp• )� Ncw Jersey,
C PP leg's tenants from eviction' if they have 9rE+ss
Ann. Sec. 54•_0.10 (1968]. The lr islautres o[ Alainc; ,fassachusctu,
n.
Michigan and Rho c Island also punion tri retaliatory conduct as
--- - - - iud or becuesan
tion s�tlucwhether thetlandlord is engaG ngrsaed by the court. betore the
The qof
prohibited b y dto s1atl a tenan� evidence of a camplato be intwitlun,tha yt alaIn d
action by or.. t;.
alleged atc.o[ retaliation creates -a rebuttable presumption that the landlord's _
rent mcrelse or diminution
scrvtcra
alleged act
in retaliation. This pr_sumptian will not arise i[ the unapt made the
complaint after notice o[ a proposed ARTJCLE
VIa
EFFECTIVE DATE AND REPEALER._
SECTION jai
FRcctivc Date. This Act :hall become effective on [
It applies to rentai agrcctueots catered into or extended or renewed on and act's _
that date. Col' irxr " Commercial code.
'this'Section, there
drawn from Scction-10.101 0[ the -usably is 'provisions o[ thea
is also.drawction. he idea of an effective date considerably ie'provnceall leases.' -
may be ample. time for all 01 those who may be aLrccted by P -
Act to become familiar with it- .it is intended that date.gee Act applyarts of -Acts are. "
-renewals and oiler events ic Re. pea
curring
he follow'in Acu and
Sox 6.102 Sp f ` r
hereby repealed: [List .appropriate Acts]
SECTIO? 6.103 Savings Clause and-Transactions entered into - that
'c'and be n=
date of this Act, -and not. extended or renewed oired after
"d byallystatute
righudutics.'and interests flowing fromthem-remain valid ander oT amendment
aced camp am
consummated, enforced as sal
or other law amended or repealed by this Act as though that repe
had not occurred. ' rovision'ot this Act or tho application n
_ Seenox 6.104 --Severability. ifanyis P ser e0ect-w'sthout the' _
thereof to any-peraon_oli circurnstan
ot this Aec'which�nn..besgi C11.-cy doe not afiea
other revisions or -app )kation, .and to this end 11 provisions of this Ad are
" invalid provision or apP
severable.
'IS-ASE V. FOX: NEW DIRECTIONS IN IOWA tAWDLOiU)-J.E,LAM7 V%11
by 1
Professor_ David C. Baldus
=
Univeraity of Iowa College of Lcw
1
Copyright 01972 by David C. Baldus
Table of Contents
{:
Paste
1
Introduction. ..... ..... ...... ..
A.
What Transactions Are Covered by the N,enso Doctrine?...............
2
B.
What Type and Degree of Branch-Is Required to Im oke
the Doctrine Successfully?.. .....(• •• •• ••
3
C.
Did the Terurnt Waive Ilia Righta or In lie Estopped 7 from -
Raising Them7........................................ ........
4
D.
Tho Tenant's Remedies for Bruacir of Implied Warrnnty
of Habitability.........................._.............: ..... ...
'-,
App xnling Implied Warranty of Habitability IBau39. ..... ..........
9
-2-
bathroom ceiling fell on cne of the c'erend cn r. �•� i :... _ ,:_ff
failed to repair the pre-ices after receivinL:nori_e o: their con.
The purposes of this cWrandum are, to dcscrib. the "_-ase d t:rJ.n =nd
to consider- the subs±diary issues that are litEiy to arise iri fst..r:: ` _anLic_L 1
I.
- tenant disputes when a tenant invokes-the doctrine.. o_` implied war ra:.`_y of
habitability. Several leading cases from foreign jurisdictions
of which the court cited or quoted with approval in along w'&-.h the
- Mease opinion, arereproducedin_tne Appendix below.
- A. What Transactions Are Covered by the M9ase-Doctrine?
.:
1. The N,eaae opinion states that the doctrine applies to both`oral ani
written leases of a "dwelling, including a house, condominium or apar�nt-.
Thi inference is that it will not apply to ce:r- rcial;leases, Det-see ?.care
Re-alty Corp. -t'• Cooper, 53 N.J. 4449 251 A.2d 268 (1969) ('warranty i lied `
in lease of office spaco), which is cited with aaprdt.1 in <<_•r^�-
2. The court cites with approval, decisions from foreign _'1 =sd17- -J
'
I`
applyi�tg the warranty to sales of real'o0tate,-suggesting that r.'^is will be
extended to all transfers of real estate to coninxv:rs.
3. Not limiting the case to urban dwellings gives tha on that-
I
the doctrine applies to both icrban and rural dwollinp•n.
4. in municipalities not e.wered by the state Inmising 1a� iG1a Cc1a
i
Ann. § 413.1 (1972) (i.e., municipalities with populations of 15,OCC o _ aa)
and in those co--munitico without a local btrm ins code, only the "i-_teat
e-efects" branch of the doctr'--. applies.
5. The opinion clearly suggcots that the_re-^.dics diacuor•od in the
I
r .--
op_aia:m are equally appLicablo when the warra=tY _s c =cos -
-'7 7 .f) - —
j
-3-
�.
-_-•.;.plfod, It also':uuEgests that all promises in leases, whcthar empress or.,
4s lied, are dependent.
B, What Type and Degree of Breach Is Required' to L-tvolce
the Doctrine Successfully?
1. Before remedies become available to the tenant, the lessor's breach
of warranty =at be "material," i.e., of such substantial nature" as to
make the premises "unsafe or unsanitary, and thus unfit for habitation."
Decisions from other jurisdictions suggest that conditions must be quite
bad but not literally uninhabitable. See, e•g•r Asademy Spires, Inc. v.
Bram, 111 N, J. Super. 477, 268 A,2d 556 (1970); Jackson v. Rivera, 318
�LI;
N,Y.S,2d`7 (Civ.'Ct. N.Y. City 1971); Morbeth Realty Corp. v. Rosenshine, -
!.
323 N.Y.S:2d 363 (Civ.'Ct. N.Y.City 1971).
1°
2, The tune opinion states that the issue of materiality is "usually"
a fact issue suggesting that in extreme cases the court may rule on the
question as a natter of law,
:.
3, Aro defects in common'areas (e.g_, hallways -)--or- other a?artments
`
that affect a tenant, grounds for applying
in a mltiple-dwelling,h,,ilding
i
'
t
�
the doctrine?
4. The court lists a aeries of variables considered pertinent in
"testix,g" the materiality of, the breach. Those include the amount of rent,
the ago of the structure, the time the defect has eristed and its effect
f
`
on safety and sanitation. by making the rent and the agc of the dwelling.
relcrcc:., the o;:inion suggests that a -relative standard of taatcr!ality
,
-�
-}aaie apply. reflecting in, part the reasonablo cxpG z:AtfOr_7 of :cµ Conn-,_
under the circL.ztances. The result may be higher standards for hiSh-rear
2 D.C. Cir. 1970). The u__nse opin�cn c- i
F.2d 1071,1079 n.4.
Corp.,r" when "rous's c
_428
the "inequality in bargaining powe
etion to
xpl'_cit recogni
the "potential lessee [ y Se
'
and the possibility that p
is inshortsupply"
the moat basic necessities.", The .
in no position to dicker about even
Also, when
and wealth are clearlyrelevant on this point.
tenants incus cote, ;
applicabld housing
the time the lease is made.violate,an
yaland
the defects at
ille therefore the waiver is
the tenant can argue that the lease is
A.2d 834.(D.C,C.A,
Southall Realty Co•.. 237 -. -.
j
un3nforceable. See Brown'v, _
illegal), which the Neese
`
code violations existed is
base msde'when
1968) ( atians under
that oblig
_
e
approval. Tenant can also argue
opinion cites with gpp nor may its:pro-
agreement,,
by
'code
may not be altered private
the housing supra, at 1022
First National Realty Corp.,
'
tections be waived. See Javins V.
806 (1967).
251 C.A.2d Supp. 1013, 59 Cal. Rptr.
n.58; Buckner V. Azulai,
made,j the tenant
defects arising after the lease was
[
b. As to
"knowingly" ode.
argument :that his waiver was not
[
may hsve the additional
If the breach constitutes a coce
1
v. Coo per su ra,
See Resta Realty Corp. —_� y
or waive ,
T
landlord and tenant can not shift
[
violation, the argument.that the*
public duties may apply'
if he foils to g
_
ant estoppedive
tento invoke the doctrine
Is 8
3. necessa^f
notice by t he tenant is
tico7 The Mon opinion says
the lessor nohe
defect. Thi suggests that a demand
of the
if the lessor does not knows
tenant must give to
and also implies that the
for repair is not necessary
Diamond Housing Cory. v•
(the
f
- roaao�Able time to make r.'
t
lessor a
1969) held that citation bj'ard not=ce
[
257 A,2d 492 (D,C.C,A;
RobJ; is e' -5o a
required.. There
'
ipal code enforcont officials are not
mo
de :ec
E
frc� e
notice after learning of th
of haw soon the tenant must give
qu^_attoa
[
:
_g_
.0cition will be diamiasod; and (3) provide that if the tenant fe.ilc t:
LuiCo the ordered pay=nt inthetimo -:act, Judgmcnt will be entered for
, supra; Ac' -
the landlord, Sec Davina v. Firat r'ational.Realty Corp.e:_
-iron . Inc. v.'-Brocm, supra; Morbeth Realt; Corp, v. Ronenshine,
tLis a proper masure:of liability if the fair rental value of the praly
=
if they had been as warranted exceeds the promised rent? —
;.
d. Academy Spires, Inc. v. Brown, -supra,'holds thatexpert.
testimcny is not needed to prove fair rental value and that the temant'_i
co-astcnt to toatify an to value.
- o. Will a finding of liability in a forcible entry and deta'__.Et
#-
action bar the tenant from raising any defenses in a subsequent contract
•'
a_tion to collect rent which the tenant fails to pay after the forcible
a -w doteinor action?
i
i
E. Appealing Implied Warranty of Habitability Issues
t
f
1. Appeals to the supreme court.
i
a. Jurisdictional amount. Inn forcible entry and detainer
=
action in the amount of rent sued for is less than $1,000, a rico -�c
-which
an appeal depends on whet%cr-the eviction proceeding, is an action that
I
"involves an interest in real estate" within the meaning of Iowa Rule of '
Civil Procedure No. 333. -
b. Supernedcan Bond, Mien ir tenant nppcllant wants-Lo-res41- i
in poscosnion pending the appeal, the pain question in whether his pa}�__
to tho clerk of the district court of all rent claimed by the lessor cn_
eu ordar:requiring that nil future font bo paid to tho clerk during t:z
...
pc.=Acaay of tho cppoal (or tho--appeal will be diamiaead) in a eufficicat
bring progress.toward a goal of pedestrian oriented campus, the University
I The following objec s are necessary to :achieve th*al of a traffic-
F
free campus:
I 1) To create large zones of traffic-free academic "islands"
further consolidation into
which offer the potentialrfor
a completely; traffic-fre3-campus.
I 2) To resist successfully any street or traffic "improvement"
increased traffic through
proposals_ which would result in —
the campus.:
'
3) To divert non-university_destined'-traffic around the
campus zone.
' 4) To provide _for the separation of vehicle from pedestrian
movement at remaining points of conflict.
5) To provide adequate parking facilities for vehicles
the traffic-
destined for the campus on the perimeter of
free zones.
6) To encourage the use of non-automobile modes of transportation,
for ;home-to -campus and campus-to-home trips.
7) To provide for the safe and convenient use and storage of
- the _bicycle.
The-implementation of the above stated goal and objectives will entail a
beyond the scope of.this
large number of decisions; and actions which are
steps which must eventually
statement. There are, however,'several_`major
be accomplished if the goal is to be reached. They are:
1) To restrict the Iowa Avenue Bridge to pedestrian and bicycle
-
-traffic.
2) To close streets serving the Iowa Avenue Bridgeton the east
side of the Iowa River:
3) To complete the improvements provided for in the West Campus
Street Plan.
- January/1972
A-2 .
INFORMAL COUNCIL DISCUSSION
OCTOBER 16, 1915
-:1.00IRM -
-
The -_Iowa City City Council met in informal sessionon.the
-day of October, 1975, atl .MM 1:00+P:.-in-the-Conference;Room ..:
.16th - -
at:the Civic Center. Councilmembers_present: 'Czarnecki,
Davidsen, deProsse, Neuhauser.- Absent: Brandt. Staff:_' resent._
Berlin, Mosher, 'Zelenka;;Jones Taylor.
Mayor Czarnecki announced -the agenda as follows:
1) Community Relations,- Julie Zelenka
2) -Pending Items List`
3) --Government Facilities Report -
City Manager Berlin noted hat, as Julie Zelenka's response-.'
bilities,.amount of work:and<focus under -Community. Relations"
_..
is .changing,'_ -she would report ;on what is happening.Ms' Zelen-
ka commented` that -some of her responsibilities -are Lto supplement
:radio and news information and to develop leaflets or handouts ;.`
clarifying solutions to problems' for. citizens. The meeting
..•
adjourned to the Council, ,Chambers to ;observe slides presented,
-including improvements projects that have -been going onin Iowa• .
City, such as planting ;f lowers -in variousparks,:construction',:
on.Washington Street,. -art murals on.:th6°Animal Shelter=and-the'
'Paul -Helen Building. After thepresentation, Council returned:
to the Conference Room. ;Council'discussed 'the problems,'citiz:ens`.
are having in getting questions answered when making a call to `= ..
the Civic Center. `;Ms.-Zelenka"noted '.one way to; alleviate this.
problem is .by routing calls through ;the City Manager's office -
to get appropriate -follow-up. '- This :system would rely heavily.;.
_
upon :the.switchboard operators: Otheritems discussed -were:
"
Council's commitment to citi.zen'participation; re-establishing-
an."Employees Newsletter"; bicycle licensesand possibility .
of amending,present ordinance to.,allow actual licensing'at,the`<
-bicycle.shops; revisingtthe Parks and;Recreation trailguide in
Hickory Hill. park;'providing booklet -for employees concerning
the :benefits provided by ;the City; providing a map of park areas
and.making people aware of facilities"available at each;park;<
Bicentennial: -project -- Zelenka.is working on a programfto'make
the project look more inviting. and interesting ;`new maps "and
bus schedules, perhaps to -include Cambus.route and telephone,
numbers -for -all public transpoitation'`includin g taxi service. _
She noted it would fake some time to,.-put_all of this -together ;
and she would have something by the middle ' -of February.:-
-
�.
Page 3Council Discussion-'
'•
: `October 169 '1975
Jim Lynch and Bob Hilgenberg were present for discussion
on the report on Public 'Office Space Needs Priorities and ;.
Alternatives, a report and 'study jointly contracted by the
City; and County, done by the Regional Planning Commission.
Mr. Hilgenberg covered the following items for-Council'.s con-
sideration in his introductory, remarks: Historical
_(1) .,..„
perspective:'' (2) concept-cooperative leadership-city and.,-County
governments, (3) concept-need',"for.city,center; leadership-.and;
County government and its relationship to, downtown'.
Jim Lynch presented comments on-locational "alternatives
and recommendations. :He-noted-the study,is concerned`;pri-
marily with.the_- Joint rLaw ::EnforcementFacility:,` City; Civic,;.
.
Center and County Court Building. 'He,also ;,pointed out there,`: -.
is $14,000,000 in:public building-improvements scheduled over
the next.four or five years ;,and that it is important to: note'
these improvements do, involve-:G.O. bonds.
Mr. Lynch called.Council's attention to-the five alterna—
tives of possible' locations.of,offices, their advantages and
disadvantages: (1) reflects current trends andinvolves_all
facilities being located in:the vicinity;'of the existing Court-
house; envisioning eventual construction of-,,a, County Admini-._'
strative Centerimmediately.west of the Courthouse a new Joint_.:-
Law Enforcement Cente nadjacent to<the existing Courthouse'and ,
re-use of 'the Courthouse for judicial functions. :The `City
would expand on its existing site_and construct anew Library,
(2) utilizes.a peripheral site'-- would provide unified campus .
and `would include' development of Joint Law.Enforcement Center,,
County Administrative Center and County.Judicial Building,
possibly being followed.by construction of a new Civic'-Center.-
This,, does not maintain the revitalization' of the. downtown
concept, (3) County governmental campus-in`vicinity of-exist- ±
ing Courthouse; unified proposal with all'Governmental,agencies
in one area, (4) Civic Center-Governmental Campus; would in-
n-clude`location-of
clude location ofnew County and Law Enforcement-buildings
near, the-present-Civic-Center along Ralston`Creek, (5):_Com-
pact,Governmental`Campus on a..single block;-wouldr establish
high rise buildings_ composed of a new City/County-Administra-:
tion,:;new Judicial Building and.Joint;Law.Enforcement'Center.-'
Mr. Hilgenberg suggested another' alternative considered
by Staff, but not.presented,.was-theipossibility,of the'..Civic
Center being'ultimately,usedfor Public, Safety, Center separate
fromdetention. Law enforcement planners--said this :would not
be feasible.
f
• •
•
Page 4 Council Discussion
October 16, 1975
Jim Lynch noted the combined campus was discussed to'im-
prove coordination and'ahe ossibilit
p y of sharing such things
as data rocessio
p g, personnel department,_ and central;'pur-:
chasing.He also pointed out there would-be flexibility with
a unified campus, for future years. --He informed-Council
.they;
had -just come from a meeting'; with the Board of 'Supervisors,.,,.
and strongisentiment was expressed. to develop a:joint campus:;-,.
and willingness to work with Council on this. The County
thought options 4 and 5.would'be most'-feasible—.City 'Manager
Berlin commented that if the'- County`Supervisors are;open to'-
those kinds of proposals, and there is certainly interest by,`
the 'it
'City, would be-desirable to"maintain the liaison-at
the; elected official 'level. Council agreed on,another..dis-
-cussion on November 6th":at an`informal meeting.,[ Meeting ad-;.
journed,_4:00-;P.M. -'
Page 2
PENDING COUNCIL
ITEMS
DATE :
sPPmh
W ',W
>
F Q
w
W W
w
DATE
QWG.
COMMENTS/STATUS
m�'
SUBJECT��W
oU
REFERRED
-2
-DUE-
O
o�
-T0
a
-
cc
O- z
U1
75-39-I
League of _Iowa Municipalities
5-8-75
City Atty.,
utility review.
7 1
Citizen's Steering Committee re-
5-13-75
Rules Comm.
Meeting set with Council.,.
quest for approval of new member
and Committee name change.
-
Expansion;of Recycling Program.
5-20-75
City Mgr. '
Public Works Department, reviewing
Consultant to review in FY 76.
75-43-I
Letter from S.R.Huntley"regardin
5-27,75
City Mgr.
75-699
bicentennial.project for Iowa
Comm. Dev.`
:. .
City.
Comm. Rel.
75-1029
Prevailing Wage Ordinance.
7-15-75
City.Mgr.
'
t
Quit Claim Deed in Alley, 86.
7-22-75
Deferred from'Council meeting 'on July-
22, 1.975.
75-951
Project Green's proposal for.
7-1-75
City Mgr.
Employment of landscape architect 1n `.
landscaping of -Washington St.
&
progress.
Project Gr.
.
75-548
17th and Glendale Traffic
5-6-75
City Mgr.
Traffic Counts are being taken to
reflect school,. traffic'.
75-51-I
Proposed plan for motorcycle
6-19-75
Parks & R.
- '
Arrangements completed.
-
trail at Jandfili.
-
&
-
Attorneys
Al MOP*
A k
" - a
mot to
" - a
Johnson county
"
regional planning commission
•'�
_'• cord de Pros'=
(319)351 8556 roper( N1g�ber9
291J2,th cb�buque,sireef rowo rdwiowa -52240
sou
Members -of the, Iowa City City Council
t ,
Members -of the`Johnson'CountyrBoard
of -Supervisors. s .,,_
Residents of Johnson•County, Iowa "
- Dear Elected' Officials and Interested Citizens =_
values of planning isthe analyses of,long range consequences
One of the principal
which evolve from short-term actions.
'there hastdeveloped a
facility sphere of local government concerns,. s
include
the
In public
severaedlAdministratmve CenterSforTJohnsonpCountynts
substantial needfor the pro- "
such prole the
t Center, hrelated e Iowa CtoY
'
posed Joint indthis�reportaare essentially
Civic Ce nterLdVlThefissuesnaddressed
--
planning analysis rather than architectureCor,builnty overnmontsrand lthe developmentCof
he City
'
as the future interaction of
16
ritical othernpublicdicenciesn
Additionally,ations
it:is recognizedtthat
have impacts on local government services
of newWpublw c facilities.
and quasi -public agencies in=this area
an of'these and other issuer is the funtlamental
'
and structure. A comprehensive
-
objective of this report.
situation, the limited pub lic funds available
Given the rather tenuous economic
improvements, and the difficulty inherent in achieving 'voter
major public
for major capital
for bond referenda, it is critical "that priorities for
approval fully justified. The material contained
improvements be carefully developed and
local officials and Citizens with these important
herein will, hopefully,' assist
decisions.
pmen t of own Iowa ty
oinvestmentsoontthe
'
part of
an sby massive
The neteundertakWnglwastmade he
possibleness
rt
This major New bueldingsaappears
interests.
'
public andprivate
need forlmany ofdtheseapublia
city center development of these new facilities may require
critical, and yet, the planning and
(continued)
t
TABLE OF CONTENTS
lC-1^1G
Letter of Transmittal
c_ ti, S .
Acknowledgements.
v
'
Summary -of Findings"and Recommendations
1 ,
4
- A
Plan Objectives . . .
Methodology •
5
Existing Space,Resources. .
'
Projected Space `.
20 •.
-
Current -Schedule of Public Building Improvements.
Current
33 .
'
Building Priorities -and Locational Alternatives
38
;
'
APPENDICES -
A. Relevance Other.Studies. - •_
51
,of
B. and -Counties .-
• 54
:Experiencetof.Other:.-Cities
". ;:
C.' Rent; Build; or Remodel":'.
58
r, I
D. Technical Supplement (Under Separate Cover)
- -
-
BIBLIOGRAPHY
1
-
LIST OF TABLES-
r
n LIST -OFFIGURES
1.
Buildings Occupied by Iowa City and
-
1.'Location
Map :, -
8
Johnson County . . . . . . . . . . . . . . . . .
. . 10
•2:
11
- -
Iowa City Offices . . .".
2.
Current Space Requirements for Iowa Cityr.
13-
.3.'Johnson;County
Offices .-. .•• .-• --• -q
14 °
Offices . . . . . . . . ... . . . . . . .
.-
3.
Current Space' Requirements for Johnson-
4.
OtherLPublic;and;Quasi-Public Agencies ;. f
County Offices. . . .
. 161.,
5,-
Johnson County Population Projections20
:. J, nA14-
4.
Current Space Requirements for Other
Public and Quasi Agencies. . . . . .
. . 19
6.
-
Space Projections for Iowa City Offices. ;-
`
21
-Public . .
t
• - 5.
Future Space Requirements for Iowa City
22
7.
Space Projections for Cowity Administrative
Offices . . .`
Offices., .... s E-23
6.
Future Space, Requirements for County
8.
Space Projections for County Judicial Offices
�,
24
Administrative Departments. . . .
, 277�'
- .
9.
• •
Space Projections for City/County. Law Enforcement
25
7.
Future Space Raquirements for ,County
. 28
10. ^Space
Projections for Other Public and Quasi
Judicial Offices . . . . . . . . . . . . . . . .
.
Public Agencies.:'
1
S.
Future Space Requirements for City/County
29
11: -Alternative
_. _ .
#1: Separate Locations
41
-
Law Enforcement . .
.
9.
Future Space Requirements for County
12."Alternative
#2: Peripheral Location
'43
Miscellaneous Functions . . ,'.
30
13.
Alternative #3: Courthouse Governmental Campus .'
'45
10.
Future Space Requirements for Other Public
and Quasi -Public Agencies . . . . . . . . . . .
. . 32 „,_
14.
-
Alternative #4:.Civic_Center Governmental -Campus [:.
11.
Current Schedule of i-lajor Public Building
15.'
-Alternative #5:--Compact,Governmental Campus
49 "
36
Improvements. ' . . . . . . . . . . . . . . . . .
12.
Building Proposais in Iowa Counties . . .
54
13.
Characteristics of New County Buildings
in Iowa ... .. . . . . . . . . .
56
,
14.
Characteristics of City -County Buildings. . . .
. . 57
r
; { �-
ACKNOWLEDGEMENTS
_.
;.� i ,._ •,
q
>r dot F"' •.
The preparation of this report was accomplished.;
,.
<:
through; the cooperation of numerous individuals.
_.. : ..
-
Johnson• County Regional Planning CoRaniss�on,,extends
_.
its appreciation to all individuals who assisted in
_;
'
this effort. -Special appreciation is extended to
Joe Pugh, Finance Director for Iowa City, Delores
_. _
Rogers ;'Johnson'County Auditor, and the staff of
,
these two departments, for their assistanceA n pro-
'
viding;_data. Finally, the Regional Planning Com-
mission staff extends, its gratitude to all of the
_
department executives and agency representatives
_ a a C "T
who participated in this effort.
Staff Participants.
•Lynch a .,Project Director : `
„
.James
Peter. _Gardner Research,
Graphics
-
fT :1
Kelly-McMullen Editing and
•
Brad Harvey Graphics
-
Sa11y Blanton .- TYPiP9
Frances Gordon ' TYPin9
Robert Hilgenberg • Executive Director'
`. Senior Planner
j qRT Nom}
Barry_Mokanson-: .
SUMMARY OF FINDINGS
AND RECOMMENDATIONS
current .
1985 M
Need
Iowa City and Johnson County are currently in the
Johnson County
P of reevaluating their facility requirements``
Administrative 16,361" 18,828 ` 21
_
which have, during the past several years, become
judicial` 19;060' 20,852 "1 24'
-overcrowded. Of particular concern are the following '
Miscellaneous 501-947 61,527 t ` .69
needs:
Iowa City ;,., ,ca.
1. A building for County idministrati4e-
--
- 29,2-
Administrative 25,355. 07�(Co� ; 33
offices -'r
--
2. A building for -County -judicial offices
-Caw: Enforcement_
3. A Joint Law Enforcement Center
`
_4. Additional space for City administrative
Iowa+:City Police 6,500 v: -8;043.'-..'i' 9
departments
County Sheriff/Jail/ : 13,000 :16,656 -1� 20
5. Facilities to accommodate other public and -
Civil Defense, ;. `
quasi-publicagencies in the Iowa City area.
�,:, - -- r' "•-'�"'r^gib
_
- The Johnson County Regional Planning Commission was
TOTAL NET SQUARE FEET '`131•1223 — '155;086 :178
asked to analyze the above facility issues and to
assist local decision -makers regarding alternate
2. The other eighteen`public and quasi�publ
solutions.
agencies,,which`:areincluded in this reportdispla
_
The following is a brief summary of the principal
— , } _n
only minor problems in regard io the total amount
_,.+.
findings and recommendations which were developed
space required '.The principal'id-iffficulties as id
during the conduct of this study.
fied by these agencies include:'
= •e
1. The and County departments included within
a. The separation of agencies with highl
.City
related -functions '
the scope of this study are projected to increase from
i5rb:The' lack ,6f visibility =!=U
the present requirement of 131,223 net square feet to
c. Inconvenient and scattered locations_
:
thr0ughout the IOWA City area.
178,899 net square feet in 1995:
3 -
Asia-part of he analysis-of county reorganization,
(e g ,Courthouse remodeling) ;until along range
it"w ould'seem;'advisable`to consider the feasibility
building program is adopted Y bra '
.,_
- =.
of consolidating certain local government operations.
9 Determine the degree of responsibiliti
In the`,functions-of personnel"administra-
assistance that -"the City and County will render',1
particular,
tion, data"processing,`animal'control central purchas-
other public and quasi-public agencies in acquiri
-- _ -
ing, long-rangerplanm ng,'and certain technical
- improved office arrangements
services (i-g--,printing and-duplication) might be
y:. 7
considered asam_consolidate-d'operations
-
'4..thescheduling of'major' building referenda
-
-.
in a manner which"avoids"the"problem of an excessive
number ofproposal's being``presented at the same
time.
r+ r _
5.`The City 'and `Countylsh`ould-'consider the use
1:7 Fi-
of General `Revenue Sharing and'Community Development
Act`monies`(where`applicable) to offset the tax levy
- impacts`of major building'`projects.
6. Design future City and`County buildings to
accommodate a':`twenty-year growth projection
-
7:Considerlestablishing`a City%County`Building=
Committee (composed of local 'elected officials, ----
-- - -
citiiens, and'appropri"ate `staff members)'to develop
a coordinated public building`prograr'and to recom-
mend solutions-for' the-Imyriad public"building;issues _
8': Postpone�1 1 major facility improvement
-to}
"'E. +"" `
PLAN OBJECTIVEST.-'To�provide'liaison'anG
coordii
services for the Joint"::Law•Eni
Project;
this study is to examine the space
:.,g; -To'evaluate=and recommend var,
The purpose of
=alternatives for{solving their
"
utilization problems of the administrative -offices for
_
deficiency and locational prol
dJquas
County,•and.:certain related quasi-
governmental and relate
Iowa City, Johnson
agencies.
public agencies. More-specifically,ithe objectives
�r,u1 bns
of theistudyare as follow �`
1 survey and.interview:the affected
' N
.;To
agencies in order to determine, current
commitments for space;
2 To determine the resulting deficiencies
'
in space -:arrangements in terms of both_
t
current; and future needs,
the ,interjupisdictional and
'
3 To examine
of various
interagency implications
>space.arrangements; _
4.+?To evaluate the -potential use of major
-buildings which are not committed
public
.. for :use;
5 " To provide specific recommendations
_ ^
regarding•the.County_Ambulance;Service
the Close Mansion, and the old post
office and the County ',Courthouse';
.
6: '7o -evaluate the effect aM`implications
of,the-,Iowa. City Capital Improvement
-
Program on space requirements including
=
alfernate usesfor any facility that may
be:replaced. :.
'.-t ."1....
1. ,
5
..METHODOLOGY
- =
5. Collect historical data relative to
and work :load,
The office;space..evaluations-contained in this
Z.
- a
develo ed from aset'of Procedures asre ort were
`, .
Projections
outlined below.:-
%The data `collected above was usedt,to`establi
Current Conditions
growth trends-for each-department or•�agency`'>;Ofl
particular significance=in the projections are:
The first task of the space survey involved
(a)=theiprojected'growth of the jurisdiction,
interviews with department or agency heads and an
(2) possible organizational changes in.the unit
- inventory of all personnel and equipment. This
(e g thejassumption of new responsibility),
initial data collection phase. was then fol lowed, by
(3)'antilcipated:technologicalvimpacts;(e g
an analysis of the -information. ,From the interview
-:.
ization of "records, (4) legal c'onsiderations.(e".g
and analysis,a space profile was developed which was
-
impact of,>new or: pending: legislation.-Where_po_ss
then verified by the supervisor. Basically, the
� `
a "work index was_-established for: each d-epa
steps in analyzing the current conditions of the
' ment-which was' used, to, determine'.the` historical:.'w�
offices are as follows:
load of the unit. A trend line vas then develope
1. Examine existing-floor-plans
--.
between population growth and work load: This to
2. Meet' with-department heads to deter-
_ nique generated future personne L and space requir
mine perceived problems in current
for various,units'.
space-arrangements
When it,-proved-impossible.-to establish or ut
3. Establish the organizational structure
the work=load A"_ndex,a more subjective procedure
of the department or agency
"'' `
employed Essentially,;tM s alternative method:
4. Inventory all areas within each unit,
consisted of a comparison of historical personnel.
noting deficiencies and space
trends and anticipated unit changes ;as .revealed: ba
requirements
-
the supervisor. -1n all cases the assm�aotions,,pr
1
6 -
The current and projected space needs are
jections and other data contained in the unit
expressed in net square feet. The space Stan
evaluations were reviewed by the department or agency
-
dards utilized in this report are_contarned'in.;the
'
director.
to the normal growth -in -each
Technical Supplement (under separate cover)'; :,
In addition
Building areas such as restrooms, mecham cal equip
department or 'agency it is also anticipated that
ment, wall space and major corridors are not inclu
new functions of local government will be created
The space consumed by these ancilliary functions i
over the next,twenty years. Some of these func-
dependent upon the architectural design of aParti
tions will be assigned to existing departments or
cular building. The ratio between net and gross
agencies while others will necessitate the crea-
-
square feet varies between the type of building an
tion,of a new organization. -Examples of this
the definition of net square feet. For -,new constru
type of growth include the creation of the
tion or the remodeling of`modern buildings, the
'
JCenter and
Johnson County Data Processing
City Human Relations Office. The his-
ratio between net and gross square feet is approx-
- Iowa
imately 65%-75%. The ratio or building effiCie ncy
toricaL growth of the city and county government
for older structures' such as 1. the County Courthouse
was reexamined in an effort to anticipate the
60%.
likely impact of this phenomena. Over a twenty
is approximately
'
year period it is projected that the city and
county will experience a 15% growth in space
requirements due to the emergence.of new functions.
This growth allowance is referred to as the
"growth factor" as it appears in the space require-
ments data.
-
certain related
quasi--puoI]c_dgen{.icb-
description and
space evaluation
ofthesedepartments
'
and agencies is
included in'='the
Technical
Supplement
F�
which has..been,_released.under
a
separate
cover.
EXISTING SPACE RE SOURCES
_
C9ty and County government is administered through
t
34 offices which have a total of 672 employees. These
nff;ce9. 22 County and 12,City, are located in 16 --
certain related
quasi--puoI]c_dgen{.icb-
description and
space evaluation
ofthesedepartments
'
and agencies is
included in'='the
Technical
Supplement
which has..been,_released.under
a
separate
cover.
t
NOTE: ;MAP ICY: APPEARS 0[ FOLLOWING PAGE
tI--
;TABLE I
10
�+n CITY JOHNSON COUNTY
L
1.BUILDINGS
BUILDINGS OCCUPIED BY
.
-BUI_
HE7 OWNED/—
LING
CONDI
BUILDING
- 5fl FT, LEASED
Johnson County
18,643 owned
Poor
f
Courthouse *
9;700 ',
poor
Jail
,owned
leased
good.-.
9
1 ,
10,500 .f,
Social Services
o
10,800 owned
poor
Close Mansion*
q,440+ owned
good
Conservaton Department
Conservation y
good
°-Secondary Roads Shop
4>101 i owned
i
r
fair
r
2 , 000;,; owned
4
' Ambulance Service.,.,:-'
2 000„• :leased
fair `
_
County Attorney
leased
fair
>Conmunity Court Services,leased
1;300
fair:
rx”
**
Federal Building
' ----- - -
,
Iowa Cit _ < -24.000
owned ._
good
r n
7 t:'Civic _Center
1 530 , leased
fair
Davis;Buildin9
r_ owned
Nn
fair
_
Library
NA , owned
- good
L
Recreation Center
Nn ,.t
owned
poor
Maintenance. Center
Nn owned
fair
e
Transit Shops
owned
poor
_ -----i
Hater Division ShopsNn
_ '-craned
_ poor
Animal Shelter
- - *_The Coure currently being remodeled.
rthouse and Close Mansion a
condition refleci- current
Rating the building as
of poor
:conditionfor
situation only and not
is
the post -remodeling
currentlyning leased by the County use
**The Federal Building
nt.
and ithese
it �Motor�
the
y thedBoard 9n theenear
officeseand
future,rvisors
be located on the Courthouse groan' -s-
Vehicle Department will
build ng.
SOURCE: Johnson County Regional PIan,nirig
in a modular
nt
12
Iowa City Offices
difficulties can be overcome. Indeed,
The major facilities for Iowa.City,offices in-
,the„Civ
possesses-many, advantageous characteristics suc
elude the Civic Center and rental space in the Davis
(1) a site which offers building expanonpo
Building. In general, City offices do not exhibit
Rsiss 4 s
(2) publicly-owned landnear the building;forff
critical space problems, but, nevertheless, several
civic development, (3) a reasonably flexible, f
inadequacies are apparent:
design, (4) a.building which wil„1 last for the
I. _ There exists"inadequate space for certain
future, and (5) adequate-visitor:and employee. p.
city offices; particularly,: 'City
Clerk,- Police Department, Fire Depart-
Table 2 contrasts the current s pace in ea
menta=.Finance_Department, ;Community
office with an estimate of current:needi, These
Development,and Administration.
2. `The separation of offices between
are expressed in net square feet which does not
thetDavis Building and the Civic
areas required ',for major"corridors, wa11_space„
--
Center"-is:an'inefficient arrangement.
mechanical equipment and-restrooms.
3. The buildings are not accessible
In general, the data showsthatthere is CI
to handicapped visitors or employees.
4. The buildings are not convenient to
a deficiency of 7,959 net,square'feet ,:The Pol i
Countyoffices.
;
Department*, the Finance Department, the"Communi
_
5. The' central air conditioning system
Development Department, and the City Clerk 66coL
does-not provide adequate air circulation.
for the majority of the space deficiencies. --
6. The Civic Center is -located within the
nt
..'..
_ r
V-
=
- TABLE
2
'
FOR IOWA CITY OFFICES
-
CURRENT SPACE
REQUIREMENTS
%
CURRENT
SPACE
- NEEDED
DEFICIENT
'
DEPARTMENTSPACE
(Net Sq. Ft.)
(Net Sq. Ft.)
1,193
56
764
40
.. Clerk
2,528
3,555
`
175
Comm unity Development
80
220
-
62
r-
Community Relations
= 4,711
2,900
8�
Finance'
6,430
361
.
Fire '
80
369
Human Relations
290
573
97
Legal
915
73
528
40
_
-
-Manager
455
639
102
Parks/Recreation
659
Personnel
_ 325
7.026
29
5,426
Police
11552
11607
28
Public Works *
3,064
3,950
Conference Rooms
32,381
33
24,422
(average)
TOTAL _
*Includes space
in the Civic Center
'only.
1975.
Regional Planning Commission,
SOURCE: Johnson
County
16
-
TABLE 3
CURRENT SPACE -REQUIREMENTS
FOR JOHNSON COUNTY
OFFICES
..-.
-"- r DEPARTMENT
- ��'.; -�
CURRENT
.-
-
ac ,�t�•„r
.SPACE
'z
.,. -
SPACE - C: EOE - -
NEEDED
.. DEFICIENT':
-
(Net Sq Ft.) : (Net Sq. Ft._)
- -.
Ambulance -
..•.,:.,
2,000 " 2.139
`
Assessors;
1978 ! -
,�•2 288-""jb
'6
'
;;i .l iVG
2,000 2.165
.' ;Audi for
2.451
12
-
' Cl erk. of, Dist.. Court
`
2 e9e "3
..
rt 4
sLzS
- - "-- --- _.
Conservation
613 -
:" - " ,... 7
`"..4440
" 25
_
-
.4440
D
Daia Protessing
1,045+9
ii 4rs,
". 'District Court
-- 5,862
`
Heal the ... -: -
•-.
'9,598 ,.
.. -
1,200 ... __ , .:
- 64
-
0''�
--
;1 817
51
.-
-
:: .. Coonty-Home
: _ '.," i -"
39.883 '"; .; 39,883
-
o,,-:::
_Juvenile Probation
438
Motor Vehicle
1,195
17L
_....
,. :,.
: 1 159 :1.997
:,,72.
Real,;
order
-.._:"
1 478"
' Secondary Roads ""'"
.-1.9101
.4,101
29-
' '"
Defens¢'"
,114.101
9.700
-
26,'-190Sheriff/Jail/Cibi
170-
-
..:; Social.Services•'.
-(10.500) `(lo 500) r . z,r
- "_
. (a
-
- - Supervisors
1.000 ! ... t -
1;854
-- -" - Treasurer '` •�
-
2.043 1,450
85
+70
` - Veterans Affairs -
- - 209384
84 `-
- Visiting Nurses"
'toning
t .`� f r+ .;.
(1.600) (1.412)
..
(+13)
:n
"
-.:_300 i _ r r ":654 ,:[
ii
. •
e4.
>e ,L,
- - - Conference Rooms
1.458 ''' r -:
""
..
.,
_
,_ -.3.6,35
149
TOTAL
.. _
85.312 r 112:6117
32:. _.
,
,.:..,...
--
_
(ave.):
: i JiiiJr
*The estimated space requirements for .the Sheriff ,Jail and Civil"Defense
developed by
.
i
_wasarchitects
- in the phase I Feasibility
for the Joint Law Enforcement'Project. as
Peport.
report¢d
4 tl ua„t+: y_1p�7;. _, ,;
_ ,. •
c. r
f�
"The Social Service. Department and the Visiting Nurses.Aisocfation are
technically County departments.'
r4t-
These agencies are included in the above
table because of their "relationship with other County functions..
SOURCE: Johnson County
Regional Planning Commission
jts j S- :5! -
xation
In the previous'. section we examined space
deficiencies of the three entities (Iowa City,
Johnson County -and quasi -public agencies). The
70,
-O
purpose -of this section is to detail the projected '{
O
t:
growth trends,-
►+tc-
MID
The office space projections included in this
60
report are based upon'a twenty year time frame.
It is -felt -that this relatively long period of time
is necessary, because of the extended depreciation
50
f"
schedule for public building investments. Thus any
new building should be built not only for current
i
demands but also in anticipation of future growth.
40
CL
While it is difficult to assess the size of gov-
d
V
ernmental operations over a twenty year period and
-
Q .
_ indeed en the prevailing structure of local
30
government by the year 1995, it is felt that the
-
- following estimates provide a realistic benchmark.
20_
-
10'
-: FIGURE 8
r
FUTURE NEED (of year 1995)
;,
requi r ed b the
Y year 1945 is almost twice the
CURRENT NEED
space
currently available -ahe departments;,whichlare,`pro
AVAILABLE SPACE
jected to experience the greatest"growth`
include the
City Assessor, County Assessor.Oounty;Auditor;Heal''
-
Department and the Board of Supervisors. Ad di
-
it is expected theneed for conference rooms and: -the
-
establishment of new functions in County government,:_r:
(referred to as the "growth factor").will consume -.
considerable space resources over_the next twenty
_
years. (See Table 6 ) - -
-
(County JudicialIF )
These offices include the County Attorney, the
District Court, the Clerk of Court; Juvenile Probation'
and'' heDistrict Court Corrections: Department. Al1.,_
of these functions are intimatelyrelated to the
5,500
-"
judici4l system; therefore,` they are treated as a;'
collective entity.,
6,000 -:
The 1995 projections show` -a growth of approximateh
51000 squ#Qe,�feet`(30%)` The current deficiency:of
(''
space is fairly substantial;`
LU6,000 square
5
-
13,000
:feet..The
functions exhibiting=the greatest_growth include -the_
County AttornW s Office, the District Court and the
rA i-
District Court Correstions'Department. Not included '
-
t. ii
COUNTY JUDICIAL
OFFICES
IJITAI , '.I .I`.,: s'i1t100
26
The twenty-year-space;'projections'utilized for ;
the„Count Home, Secondary Roads; 5Social5Servlces and
Y„
De artmen'weredevethe County Sheriff's b *'
Vetrans.Affeirs, .hlletese functoe
snre thloped
consultants for, the Johnson!County Joint
prima �focus,of the study, they jare,includednforsq
architectural
Enforcement Center. In general the data shows
informational purposes.,.,.; =�, �� ++Y„ -}a� Strain s
-Law -
that a building with a net area of approximately
,
The=most significant findings revealed byctheti3
., _.
30,000 Square feet is required to accommodate
�r,:it5
survey Include;the:planned expansion of�¢the Count3ea .
the City Police, Sheriff's Department, and related
Conservation, epartment;and the anticipated needato''
J -
expand,and remodel ..the County. Home +�?tbtl
facilities.
;existing:
The facility requirements for the year 1995 are
(See Table }. 9 )” - Y ? S:_-• asga.'9moz
91%Y reater than the space currently utilized b these
g
r..=. YFS TTiasgR
two departments and their related functions. The
ri; 11106u,12:,
primary factors contributingto the enlarged space
�ioryd u'i°2
requirements are: (1) the expansion of the two depart-
ments over the projected period, (2) alleviating
,; .vcJ Xinuo3)
severely constrained space -arrangements which currently
3
exist, and (3) theYprov sion f space for new or
uU,r
improved services_(e:g.,_laboratory.rooms, record
�}c J - °=
_ -
t 1 l
storage,,and'booking areas) -`'(See Table 8 for
1 aq{:Irides
•: J._
future space requirements for City/County law enforce-
�� 7 zuozryoz
merit.)
- i
{ t- i ,.. '
-Functions)
�n ,. Vii. f.;if•`_a- .,., -- ::
(Miscellaneous County _
- ;--t u n,;iarur
This category -of -County -offices includes:{_Z,
32 J
the Ambulance Service, the Conservation Department,
0 3 M, t)9 C ' l -_3 4k."A J
_5
=0
'
TABLE 6
-
'
FUTURE,.SPACE_.REQUIREMENTS;FOR,
'
JOHNSON
COUNTY ADMINISTRATIVE':DEPARTMENTS
SPACE
CURRENT .-NEEDED
SPACE
NEEDED
SPACE
OFFICE
NEEDED
SPACE ;1975
1985
1995'
Assessors
1,978 2,288
2,485
2,560
Auditor
Data Processing
2,180 2,451
1,045
2,505
2,660
21
1,045
1,100
1,100
Health
1,200 1,817
1;997
2,188.
Motor Vehicle
1,159 1,997
2,185
2,373
Recorder
1,478 1,910
1-910
2,000
'
Supervisors
Treasurer
1,000 1,854 -
2,114-
2,114 .
1,500 , 1,500 "
1,500
11500. -`
Zoning
Conference Rooms
300 554
584
684
0* 945*
1,134*
1,323*
Growth Factor
-
TOTAL
-
1;314
2,775
11,840_ 16,361
18,828
21,277:
'
* Does not include
Board of Supervisors Room
is included
in-above _data ._-
_. -which,
.-
'
SOUP,CE: Johnson
fuounty Regional Planning Commission,
1975
f
_
TABLE 8.
FUTURE SPACE REQUIREMENTS FOR CITY/COUNTY LAW ENFORCEMENT
(For 1995)
_
JOHNSON
COUNTY IOWA CITY
Sq Ft.
TOTAL
(Net-Sq.Ft.)
- (Net Sq.Ft.) (Net
FUNCTION ..-.
' 2,380
2,380
Sheriff
_14,480
14,480
Corrections
700
700
CiviX. Defense
3_,1603;160
City Police
'
Consolidated -Services* 2,753 6,427
9,180
'
20,313** 9,587**
29,900**
TOTAL
'
jointly shared by the City an the County Sheriff,
*These areas are
and are prorated on the basis of use
to a
lity
**Thesef'9stantial revisiobslicaewould belnecessaryfcinCorder
toocreflect
only; sub
the space requirements of separate facilities.
***The estimated gross square feet requirement for City/County Law
'
Enforcement is 42,910.
Feasibility Study"
SOURCE: "Caw Enforcement and Corrections:
April 1975
Brown -Healy -Bock, Gauger -Parrish,
Vie• '-.. ...
-
... ...�(
1
FIGURE 10r
si
Other Public and Quasi -Public Agencies
FUTURE NEED (at yearl980)
The agencies included in this category include
CURRENT NEED
regional , -state, federal, and certain,z private non -
AVAILABLE SPACE
'
profit organizations:. These agencies are included
in the study because they have interaction with local
units of government. -
'
For the purposes=of this study.' the agencies
:;•; -'
can be divided into two groups. social service -
delivery agencies and administrative -type agencies.
The complete list of agencies is shown in Table 10 .
The space projections for these organizations
1000
"
is based upon a five-year period. ; Due to the frequent
:.........
.. 9
changes in the size and organization of these agencies
it proved impossible'to develop twenty-year projections.
As stated in an earlier section of this report,
3,000
the primary problems affecting these agencies are not
-5 200
.,
related to thea mountof space needed, but rather:
-
(1) the separationTof agencies with highly related
functions, (2) the lack of visibility, and (3) the
17.800 -
inconvenient accessibility for clients. In
r
the "Building Priorities and Locational Alternatives"
section of the report, various proposals which attempt'
to overcome these problems are considered:
■
■
SOCIAL` SERVICE
ADMfINISTRATIV
AGENCIES`,
AGENCIES
32
TABLE 10
UTURE SPACE REQUIREMENTS FOR OTHER PUBLIC
AND QUASI -PUBLIC
AGENCIES
AGENCY
-
CURRENT
SPACE
- '
- _
SPACE...
NEEDED
;SPACE-
NEEDED
~"
1975-
1980' :=
1
Agricultural Stabilization/
1,300
Conservation
1,760
11760
Board of Education
9,600^'
Community Mental Health
15;000
.16;000,
EC IARPC3;107---,
1,800
2;875
Employment Security Com.
240
6,000
432
650 .. '
_ Extension Service
1,735
6,000
6,000
:'Goodwi 11
_
1740
1 ,740
.,
_
"HACAP
_ 3,400
3,400
3,400
iHawkeye Legal Aid
600
950
1,000,
Kirkwood Learning
2,000
2,092
2;272
_ Mayor's Youth Employment
2,500
5;+063
5;243 .
Problem Drinking Center
350
2,100 -
384
384
Red Cross
1,934
1;934
-
Regional Planning Commission
550
1,788
702
702
Social Services
1
2,541
2,691
Soil Conservation Service
1500
10,500
13,500
United Action for Youth
-
400
1,000
789
789
f
-
United Olay
3,05.3
3.147
Youth Emergency=Shelter
1,200
2,500'{
899
1,000
707AL
2,500
21500
49,563
62,614
67,619
SOURCE: Johnson,county-- Regional
Planning Commission
_-,`
34
(3) The effect'of.extensivegeneral obligation
-to determine6t,thispo-in,t-,be.cause.the.-,County!has�-nc
bond financing.onIocal.,proppr�y-.,tax,rates.,
—A
adopted a long-range master plan for, al. I., facility-
While there exist no, easy solutions7- to th.eabove;-
-
improvements,. .Prior to proceeding with -ex. te n sJ ve
the latter sections of thisreport will suggest ways to
r - emodeling,o I f,the o I Id Courthou I se, it I appears 6-ri'66
minimize. these constraints—
that the County determine the .most :feasible and,desi
Potentially Confliciin'g�Proposals
.course of; action; for .all,of-their -facility:needs ''
One'of the essential,responsibilities which is
The�proposed.Joint Law Enforcement: Center,-whic
addressed by -this' report'is'theAdentification of
is intended to serve as:headquarters for _-_the Aowa.Ci
9- facility -'
conflicting proposals.- While this type of
Police Department,. -the -Sheriff's. Departmle,nt,.and-Ja*
analysis is particularly`sensitive from a 'Political
facility, is also a matter of -concern., 'The primary.
7problem
standpoint, -it is also critical that these proposals
involves the differential priority which -ha - s
be justified to the voters as efficient and cost-
been tentatively -assigned to the project bythe_!Boar
effective solutions ,
of Supervisors -and the City Council., This-schedulin
Two proposed projects are of particular concern:
issue creates.a-problem.in regard -to the. overall Aes
-(I) the -remodeling of the Courthouse, and (2) the Joint
of the facility,
Law Enforcement Center. The Courthouse has been under
Specifically,. th,e-architects,fo.r.the. projpct-ha
f
remodeling for the past two years and the future plans
indicated that -a staged construction: r posa,l where
01
include the complete restoration of the facility. The'
the County would construct its portion of,buildi
t.he�
significant issue ��66relis_the fact that no'definite
by an-addit
first to be followed several years -later'
plans have beenadopted'regardingthe future use of
to the building to w
,provide space for the,lo a ;City
the building. The architects_forthe project -and the
Police,Department is difficult to achieve. In the, p
Board of Supervisors have tentatively -'planned using
liminary,des,ign,of the building, it has been.discove
. . . . . . . . .
thebuilding0 County -judicial -;offices.' While this
that a major portion.-of.the building: (321x) is for:,sh
may be the best use'.of the building, this is difficult
City/County functions. The difficulty with the stag
-
TABLE
36
-
CURRENT SCHEDULE OF MAJOR PUBLIC BUILDING IMPROVEMENTS)
FY79 FY80'
FFY78
Y77
FY76
Repair Recreation Center
Police Department ,;,
(City`share`of Proposed
IOWA CITY
Equipment
Animal Shelter - $2,500,000 $500,000
Joint. Law ;Enforcement
` ••
5100,000 Library
Center) 2- ,_
S3,000,000_5906;000
Courthouse Remodeling'.
_..i. <.
JOHNSON
$800,000
"• County'Heme
COUNTY
_
Addition; -and
County Modular
' Remodeling4
Buildings -
51,000,000
580;000
�- County Law Enforcement '
$2,100,000
------ County Administrative Building-
$2,500,000
$2,500,000
OTHER
School Board Remodeling Sabin
for School Board
Equipment 'Re'pair
$350,000`` Offices6
State ang Federal $30,000
:Building
NOTE:
Footnotes appear on the next page. -
38
BUILDING _PRIORITIES AND
LOCATION A L =ALTERNATIVES,
tion to the proposed projects, but rather will4. offer
a set -of criteria to judge the relative meritand r
The ultimate objective of this' study is to develop
: need for-th& suggested improvements:
a public building program that adequately addresses the
1., Projects.which provide replacement of ,-
three entities under consideration (,Iowa City, Johnson
structurally unsound. buildings r
_ _ ..
County, and certain other public agencies in the Iowa
2. •Projectswhich replace or improve
City area). It is recognized that the process of
,.
facilities exhibiting substantial obso
lescence;and/or space 7deficienciesir
_.:establishing this building program has been underway
3... .Projects.which provide publicly -owned
for several years and that this 'effort will necessarily
facilities for departmentsluti1izing '
- -_
continue for some time. it is hoped, however, that "the
leased space, (applicable :only when theme =
'lon'g'range costs of leased space is: more;__ ='
information and concepts 1 presented in this report will
_ .than_.a publicly -owned facility) ,.-
assist and expedite these decisions.
- 4 Projects which provide'new quarters:for.
-As discussed in the previous section, there
functions which"are inappropriately :.
isolated for other related departments
exists a substantial number of,major building pro-
5. ,.Projects which make maximum -,use of
-posals which necessarily compete with one another.
exist.
7ng.resources
_
The purpose of this section is twofold: first to
6. Projects which have a long useful life '
examine various criteria which may used to establish
and minimize _long-range costs. ;
the relative priority of the proposed projects, and
The above criteria is not an exhaustive list and
secondly, to examine several locational alternatives
pernaps local -officials may choose to incorporate
for the major public building proposals.
additional factors.
Building Priorities
LocationalAlternatives
The matter of establishing building priorities
Five basic locational alternatives are offered'.
ultimately rests with local elected officials and the
These include:,(1) a,separate location for City and.
voters. This report will not assign priority designa-
-County buildings, (2) a peripheral location for basic
. 1
1
i
40
a-
Alternative 1: se crate Locations
This alternative envisions-the eventual construction
Enforce
,.
a County Administrative Center, a Joint Law
County
j
Of
ent Center and the reuse of the Courthouse for
be --
'�udicial functions. All of these facilities would
in the vicinity Of the existing Courthouse.-
lcoated
eventually construct a new library and
The City would
to the existing Civic Center.
provide an addition
alternative would providetwo
Essentially, this
- governmental campuses:
Advantages
of existing buildings
-
1. Efficient use
distinct images fo_rCity
2:'Maintains highlyd
and County government
of
3. Maintains centrality governmental
the downtown area
services in
Disadvantages
lc Establishment of two, competing
= Governmental=campuses.
- Z: Does not provide convenient accessibility
City
and interaction between
government
the event local _ _-
3. Is not highly adaptable in
undergo extensive organiza-
government will
tional changes.
WASHING O
saie or Lease
— of Present
s 0
Courthouse
Used for
' _ �,emer��rl ii,■ ,_Aiwjwk,ICOun1
1.� Funci
®im
A
- t ir`41 glF iGFl ii
1•. -
t
1
.
i
E
t
2 -
1
i� i
44
Alternative '3: -Courthouse Governmental Cam us
-
This alternative would build upon an already
3. If a new Civic Center were constructed
close proximity to nice
established governmental services area. In the
the County adm ativ
bu�Iding,.this would:encourage
Courthouse vicinity, there exists the Federal
improved,
coordination between it ...a County,governr
Building; also; nearby is the Sabin School which
and provide adaptability for- possible channr
in local go4ernmenY
may be used_for the School Board Administrative
structure.
4. Maintains
Center. Although theavailability of land in the
the centrality of governmental
services in the vicinity
area is questionable, the general development
of the downtown.
Disadvantages,
concept might include a new County Administrative
1• It is highly questionable that.suffi6ient.,la
Center behind the Courthouse, the use of the Court-
in the area could be acquired to adequately
accommodate
•:house --for County judicial functions,- the construction
all of the City 'and County buildi
of a Joint Law Enforcement Center within a block
2. The eventual construction of a new
in the Cent
of the court facility and the possibility of accom-
,Civic
area is highly qu'estionable,'and ;f" ;.
achieved would probably not be
modating a new Civic Center (perhaps by 1985 or 1990)
accomplished
for ten to fifteen years.
in the same area.
Advantages
1. Reasonably efficient use of existing buildings
2. The possibility of eventually developing a
governmental campus with City, County Law -
-
Enforcement, judicial, School Board, and
Federal offices:
_ _
_ - �.•i 74R:
R
N
1
T
i
�E
1
`r _
k
46
;.
Alternative ;7#4: Civic Center Governmental Campus
Disadvantages
This proposal was first presented during the plan-
1. Building; sites are located along the' Ralston.
Creek floodplain and would require`floodproof-'
-ning and developing of the existing Civic Center.
inq
Specifically,:the proposal would include the location
2. Requires alternate use (or sale) of present
of new County and the law enforcement buildings -near
Courthouse
the present Civic Center. This concept could assume
several forms, a specific proposal is provided for ex-
position purposes A new County, Administrative Center
could be located on the north half of the Civic Center
site (allowing expansion; space for the Civic Center).
The County,judicial and the joint law enforcement
building(s)could be located on the southeast corner
-of Burlington and Gilbert.
Advantages
- -_
1. Efficient use of existing buildings (the
present Courthouse -could be`sold or leased). _
2. The encouragement of; improved coordination
between City and County-government'and the
adaptability to adjust to future changes in
the -structure of`_local `government.
-.,
3. Maintains the centrality of governmental
services -in the downtown area: -
r
O
Cl
o
'
o
n.
�
Sabm
�
_
ice,
�,�
o
Q�
48
Disadvantages
Alternative n5 Compact Governmental Campus
1. Requires abandonment of existing
This proposal would provide for the establish-
facilities.
.T
menf of a high-rise governmental campus comprised of
2. The high-rise solution is a.more costly, ;
City/County Administrative Center, a new judicial
alternative than others presented.
a"Hera
building, and a Joint Law Enforcement Center. `All of
these facilities would be located on a single block.
The Courthouse could be sold or leased for
"existing
uses such as: (1) a State Office Building or (2) a
Social Services Center. The existing Civic Center
would also be eventually abaondoned by the City and
either sold or leased. Possible locations for the
- proposed new library are .31so shown. -
Advantages
I -Encouragement of improved coordination
adapt-
between City and County, and the
ability to adjust to future changes in
the structure of local government.
2. Maintains the centrality of governmental
services in the downtown area.
3. Provides new structures for all basic
thereby;
governmental functions and,
maximum design coordination.
assures
[POD O
u
Sabin-
��i
o
a
u
o4
C7 8
Cl°a
a
Q
a
13
El
50'
The Interface Between Local Government and Other
quasi -public agencies, (2) the establishment of .a
for these agencies
Public and Quasi -Public Agencies
committee to negotiate collectively
The.above'discussion was primarily concerned
with private investors. This -latter, alternative
'
with building alternatives for Iowa City and Johnson
could include either the lease of a new building or
County. The purpose of this section is to examine
existing office space:
'
alternatives for other public and quasi -public agencies
in the Iowa City area:_
'
f•
In examining the space and locational needs of
--these
agecies'in light of the building alternatives
n
._
for Iowa City and Johnson County, several possible
solutions are apparent. These include:
1. Leasing existing public buildings which
will be vacated by Iowa City or Johnson
and,
;County (i.e., the Library perhaps,
..the Courthouse).
'
2. leasing space in underutilized buildings
,(i e:, the Federal Building).
,.
3. Leasing spacein new public buildings which
will initially be oversized in order to
accommodate the 1995, building needs.
Two other alternatives would include: (1) the
establishment of a public building authority for the
'
purpose of financing the construction of a new
building which would be leased to various public and
1