Columbia Heights, Minn., Mun. Code Ch. 5A (2026) § 5A.410

(A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, crime free/drug free and disorderly use language:


(1) Crime free/drug free.


(a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug-related criminal activity, on the premises or curtilage of the premises.


(b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on the premises or curtilage of the premises.


(c) Resident or members of the household will not permit the dwelling unit or curtilage of the premises to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest.


(d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance on the premises or curtilage of the premises.


(e) Resident, tenant, household member, or guest shall not engage in conduct, whether on or off the premises, where (1) the conduct would constitute a crime of violence against another tenant, the tenant's guest, the landlord, or the landlord's employees, regardless of whether a charge was brought or a conviction obtained; or (2) the conduct results in a conviction of a crime of violence against a person unrelated to the premises. For purposes of this subdivision, crime of violence has the meaning given in M.S. § 624.712, subd. 5, as it may be amended from time to time, except that it does not include offenses under M.S. Chapter 152, as it may be amended from time to time.


(f) Violation of any one of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy by the property owner.


(2) Disorderly use.


(a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following disorderly use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct, and violations of the city code relating to prohibited noise.


(b) Three disorderly use violations involving the same tenancy within a continuous 12-month period shall be a substantial and material violation of the lease and good cause for termination of the tenancy by the property owner.


(3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


CRIMINAL ACTIVITY. Prostitution, gambling, maintaining or conducting a disorderly house, unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage.


DRUG RELATED CRIMINAL ACTIVITY. The illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in § 102 of the Controlled Substance Act [21 U.S.C. 802]).


(4) Non-exclusive remedies.


(B) The crime free/drug free and disorderly use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions.


(C) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009.


(D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the crime free/drug free provisions of division (A)(1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the crime free/drug free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property within the city with an evicted tenant for a period of one year after the eviction.


(E) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for disorderly use activities as set forth in division (A)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further disorderly use violations.


(F) If a second disorderly use violation as determined by the Police Department occurs within a continuous 12-month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten days of receipt of the notice with an action plan to prevent further disorderly use violations.


(G) If a third disorderly use violation as determined by the Police Department occurs within a continuous 12-month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of disorderly use violation of the crime free/drug free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property with an evicted tenant within the city for a period of one year after the eviction.


(H) The provisions of divisions (D), (E), (F) and (G) herein do not apply if the determination that the premises have been used in violation of the crime free/drug free provisions of divisions (A)(1) and (A)(2) herein originates from a call from or at the request of one or more tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term DOMESTIC ABUSE has the meaning given in M.S. § 518B.01, subd. 2, as it may be amended from time to time.


(I) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in § 5A.408 .


(Ord. 1532, passed 11-26-07; Am. Ord. 1592, passed 5-9-11; Am. Ord. 1694, passed 3-25-24)