Council reviews penalty options for proposed housing "rights and responsibilities" ordinance; law director to share alternatives

Councilors discussed penalty levels and enforcement mechanics for a proposed "rights and responsibilities" housing ordinance during the Jan. 6 meeting and asked the law department to provide alternative penalty options.

The law director told council the draft ordinance initially treated violations as a first-degree misdemeanor, consistent with other housing-code provisions. He described the statutory penalties the ordinance could carry: a first-degree misdemeanor potentially carries up to six months in jail and a fine not more than $1,000; lower-level misdemeanors carry smaller maximum fines (the law director listed $750 for second-degree, $500 for third-degree, and $250 for fourth-degree misdemeanor, with a minor misdemeanor set at $150). The law director noted fines can be assessed per day of violation and that council has discretion to set the penalty structure.

Several councilors raised concerns about criminalizing housing-code violations and about the practical consequences for landlords and tenants. One councilor said the city's goal is compliance rather than punishment and suggested a sliding scale of penalties that would begin with a minor misdemeanor on first offense and escalate for repeat violations. Council members also asked whether penalties would be assessed per unit in large apartment buildings; the law director said the current draft does not state penalties per unit and that fines are currently conceived as per-day penalties.

Council members also discussed potential procedural issues, such as whether the municipal judge or court should be consulted about recommended penalties; the law director cautioned that the judge might decline to advise because of ethical limits on commenting about future cases.

The council requested that the law department return alternative penalty structures for the ordinance (for example, a sliding-scale approach or reduced initial-classification offenses) and asked for those options to be shared with council via the clerk after the law department compiles them.

Why it matters: The penalty structure determines whether the ordinance will be primarily regulatory or criminal in effect. Councilors said they want enforcement to encourage compliance by landlords and property owners while minimizing unintended criminal consequences for individuals or small owners.

Next steps: the law department said it will send the council proposed alternatives and options for penalties and will provide the redlined options via the clerk for further council consideration.