As
a long-time landlord in Minneapolis, I recently had the
opportunity to talk with City Council member Don Samuels
about the city’s housing policies. What struck me
was how different our philosophies are. Yes, there is over-priced,
poorly maintained housing in the city, as there are shoddy
products of every kind. My opinion was that the free market
could deal with this situation. If a tenant occupies sub-standard
housing, the proper remedy is to look around for a better
situation and then move. Samuels called me “callous” for
expressing that opinion.
In
his view, city government is needed to guarantee the quality
of housing stock. If a
rental property is deemed substandard,
city government needs to use its inspections powers to close
the property down. Indeed, at the hearing where the conversation
with Samuels took place, a committee of the City Council voted
to close down sixteen buildings because of problems in two
of them. Samuels is quoted in a Star Tribune article that
the Council’s
vote will “send a message that you (the private-sector
landlord) will have to keep properties in good condition with
good conduct or you will not be able to rent in Minneapolis.”
Residents
of Minneapolis should have a discussion on whether or not
they want city government to have those sweeping powers.
Is it the function of the city’s inspections department
do decide whether a particular property is kept “in
good condition” and exhibits “good conduct”?
Does the public expect it to be a consumer-watchdog agency
on steroids?
I
take a narrow view of the subject. The legitimate function
of inspections is broadly to ensure the health and safety
of the public. Given limited resources, property owners
should
be held to reasonable standards. Zero tolerance is not
an option.
In
my opinion, fire is the main building-related safety threat.
Several years ago, a fire swept through
an apartment
on east
Lake Street, killing several persons. The building had
not been inspected in sixteen years. This was a failure
of both
the building
owner and the city’s fire-inspection managers.
If inspections could make sure that the major hazards
are
covered and not try
to micromanage rental-property businesses, we would all
be better off.
Council
member Samuels referred to a duty of rental-property managers
to make sure that there is “good
conduct” in
their buildings. In other words, landlords have to
police their tenants’ behavior or they may lose
their rental licenses. This is a function which government
in all its splendor and power
cannot perform.
Buildings
do not engage in misconduct; people do. If
there is conduct which significantly threatens the
well being
of other
persons, laws should be passed making such behavior
illegal. And if persons are found to have engaged
in illegal activity,
it is the responsibility of the city police - not
property managers - to identify the law breakers and perhaps
arrest them.
Instead,
the Minneapolis City Council has passed an ordinance (244.2020)
holding rental-property
owners
accountable
for the behavior of their tenants. This is a function
which
government in all its splendor and power cannot
perform. So if the police
cannot ensure that the city remains crime free,
we assign this
duty to the owners of private businesses. City
government does this not because it is right but because
it
can.
In
his discussion with me, council member Samuels said that
he lived on a block filled with slum
properties. He had a
stack of letters from neighbors complaining about
the
situation. Since
Samuels heads the City Council committee overseeing
the police, I would suggest that he look first
to the police
in combatting
unlawful behavior. If the behavior is bad but
not unlawful, the Council might pass an ordinance making
such activities
illegal.
However, the ordinance should be directed at
the
persons engaging
in the behavior, not the owners of buildings
where they live.
“
Neighbors” should be respected but they do not have an
unchallenged right to get local government
to punish someone they dislike unless that person has broken
the law. Unfortunately,
city politicians encourage people to complain
about their neighbors (especially landlords and their tenants).
Words such as “absentee
landlord”, “slumlord”, or “problem
property” are
frequently bandied about. That’s how
city officials do their politics.
Instead
of engaging in the politics of hate,
Minneapolis officials need to work cooperatively
with the owners
of businesses to
reduce crime and create an environment where
both businesses and people
can thrive.