Proposed Ordinance change to update the rental license cycle to two-yearsCity of Dubuque
City Council
ACTION ITEMS # 10.
Copyrighted
December 16, 2024
ITEM TITLE: Proposed Ordinance change to update the rental license
cycle to two- years
SUMMARY: City Manager recommending City Council approve an update
to Ordinance 14-1J-3 Rental licenses, to implement a two-
year rental license cycle.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 14 Building And Development, Chapter 1
Building Codes, Article J Property Maintenance Code,
Section 14-1 J-3 Rental Licenses
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Staff Memo - Rental License Ordninance Change
3. 14-1 J-3_RentalLicensing_121024
Page 1030 of 1050
Dubuque
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2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Ordinance change to update the rental license cycle to two -
years
DATE: December 12, 2024
Housing & Community Development Director Alexis Steger is recommending City
Council approve an update to Ordinance 14-1 J-3 Rental licenses, to implement a two-
year rental license cycle.
Ordinance 14-1J-3 Rental Licenses establishes the requirements for rental licenses anc
inspections. The proposed changes align the rental license requirements in the
ordinance with the proposed two-year rental license and inspection program.
Additionally, the ordinance changes clarify the requirement that a property owner who
does not reside within 50 miles of the licensed rental property is required to designate a
responsible agent who does reside within 50 miles of the property to ensure a timely
response to property related issues
A key feature of the revised model is the allowance of landlords in good standing to self -
inspect their properties by following a city -provided checklist. If the properties are
determined to meet the code through this inspection process, landlords can self -certify
compliance. This self -certification can only be done once during every other two-year
cycle. This approach enables staff to focus efforts on properties and owners & agents
where they are most needed, yet still perform in -person inspections at least once every
four years on all properties. To spot check self -inspections, 1 % of units self -inspected
units will be randomly selected for a follow up in -person inspection. This two-year model
was presented to the Dubuque Area Landlords Association on July 23, 2024, and to the
City Council on August 5, 2024.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
AAA4 k"'
Mic aeI C. Van Milligen
MCVM-sv
Attachment
Page 1031 of 1050
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Director
Michael Belmont, Assistant Housing & Community Development Director
2
Page 1032 of 1050
THE CITY OF Dubuque
R
Du L _W&E 1 I•AmericaC i
I I,
Masterpiece on the Mississippi
2007 • 2012 •2013
TO: Michael Van Milligan
FROM: Alexis Steger, Housing and Community Development
Department Director
SUBJECT: Proposed Ordinance change to update the rental license cycle to two -
years
DATE: December 9, 2024
INTRODUCTION
The purpose of this memorandum is to request the City Council approve an update to
Ordinance 14-1J-3 Rental licenses, to implement a two-year rental license cycle.
BACKGROUND
The Inspection & Construction Services division (ICS) of the Housing and Community
Development Department is responsible for the licensing and inspection of over 11,000
residential rental units in the City of Dubuque. Over the last eight years, many
improvements in the program have been realized, including:
• Adoption of the International Property Maintenance Code (IPMC) in 2016
• Increased inspection staffing levels in 2016 and in 2020
• Policy, process and procedure changes which include the implementation of a tiered
inspection model and enforcement of the priority category designation for problem
properties.
• Reduced the inspection cycle from over 7 years between routine inspections to less
than 4 years.
Despite these successes, renters and rental advocates raised concerns about the condition
of rental properties during the Fiscal Year 2025 Budget hearings. In response to those
concerns, ICS staff began exploring ways to reduce the rental license inspection cycle. This
effort led to the development of the proposed two-year rental license and inspection model.
A key feature of the revised model is the allowance of landlords in good standing to self -
inspect their properties by following a city -provided checklist. If the properties are
determined to meet the code through this inspection process, landlords can self -certify
compliance. This self -certification can only be done once during every other two-year cycle.
This approach enables staff to focus efforts on properties and owners & agents where they
are most needed, yet still perform in -person inspections at least once every four years on all
properties. To spot check self -inspections, 1 % of units self -inspected units will be randomly
selected for a follow up in -person inspection. This two-year model was presented to the
Page 1033 of 1050
Dubuque Area Landlords Association on July 23, 2024, and to the City Council on August 5,
2024.
DISCUSSION
Ordinance 14-1 J-3 Rental Licenses establishes the requirements for rental licenses and
inspections. The proposed changes align the rental license requirements in the ordinance
with the proposed two-year rental license and inspection program. Additionally, the
ordinance changes clarify the requirement that a property owner who does not reside within
50 miles of the licensed rental property is required to designate a responsible agent who
does reside within 50 miles of the property to ensure a timely response to property related
issues.
REQUESTED ACTION
I respectfully request the City Council approve the ordinance changes to the City of
Dubuque, ordinance section 14-1 J-3
Prepared by Michael Belmont
Assistant Housing & Community Development Director/ Building Official
Cc: Alexis Steger, Housing & Community Development Director
2
Page 1034 of 1050
Prepared by: Jason Lehman, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 63 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY
MAINTENANCE CODE, SECTION 14-1J-3 RENTAL LICENSES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-1 J-3 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
14-1 J-3: RENTAL LICENSES:
B. Application Requirements: Completion of a rental license application must be
made by the property owner, manager, or licensed real estate professional and must
include, but not be limited to, the following information:
1. Address of the rental unit(s), including correct unit identifications.
2. Number and type of rental units in the structure.
3. Number of units, in the structure, for which housing choice vouchers are
accepted.
4. Owner's name and contact information, including:
a. Mailing address.
b. Telephone number during normal business hours.
C. Telephone number in the event of an emergency.
d. E-mail address, if available.
5. If the property owner has retained a property manager the property owner
must provide the following information:
a. Property manager's name.
b. Property manager's mailing address.
C. Property manager's telephone number during normal business
hours.
d. Property manager's telephone number in the event of an emergency.
e. Property manager's e-mail address, if applicable.
f. A statement that the property manager or real estate professional
has the same authority and responsibility as the property owner for
maintaining the rental unit(s).
6. The property owner, manager, or licensed real estate professional must
designate a responsible agent, who resides within 50 miles of the rental unit for
which the license is sought, to represent the property owner, manager, or licensed
real estate professional whenever the property owner, manager, or licensed real
estate professional is not available for maintenance of, or resides more than 50
miles from, the rental unit for which a license is sought. The agent must have the
same authority and responsibility as the property owner for maintaining the rental
unit(s).
E. Rental License Term:
1. Rental licenses will be issued for a term of two years. A rental license issued
during the course of the two-year license term will be put on the standard cycle for
rental license expiration which results in longest license term, which may result in
an initial rental license term of less than two years.
Exception: In year 2025, approximately 50 percent of the total number of rental
licenses will be issued for a one-year term, to expire on December 31, 2025. The
intent of this division is to have approximately one half of the total rental licenses
renew on subsequent alternating biennial years.
F. License Renewal:
1. Rental licenses shall be renewed every two years, upon notice issued at the
beginning of the calendar year following expiration of existing rental license(s). The
rental license renewal application will be sent to the property owner, or registered
manager, or licensed real estate professional holding the rental license(s).
2. Application for renewal of a rental license shall be made prior to March 1 of
the year following expiration of an existing rental license.
G. Fees Due on license renewal: Rental license fees will be invoiced with the rental
license renewal application at the start of the calendar year following rental license
expiration. Rental license fees must be paid by March 1st of the renewal year. Failure to
pay required fees is a violation of this Code and may result in monetary penalties, license
suspension, license revocation, issuance of a notice to vacate to tenants, and/or issuance
of municipal infractions.
H. Rental License Not Transferable: Rental licenses are not transferable from one
property to another. It is the responsibility of the property owner, manager, or licensed
real estate professional holding a rental license to provide the City Manager written notice,
within five (5) working days, of transferring or otherwise disposing of ownership or control
of the property. The notice must include available information on the buyer. Prepaid rental
license fees are eligible for a refund for the period that the property is no longer owned
by the license holder. Rental license fee refund requests must be made in writing and
include all required information per department policy. It is the responsibility of the
property buyer to license the property in their name within five (5) working days of
acquisition or otherwise receiving ownership or control of the property.
I. Conditions Of Rental Licenses: The City Manager is hereby authorized to issue
and renew a rental license in the name of the applicant property owner, manager, or
licensed real estate professional, provided the following criteria are met:
1. Property Maintenance Code Warranty: The rental unit is warranted by the
property owner, manager, or licensed real estate professional to substantially
comply with the Property Maintenance Code.
2. Fees: All fees required pursuant to the issuance of a rental license are paid
in full to the City.
3. Successful Rental Property Management Class:
a. The property owner or manager has completed the Successful
Rental Property Management Class (the program) or a program of
continuing education approved by the City Manager.
b. Until such time as the property owner or manager has completed the
program or an equivalent program of continuing education approved by the
City Manager, only a conditional rental license may be issued.
C. Licensed real estate professionals are exempted from the program
attendance requirement.
d. The City Manager may waive the program requirement upon the
submission of a written request by a property owner, manager, or licensed
real estate professional and after finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or
any founded code violations within the previous twelve (12) months;
and
(3) A waiver will not provide the property owner with an unfair
advantage in a competitive real estate market.
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional
agrees to conduct criminal background checks for all prospective tenants
whose tenancy commences on or after July 1, 2011. A background check
may be performed using the City's background check service or by another
background check service approved by the City Manager. The background
checks must be completed before the prospective tenant's tenancy begins.
b. The City Manager may waive the criminal background check
requirement upon the submission of a written request by a property owner,
manager, or licensed real estate professional and after a finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or
any founded code violations within the previous twelve (12) months;
and
(3) A waiver will not create a danger to nearby residents.
5. Rental Property Inspections:
a. The property owner, manager, or licensed real estate professional
shall make a rental property available for inspection by the City of Dubuque
and shall comply with the Iowa Code requirements for tenant notification.
b. The City Manager shall develop a written Rental Housing Inspection
Program which shall govern the cycle, frequency, recordkeeping,
conditions, and self -inspection and self -certification eligibility of rental
inspections.
6. Housing Choice Voucher Information: The property owner, manager, or
licensed real estate professional must provide information at the time of rental
license renewal for each structure, on the number of units, by structure, owned or
managed by the property owner, manager, or licensed real estate professional
which accept housing choice vouchers.
Suspension And Revocation Of Rental License:
1. Causes: The City Manager may, for good cause, suspend or revoke a rental
license for a rental unit, and in the case of a multi -family dwelling, suspend the
license as to one or more rental units for a period not to exceed one year for any
of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee
for violation of any provision of the Property Maintenance Code;
b. Misrepresentation by the licensee of any material fact in the
application for a rental license;
C. Refusal by the licensee to permit inspection of the licensed rental
unit(s) by authorized City personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the Successful Rental Property Management Class;
f. Failure to perform a required criminal background check on an
applicant for tenancy after July 1, 2011; or
g. Failure of a priority category to comply with an inspection schedule
or pay inspection fees. Tenants will be relocated from the rental unit at the
priority category's expense.
2. Opportunity To Appeal: Prior to any suspension or revocation under this
subsection, the City Manager must give notice in writing to the property owner,
manager, or licensed real estate professional and provide for an opportunity to
appeal.
3. Period Of Revocation Or Suspension: During the period of revocation or
suspension, a unit for which the rental license was suspended or revoked may not
be relicensed.
4. Notice To Licensee: The City Manager shall cause to be issued to the
licensee a notice that the license is suspended or revoked, setting forth the
reason(s) therefor. The notice shall be sent by certified United States mail to the
licensee at the address on file with the City Manager.
5. Appeal: The licensee may appeal the decision of the City Manager to the
Housing Appeals and Mediation Board. An appeal must be filed, in writing, within
twenty (20) days from the date of the notice of suspension or revocation.
6. Notice To Tenant: Upon suspension or revocation the City Manager must
give written notice of the suspension or revocation of the license to each tenant,
requiring the tenant to vacate the premises within a time frame determined by the
City Manager if determined necessary. Any tenant who fails to vacate the premises
after such time shall be subject to penalties under title 1, chapter 4 of this Code.
7. Relocation Of Tenants: If suspension or revocation of a rental license is the
responsibility of the property owner, manager, or licensed real estate professional,
as determined by the City Manager, then any displaced tenants shall be relocated
at the property owner, manager, or licensed real estate professional's expense and
the City Manager is authorized to assess the rental property for any costs incurred
by the City.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 16t" day of December, 2024.
avana or
Attest:
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
14-1J-3: RENTAL LICENSES:
B. Application Requirements: Completion of a rental license application must be
made by the property owner, manager, or licensed real estate professional and must
include, but not be limited to, the following information:
1. Address of the rental unit(s), including correct unit identifications.
2. Number and type of rental units in the structure.
3. Number of units, in the structure, for which housing choice vouchers are
accepted.
4. Owner's name and contact information, including:
a. Mailing address.
b. Telephone number during normal business hours.
C. Telephone number in the event of an emergency.
d. E-mail address, if available.
5. If the property owner has retained a property manager the property owner
must provide the following information:
a. Property manager's name.
b. Property manager's mailing address.
C. Property manager's telephone number during normal business
hours.
d. Property manager's telephone number in the event of an emergency.
e. Property manager's e-mail address, if applicable.
f. A statement that the property manager or real estate professional
has the same authority and responsibility as the property owner for
maintaining the rental unit(s).
Page 1041 of 1050
6. The property owner, manager, or licensed real estate professional must
designate a responsible agent, who resides within 50 miles of the rental unit for
which the license is sought, to represent the property owner, manager, or licensed
real estate professional whenever the property owner, manager, or licensed real
estate professional is not available for maintenance of, or resides more than 50
miles from, the dwellingrental unit for which a license is sought. The agent must
have the same authority and responsibility as the property owner for maintaining
the rental unit(s).
E. Rental License Term:
1. Rental licenses will be issued for a term of two gene dears. A rental
license issued during the course of the two-year license termy*_� will be put on the
standard cycle for rental license expiration which results in longest license term,
which may result in a ^sedan initial rental license term of less than two
yearseee yea .
Exception: In year 2025, approximately 50 percent of the total number of rental
licenses will be issued for a one-year term, to expire on December 31, 2025. The
intent of this division is to have approximately one half of the total rental licenses
renew on subsequent alternating biennial years.
_ . .
F. Annual -License Renewal:
1. Rental licenses be renewed army 34 o years, upon notice
issued at the beainnina of the calendar vear followina expiration of existina rental
licenses . The rental license renewal application will be sent
to the property owner, or registered manager,_or licensed real estate professional
holding the rental license(s)_
2. Application for renewal of a rental license nay be made
March 1 of the year followingwithin sixty (60) days prier to the expiration of an
existing rental license.
.. .. _ .-14
Page 1042 of 1050
G. Renewal Due on license renewal: Rental license renrcRewal fees will be
invoiced with the rental license renewal application at the start of the calendar year
following rental license expiration. Rental license fees must be paid by March 1st of the
at h f eo I year and must he remitter} within sixtV
renewal year. the �c� caT�ncrtcur� c�r�mr[cca-wren„,-a-r.T---
raM H—s. Failure to pay required fees is a violation of this Code and may result in
monetary penalties, license suspension, license revocation, issuance of a notice to vacate
to tenants, and/or issuance of unicipal infractions.
H. Rental License Not Transferable: Rental licenses are not transferable from one
property to another. It is the responsibility of the property owner, manager, or licensed
real estate professional holding a rental license to provide the City Manager written notice,
within five (5) working days, of transferring or otherwise disposing of ownership or control
of the property. The notice must include t#e-available information on the buyer. Prepaid
Rrental license fees are eligible for a refund for the period that the property is no longer
owned by the license holder. Rental license fee refund requests must be made in writing
and include all required information per department policy. It is the responsibility of the
property buyer to license the property in his/her name or Gernponytheir name within five
(5) working days of acquisition or otherwise receiving ownership or control of the property.
The new property ewner will owe no additional rental InGense fees unto! the nt_z_xt rt_z_nt_:;1
license renewal fer the property-.
I. Conditions Of Rental Licenses: The City Manager is hereby authorized to issue
and renew a rental license in the name of the applicant property owner, manager, or
licensed real estate professional, provided the following criteria are met:
1. Property Maintenance Code Warranty: The rental unit is warranted by the
property owner, manager, or licensed real estate professional to substantially
comply with the Property Maintenance Code.
2. Fees: All fees required pursuant to the issuance of a rental license are paid
in full to the City.
3. Successful Rental Property Management Class:
a. The property owner or manager has completed the Successful
Rental Property Management Class (the program) or a program of
continuing education approved by the City Manager.
b. Until such time as the property owner or manager has completed the
program or an equivalent program of continuing education approved by the
City Manager, only a ternp6rryconditional rental license may be issued.
r
r • r
Page 1043 of 1050
Licensed real estate professionals are exempted from the program
attendance requirement.
The City Manager may waive the program requirement upon the
submission of a written request by a property owner, manager, or licensed
real estate professional and after finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or
any founded code violations within the previous twelve (12) months;
and
(3) A waiver will not provide the property owner with an unfair
advantage in a competitive real estate market.
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional
agrees to conduct criminal background checks for all prospective tenants
whose tenancy commences on or after July 1, 2011. A background check
may be performed using the City's background check service or by
another background check service approved by the City Manager. The
background checks must be completed before the prospective tenant's
tenancy begins.
b. The City Manager may waive the criminal background check
requirement upon the submission of a written request by a property owner,
manager, or licensed real estate professional and after a finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or
any founded code violations within the previous twelve (12) months;
and
(3) A waiver will not create a danger to nearby residents.
5. Rental Property Inspections:
a. The property owner, manager, or licensed real estate professional
shall make a rental property available for inspection by the City of Dubuque
and shall comply with the Iowa Code requirements for tenant notification.
b. The City Manager shall develop a written Rental Housing
Inspection Program which shall govern the cycle, frequency,
Page 1044 of 1050
recordkeeping, and conditions, and self -inspection and self -certification
eligibility of rental inspections.
6. Housing Choice Voucher Information: The property owner, manager, or
licensed real estate professional must provide information at the annual repel. al
of the rental lironco at the time of rental license renewal for each structure, on the
number of units, by structure, owned or managed by the property owner, manager,
or licensed real estate professional which accept housing choice vouchers.
J. Suspension And Revocation Of Rental License:
1. Causes: The City Manager may, for good cause, suspend or revoke a rental
license for a rental unit, and in the case of a multi -family dwelling, suspend the
license as to one or more rental units for a period not to exceed one year for any
of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee
for violation of any provision of the Property Maintenance Code;
b. Misrepresentation by the licensee of any material fact in the
application for a rental license;
C. Refusal by the licensee to permit inspection of the licensed rental
unit(s) by authorized City personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the Successful Rental Property Management Class;
f. Failure to perform a required criminal background check on an
applicant for tenancy after July 1, 2011; or
g. Failure of a priority category to comply with an inspection schedule
or pay inspection fees. Tenants will be relocated from the rental unit at the
priority category's expense.
2. Opportunity To Appeal: Prior to any suspension or revocation under this
subsection, the City Manager must give notice in writing to the property owner,
manager, or licensed real estate professional and provide for an opportunity to
appeal.
3. Period Of Revocation Or Suspension: During the period of revocation or
suspension, a unit for which the rental license was suspended or revoked may not
be relicensed.
Page 1045 of 1050
4. Notice To Licensee: The City Manager shall cause to be issued to the
licensee a notice that the license is suspended or revoked, setting forth the
reason(s) therefor. The notice shall be sent by certified United States mail to the
licensee at the address on file with the City Manager.
5. Appeal: The licensee may appeal the decision of the City Manager to the
HOUSORg Housing Appeals and Mediation Board. An appeal must
be filed, in writing, within twenty (20) days from the date of the notice of suspension
or revocation.
6. Notice To Tenant: Upon suspension or revocation the City Manager must
give written notice of the suspension or revocation of the license to each tenant,
requiring the tenant to vacate the premises within a time frame determined by the
City Manager if determined necessary. Any tenant who fails to vacate the premises
after such time shall be subject to penalties under title 1, chapter 4 of this Code.
7. Relocation Of Tenants: If suspension or revocation of a rental license is the
responsibility of the property owner, manager, or licensed real estate professional,
as determined by the City Manager, then any displaced tenants shall be relocated
at the property owner, manager, or licensed real estate professional's expense and
the City Manager is authorized to assess the rental property for any costs incurred
by the City.
Page 1046 of 1050
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
12/20/2024
and for which the charge is 155.79
Subscribed to before me, a Notary Pub is in and for
Dubuque County, Iowa,
this 23rd day of December, 2024
Notary • is in and for Dubuque County, Iowa.
JANET K. PAPE
ommission Number 199659
My Commission Expires
12/11/2025
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 63 - 24
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14
BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J
PROPERTY MAINTENANCE CODE, SECTION 14-1J-3 RENTAL LICENSES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 14-1J-3 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
14-1J-3: RENTAL LICENSES:
B. "Application Requirements: Completion of a rental license
application must be made by the property owner, manager, or
licensed real estate professional and must include, but not be
limited to, the following information:
1. "Address of the rental unit(s), including correct unit
identifications.
2. "Number and type of rental units in the structure.
3. "Number of units, in the structure, for which housing
choice vouchers are accepted.
4. "Owner's name and contact information, including:
a. "Mailing address.
b. "Telephone number during normal business hours.
c. "Telephone number in the event of an emergency.
d."E-mail address, if available.
5. "If the property owner has retained a property manager the
property owner must provide the following information:
a. "Property manager's name.
b. "Property manager's mailing address.
c."Property manager's telephone number during normal
business hours.
d. "Property manager's telephone number in the event of an
emergency.
e."Property manager's e-mail address, if applicable.
f. "A statement that the property manager or real estate
professional has the same authority and responsibility as the
property owner for maintaining the rental unit(s).
6. "The property owner, manager, or licensed real estate
professional must designate a responsible agent, who resides
within 50 miles of the rental unit for which the license is
sought, to represent the property owner, manager, or licensed
real estate professional whenever the property owner, manager,
or licensed real estate professional is not available for
maintenance of, or resides more than 50 miles from, the rental
unit for which a license is sought. The agent must have the
same authority and responsibility as the property owner for
maintaining the rental unit(s).
E. "Rental License Term:
1."Rental licenses will be issued for a term of two years. A
rental license issued during the course of the two-year
license term will be put on the standard cycle for rental
license expiration which results in longest license term,
which may result in an initial rental license term of less
than two years.
Exception: In year 2025, approximately 50 percent of the
total number of rental licenses will be issued for a one-year
term, to expire on December 31, 2025. The intent of this
division is to have approximately one half of the total rental
licenses renew on subsequent alternating biennial years.
F. "License Renewal:
1. "Rental licenses shall be renewed every two years, upon
notice issued at the beginning of the calendar year following
expiration of existing rental license(s). The rental license
renewal application will be sent to the property owner, or
registered manager, or licensed real estate professional
holding the rental license(s).
2. "Application for renewal of a rental license shall be made
prior to March 1 of the year following expiration of an
existing rental license.
G. "Fees Due on license renewal: Rental license fees will be
invoiced with the rental license renewal application at the
start of the calendar year following rental license
expiration. Rental license fees must be paid by March 1st of
the renewal year. Failure to pay required fees is a violation
of this Code and may result in monetary penalties, license
suspension, license revocation, issuance of a notice to vacate
to tenants, and/or issuance of municipal infractions.
H. "Rental License Not Transferable: Rental licenses are not
transferable from one property to another. It is the
responsibility of the property owner, manager, or licensed
real estate professional holding a rental license to provide
the City Manager written notice, within five (5) working days,
of transferring or otherwise disposing of ownership or control
of the property. The notice must include available information
on the buyer. Prepaid rental license fees are eligible for a
refund for the period that the property is no longer owned by
the license holder. Rental license fee refund requests must be
made in writing and include all required information per
department policy. It is the responsibility of the property
buyer to license the property in their name within five (5)
working days of acquisition or otherwise receiving ownership
or control of the property.
I. "Conditions Of Rental Licenses: The City Manager is hereby
authorized to issue and renew a rental license in the name of
the applicant property owner, manager, or licensed real estate
professional, provided the following criteria are met:
1. "Property Maintenance Code Warranty: The rental unit is
warranted by the property owner, manager, or licensed real
estate professional to substantially comply with the Property
Maintenance Code.
2. "Fees: All fees required pursuant to the issuance of a
rental license are paid in full to the City.
3."Successful Rental Property Management Class:
a. "The property owner or manager has completed the
Successful Rental Property Management Class (the program) or a
program of continuing education approved by the City Manager.
b. "Until such time as the property owner or manager has
completed the program or an equivalent program of continuing
education approved by the City Manager, only a conditional
rental license may be issued.
c. "Licensed real estate professionals are exempted from the
program attendance requirement.
d. "The City Manager may waive the program requirement upon
the submission of a written request by a property owner,
manager, or licensed real estate professional and after
finding that:
(1)"The property is properly licensed by the City of
Dubuque;
(2)"The property has no history of priority category
designation or any founded code violations within the previous
twelve (12) months; and
(3)"A waiver will not provide the property owner with an
unfair advantage in a competitive real estate market.
4. "Criminal Background Checks:
a. "The property owner, manager, or licensed real estate
professional agrees to conduct criminal background checks for
all prospective tenants whose tenancy commences on or after
July 1, 2011. A background check may be performed using the
City's background check service or by another background check
service approved by the City Manager. The background checks
must be completed before the prospective tenant's tenancy
begins.
b. "The City Manager may waive the criminal background check
requirement upon the submission of a written request by a
property owner, manager, or licensed real estate professional
and after a finding that:
(1)"The property is properly licensed by the City of
Dubuque;
(2)"The property has no history of priority category
designation or any founded code violations within the previous
twelve (12) months; and
(3)"A waiver will not create a danger to nearby residents.
5. "Rental Property Inspections:
a. The property owner, manager, or licensed real estate
professional shall make a rental property available for
inspection by the City of Dubuque and shall comply with the
Iowa Code requirements for tenant notification.
b. "The City Manager shall develop a written Rental Housing
Inspection Program which shall govern the cycle, frequency,
recordkeeping, conditions, and self -inspection and
self -certification eligibility of rental inspections.
6. "Housing Choice Voucher Information: The property owner,
manager, or licensed real estate professional must provide
information at the time of rental license renewal for each
structure, on the number of units, by structure, owned or
managed by the property owner, manager, or licensed real
estate professional which accept housing choice vouchers.
J. "Suspension And Revocation Of Rental License:
1. "Causes: The City Manager may, for good cause, suspend or
revoke a rental license for a rental unit, and in the case of
a multi -family dwelling, suspend the license as to one or more
rental units for a period not to exceed one year for any of
the following:
a. "Conviction, judgment, plea of guilty, or finding of guilt
of the licensee for violation of any provision of the Property
Maintenance Code;
b. "Misrepresentation by the licensee of any material fact in
the application for a rental license;
c. "Refusal by the licensee to permit inspection of the
licensed rental unit(s) by authorized City personnel;
d. "Nonpayment of the fee for renewal of the rental license;
e. "Failure to attend the Successful Rental Property
Management Class;
f. "Failure to perform a required criminal background check
on an applicant for tenancy after July 1, 2011; or
g. "Failure of a priority category to comply with an
inspection schedule or pay inspection fees. Tenants will be
relocated from the rental unit at the priority category's
expense.
2. "Opportunity To Appeal: Prior to any suspension or
revocation under this subsection, the City Manager must give
notice in writing to the property owner, manager, or licensed
real estate professional and provide for an opportunity to
appeal.
3. "Period Of Revocation Or Suspension: During the period of
revocation or suspension, a unit for which the rental license
was suspended or revoked may not be relicensed.
4. "Notice To Licensee: The City Manager shall cause to be
issued to the licensee a notice that the license is suspended
or revoked, setting forth the reason(s) therefor. The notice
shall be sent by certified United States mail to the licensee
at the address on file with the City Manager.
5. "Appeal: The licensee may appeal the decision of the City
Manager to the Housing Appeals and Mediation Board. An appeal
must be filed, in writing, within twenty (20) days from the
date of the notice of suspension or revocation.
6. "Notice To Tenant: Upon suspension or revocation the City
Manager must give written notice of the suspension or
revocation of the license to each tenant, requiring the tenant
to vacate the premises within a time frame determined by the
City Manager if determined necessary. Any tenant who fails to
vacate the premises after such time shall be subject to
penalties under title 1, chapter 4 of this Code.
7. "Relocation Of Tenants: If suspension or revocation of a
rental license is the responsibility of the property owner,
manager, or licensed real estate professional, as determined
by the City Manager, then any displaced tenants shall be
relocated at the property owner, manager, or licensed real
estate professional's expense and the City Manager is
authorized to assess the rental property for any costs
incurred by the City.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 16th day of December,
2024.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 20th day of December, 2024.
/s/Adrienne N. Breitfelder, City Clerk
It 12/20