Rental code enforcement sought

A 2008 state Supreme Court decision, City of Morris v. Sax Investments Inc., threw enforcement of local building codes into question if they differed from those contained in the state building code. Rep. Tim Mahoney (DFL-St. Paul) told the House Local Government Division Feb. 22 that decision has made it harder for municipalities to enforce health and safety inspections of rental property.

HF2945, which Mahoney sponsors, would modify the local enforcement provision of the state building code to say that a local ordinance must not be “in conflict with,” rather than “different from,” any provision of the state building code. The bill would not prohibit a municipality from adopting an ordinance relating to property maintenance or rental licensing unless it conflicts with the state code.

Minneapolis Director of Building Inspection Henry Reimer said the change is necessary to maintain livability of many older neighborhoods, especially with the “unprecedented conversions of single-family homes to rental” that he said is taking place in the wake of the foreclosure crisis. “We are on the brink with a lot of neighborhoods in our state,” he said.

Todd Liljenquist, director of government relations for the Minnesota Multi Housing Association, opposes the bill, saying it “undermines the uniformity of the building code. Nobody can say what ‘not in conflict with’ means. The building code seeks a balance between economic feasibility and safety.”

“I have been trying to find whether advocates and industry positions are in conflict with each other,” said Rep. Jeremy Kalin (DFL-North Branch), “and it seems they are not. I think the concerns can be reconciled and should be, because I find both sides equally compelling and a solution does need to be found.”

The division approved the bill and sent it to the House State and Local Government Operations Reform, Technology and Elections Committee. A companion, SF2759, sponsored by Sen. Dan Sparks (DFL-Austin), awaits action by the Senate Business, Industry and Jobs Committee.