Falcon Heights, Minn., City Code ch. 105 art. IV (2026) § 105-96

Sec. 105-96 - Crime free housing program
(a)      Purpose. The purpose of the crime free housing program is to mitigate the
       burden of repeated instances of disorderly conduct and criminal activity in rental
       properties on law enforcement resources and public safety and welfare. The city
       council finds that landlords are best positioned to address this activity before it
      escalates to warrant law enforcement intervention. The city council also finds that
      putting conditions on the use of disorderly conduct and criminal activity in
      housing determinations will protect and encourage individuals seeking legitimate
      law enforcement support to seek assistance without fear of housing retaliation.

(b)    Program Overview.

      (1)    An owner, agent, or property manager of rental dwelling(s) in the city is
            encouraged, but not required, to conduct a criminal background check of all
            prospective tenants eighteen (18) years and older. If an owner, agent, or
            property manager chooses to conduct a criminal background check, they
            must do so in compliance with this Section.

      (2)    Owners, agents, or property managers must comply with the following
            requirements prior to conducting any criminal background checks on
            prospective tenants or enforcing the crime-free/drug-free lease provisions
            provided in this Section:

            a.     Attend an eight-hour crime free housing course certified by the
                 Minnesota Crime Prevention Association and offered either by the city
                 or another municipality in the State of Minnesota, which course must
                 include training on compliance with the Fair Housing Act. The rental
                 dwelling licensee is responsible for the cost of training. Proof of
                 completion must be provided to the city compliance official before a
                 license may conduct criminal background checks. Failure to provide
                 proof of completion of a training within two (2) years before conducting
                 criminal background checks may result in revocation, suspension,
                 nonrenewal, or nonissuance of a license;

            b.    Use a written lease that contains the crime-free/drug-free lease
                 provisions in this Section; and

            c.     Actively pursue the eviction of tenants or termination of the lease for
                 tenants who violate the terms of the lease and/or the crime-free/drug-free
                 lease provisions. Nothing in this Section restricts rental dwelling
                 licensees from entering into leases with applicants possessing a criminal
                 history, except as noted in Section 105-96(f)(3)(e).

(c)     Definitions. The following words, terms and phrases, when used in this section,
      shall have the meanings ascribed to them here, except where the context clearly
      indicates a different meaning:

      (1)    Criminal activity means conviction of a misdemeanor or higher for any of
            the following offenses:

            a.    Minn. Stats. §§ 609.75 through 609.76, which prohibit gambling;

            b.    Minn. Stats. §§ 609.321 through 609.324, which prohibit prostitution
     and related acts;

c.    Minn. Stat. § 243.166 relating to violation of the state’s predatory
     offender registration requirement, provided that a individual has not
     committed criminal activity simply because they are required to register
     and properly do register;

d.    Minn. Stat. § 340A.401, which prohibits the unlawful sale of alcoholic
     beverages;

e.    Minn. Stat. § 340A.503, subd. 1(2), which prohibits the underage use
     of alcoholic beverages except within the household of and with the
     permission of the underage individual’s parent or guardian, and provided
     there is no violation of Chapter 30, Article II of the Falcon Heights City
     Code, the City’s Social Hosts ordinances;

f.    Minn. Stats. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712
     through 624.716, and Section 30-3 of this Code, which prohibit the
     unlawful possession, transportation, sale or use of a weapon;

g.    Minn. Stats. §§ 609.185, 609.19, 609.195, 609.20, and 609.205 which
     prohibit murder and manslaughter, unless an individual was acting in
     self-defense or in defense of others;

h.    Minn. Stats. §§ 609.221, 609.222, 609.223, and 609.2231 which
     prohibit assault, unless an individual was acting in self-defense or in
     defense of others;

i.    Minn. Stat. § 609.226 relating to great or substantial bodily harm
     caused by dangerous dogs and the negligent confinement of dangerous
     dogs;

j.    Minn. Stat. § 609.255 which prohibits false imprisonment;

k.    Minn. Stat. § 609.25 which prohibits kidnapping;

l.    Minn. Stats. §§ 609.342, 609.343, 609.344, 609.345, and 609.3451
     which prohibit criminal sexual conduct;

m. Minn. Stat. § 609.50 which prohibits interference with a peace officer,
  firefighter, or member of an ambulance service in the performance of
  their official duties;

n.    Minn. Stat. § 609.52 which prohibits theft, as long as the acts
     constituting theft occur in a dwelling unit;

o.    Minn. Stat. § 609.53 which prohibits receiving stolen property, but
     only if the value of the property is no less than $1,000 such that the
           underlying theft would qualify as a felony;

      p.    Minn. Stats. §§ 609.561, 609.562, 609.563, 609.5631, and 609.5632
           which prohibit arson;

      q.    Minn. Stat. § 609.582 which prohibits burglary, but which shall not
           apply to acts that could also be considered shoplifting;

      r.    Minn. Stat. § 609.595 which prohibits damage to property;

      s.    Minn. Stat. § 609.71 which prohibits riot;

      t.    Minn. Stat. § 609.713 which prohibits threatening to commit a violent
           crime with the intent to terrorize another or to cause the evacuation of a
           building;

      u.    Minn. Stat. § 609.72, which prohibits disorderly conduct, when the
           violation disturbs the peace and quiet of the occupants of at least one
           unit on the licensed premises or other nearby premises, other than the
           unit occupied by the person(s) committing the violation;

      v.    Minn. Stat. § 609.78 which prohibits intentional interference with
           “911” phone calls;

      w.    Minn. Stat. § 609.903 which prohibits racketeering; and

      x.    Section 30-3 of the Falcon Heights City Code which prohibits the
           discharge of a firearm, unless the individual was acting in self-defense
           or in defense of others.

(2)    It shall not be considered criminal activity for an individual to seek
      emergency assistance on their own behalf or on behalf of another, including
      through making an “emergency call” as defined by Minn. Stat. § 609.78.
      “Emergency assistance” that is not considered criminal activity includes the
      following situations:

      a.    Any individual who seeks emergency assistance as or on behalf of a
           victim of criminal activity, including but not limited to domestic abuse
           as defined in Minn. Stat. § 518B.01, subd. 2;

      b.    Any individual who seeks emergency assistance for their own or
           another’s mental health, disability-related, or substance abuse issues;
           and

      c.    Any individual seeking emergency assistance who is not a health care
           professional and acts in good faith in administering an opiate antagonist
           to another person whom the person believes in good faith to be suffering
           a drug overdose.
      (3)    Drug-related criminal activity means conviction of a misdemeanor or
            higher for illegal possession, manufacture, sale, distribution, purchase, use
            or possession with intent to manufacture, sell or distributed a “controlled
            substance” as defined in Minnesota Statutes, Section 152.01, subdivision 4,
            in violation of Minn. Stat. §§ 152.01 through 152.025, and 152.027, subd.
            1-2 and Section 102 of the Controlled Substance Act, 21 U.S.C. § 802.

(d)   Prospective Tenant Background Check Procedure.

      (1)    All licensees must provide a written copy of the following two-step
            criminal background check policy in a format provided by the city, to any
            prospective tenants before accepting an application or application fee.

      (2)    Step One: Limited criminal background screening. A licensee may conduct
            a limited criminal background screening either for the applicant or for all
            individuals age eighteen (18) and older who will reside in the rental
            dwelling. A licensee’s choice to screen either the applicant or all individuals
            age eighteen (18) and older must be applied consistently for all rental
            applications. The limited background screening will consider only:

                 1.    Criminal activity within the thirty-six (36) months prior to the
                      anticipated start-date of the lease;

                 2.    Drug-related criminal activity within thirty-six (36) months prior
                      to the anticipated start-date of the lease;

      (3)    Step Two: Individual assessment. If an individual is identified as having
            criminal activity or drug-related criminal activity within the last thirty-six
            (36) months through the limited criminal background screening, the licensee
            shall provide an individual assessment of the individual’s current situation.
            The purpose of this assessment is to determine whether the individual is
            able to fulfill the obligations of tenancy at the property.

            a.    The licensee will send a written notice to each applicant for whom the
                 applicant or a prospective tenant is identified as having activity covered
                 by the limited criminal background screening. The notice shall inform
                 the applicant of the covered criminal conduct identified and invite the
                 applicant an opportunity to provide additional information within ten
                 (10) days of receipt of the written notice.

            b.    An applicant may respond to the notice with a description of the
                 reasons why the covered criminal conduct should not disqualify their
                 application for rental housing, such as rehabilitation efforts or
                 responsible conduct by the applicant or individual with the criminal
                 conduct history. The applicant may include supporting documentation
                 such as letters from parole officers, case workers, counselors, family
                 members, or community organizations.
c.     Based on the information received from the applicant and the limited
     criminal background screening, the licensee will conduct an individual
     assessment of the individual’s risk to the safety and welfare of the
     property’s current tenants, employees, or visitors within twenty (20)
     days after receipt of an applicant’s response to a notice of covered
     conduct. All individual assessments must be conducted consistently
     across applicants for all rental dwelling units of the licensee. The
     licensee shall consider only the following factors in determining whether
     to approve or reject the application:

     1.    The facts or circumstances surrounding the covered conduct;

     2.    The age of the applicant at the time of occurrence of the covered
          conduct;

     3.    Evidence of good tenant or employment history before or after the
          occurrence of the covered conduct;

     4.    Evidence of rehabilitation efforts;

     5.    The time that has elapsed since the occurrence of the conduct;

     6.    Any information about the applicant that indicates good conduct
          since the covered conduct occurred;

     7.    Whether the covered conduct arose from the individual’s status as
          a survivor of domestic violence, sexual assault, stalking, or dating
          violence;

     8.    Whether the covered conduct arose from an individual’s disability,
          including mental illness and substance abuse; and

     9.    Any other information related to whether the individual’s specific
          covered conduct creates the potential that the property’s current
          tenants, employees, or visitors will be exposed to a heightened risk
          of criminal activity or drug-related criminal activity.

d.    If an applicant does not provide information to the licensee within ten
     (10) days of receipt of the notice of covered conduct, the licensee will
     assess the applicant under the factors in Section 105-96(d)(3)(c) based
     on the information available to the licensee, including information
     received from credit screenings and the limited criminal background
     screening.

e.    In no event may a licensee take action against any tenant that would
     constitute a violation of Minn. Stat. § 504B.225, or that would penalize
     an individual who sought emergency assistance that is not considered
     criminal activity under this section.
            f.    If a licensee decides to reject an application following an individual
                 assessment, then the licensee shall send to the applicant a written notice
                 outlining the reasons for rejecting the application on the date of the
                 decision to reject.

(e)     Crime-free/drug-free lease provisions. All licensees desiring to use criminal
      background checks during the rental housing application process or the term of
      any lease shall include the following provisions in all new and renewed leases, in
      addition to all other terms of the lease, using contractually and legally equivalent
      language:

      (1)    Tenant, any members of tenant’s household or any individual under
            tenant’s control shall not engage in drug-related criminal activity on the
            rental premises, as defined in Falcon Heights City Code Section 105-96(c).

      (2)     Tenant, any members of tenant’s household or any individual under
            tenant’s control shall not permit the rental premises to be used for, or to
            facilitate drug-related activity.

      (3)    Tenant, any member of tenant’s household or any individual under tenant’s
            control shall not engage in conduct which would constitute a crime of
            violence, as defined in Minn. Stat. § 624.712, subd. 5, except for offenses
            falling under Minn. Stat. Ch. 152, regardless of whether a charge or
            conviction is obtained.

      (4)    Tenant, any members of tenant’s household or any individual under
            tenant’s control shall not engage in criminal activity on the rental premises,
            as defined in the Falcon Heights City Code Section 105-96(c).

      (5)    Three instances of a violation of any of the above provisions within a
            continuous 36-month period shall be a substantial and material violation of
            the lease and good cause for termination of tenancy. One instance of
            criminal activity or crime of violence that jeopardizes the health, safety, and
            welfare of any individual lawfully on the premises, or involving imminent
            or actual serious property damage on the premises, shall be a substantial and
            material violation of the lease and good cause for termination of tenancy.

      (6)    Tenant shall have the right to contest any determination that they have
            violated the above provisions by following the procedure outlined in the
            Falcon Heights City Code Section 105-96(f).

      (7)    In no event may Landlord take action against Tenant that would constitute
            a violation of Minn. Stat. § 504B.225, or that would penalize an individual
            who sought emergency assistance as defined in Falcon Heights City Code
            Section 105-96(c)(2).

      (8)    The above provisions are in addition to all other terms of the lease and do
            not limit or replace any other provisions or limit a tenant’s rights or
            remedies under the terms of this lease or other applicable law. If any portion
            of these provisions is found to be invalid or unenforceable by a court of
            competent jurisdiction, that portion shall be severed and the remaining
            provisions remain in effect.

(f)    Procedure for violations of crime-free/drug-free lease provisions. The following
      procedures shall govern the enforcement of crime-free/drug-free lease provisions:

      (1)    First violation.

            a.    If the licensee determines for the first time by a preponderance of the
                 evidence that there has been a violation of the crime-free/drug-free lease
                 provisions for a particular tenancy, the licensee shall make all
                 reasonable efforts to provide the tenant with written notice of the
                 violation. Licensee shall also provide a copy of this notice to the city.

            b.    The tenant may appeal the licensee’s determination within ten (10)
                 days of receipt of the notice by providing a written explanation and any
                 evidence demonstrating why the violation does not constitute a
                 substantial and material violation of the crime-free/drug-free lease
                 provisions. Tenant shall send their appeal to the licensee and provide a
                 copy to the city.

            c.    The licensee shall evaluate a tenant’s appeal using the factors outlined
                 in Section 105-96(d)(3)(c). The licensee must provide the tenant and the
                 city with a written final determination on the appeal no later than twenty
                 (20) days after receipt of tenant’s appeal.

      (2)    Second violation.

            a.     If the licensee determines by a preponderance of the evidence that there
                 has been a second violation of the crime-free/drug-free lease provisions
                 within a continuous 24-month period for a particular tenancy, the
                 licensee shall make all reasonable efforts to provide tenant with written
                 notice of this second violation. Licensee shall also provide a copy of this
                 notice to the city.

            b.    The tenant may appeal the licensee’s determination following the same
                 procedure as a first violation. A licensee shall evaluate a tenant’s appeal
                 and provide a written final determination following the same procedure
                 as a first violation.

            c.    If a second violation is not appealed or the appeal affirms the finding of
                 a violation, the landlord and tenant must confer within fourteen (14)
                 days of the final determination to develop an action plan to mitigate
                 further violations. Such action plan must be submitted to the city within
                 seven (7) days of the meeting for approval as appropriate for mitigating
                 further violations and fairly balancing the interests of the tenant and
           landlord.

(3)     Third violation.

      a.     If the licensee determines by a preponderance of the evidence that there
           has been a third violation of the crime-free/drug-free lease provisions
           within a continuous 24-month period for a particular tenancy, the
           licensee shall make all reasonable efforts to provide tenant with a
           written notice of this third violation and that the landlord will proceed
           with terminating the tenancy and/or evicting those individuals who are
           in violation if the tenant does not appeal within ten (10) days of receipt
           of the notice. Licensee shall also provide a copy of this notice to the city.

      b.    The tenant may appeal the licensee’s determination directly to the
           Appeals Body, consisting of the compliance official and two members
           of City Council, by providing the compliance official and licensee
           written notice of appeal within ten (10) days of receipt of the licensee’s
           notice of a violation. Upon filing an appeal, a licensee may take no
           action against a tenant or the individuals in violation while the appeal
           remains pending, except where such stay of action would cause
           imminent peril to life, health, or property.

      c.     The Appeals Body will hear the tenant’s appeal at the next regularly
           scheduled public meeting that is at least five (5) days subsequent to
           receipt of the appeal. The tenant has the right to present evidence,
           testimony, and arguments at such hearing. The licensee also has the right
           to present evidence and arguments at such hearing, including regarding
           the licensee’s compliance with any applicable action plan.

      d.    The Appeals Body shall make a determination on the tenant’s appeal
           within 20 days of the appeal hearing. The Appeals Body may reverse,
           modify, or affirm, in whole or in part, a finding of a violation and direct
           the licensee to evict the tenant, if applicable, and/or take any other
           appropriate action, including but not limited to mitigation measures to
           deter future criminal activity. The Appeals Body shall consider the
           factors outlined in Section 105-96(d)(3)(c), whether the individual failed
           to comply with any applicable action plan, and whether the individual in
           violation still poses a risk to the health, safety, and welfare of any
           individuals on the premises.

      e.     If an individual is evicted or their lease terminated under this section, a
           licensee shall not enter into a new lease with the evicted individual for a
           period of twelve (12) months after the eviction or lease termination at
           any of licensee’s rental dwelling units in the City.

      f.    Additionally, if the Appeals Body finds that a licensee failed to comply
           with their responsibilities under an action plan that addressed mitigation
               measures for the particular prohibited activity or location where the
               prohibited activity occurred, regardless of the tenant’s compliance with
               such plan, the licensee is in violation of this Section and their license
               may be revoked, suspended, or not renewed. Nothing in this section
               prevents the City Council Appeals Body from permitting the compliance
               official to establish an action plan with the licensee to remedy the
               violation in lieu of revocation, suspension, or nonrenewal of the license,
               provided that such remedies may be reinstated upon noncompliance with
               the action plan.

      (4)    In no event may a licensee take action against any tenant that would
            constitute a violation of Minn. Stat. § 504B.225, or that would penalize an
            individual who sought emergency assistance as defined in this section.
            Licensees who have knowledge that a violation of the crime-free/drug-free
            lease provisions constitutes an instance of an individual seeking emergency
            assistance shall not make a determination that the violation constitutes a
            substantial and material violation of the lease.

      (5)    Enforcement of the crime-free/drug-free provisions provided in this
            section shall not be exclusive, and the City may take any action with respect
            to a licensee or individual on the licensed premises as is authorized by this
            Code or state or federal law.

(g)     Form of Notices. The compliance official shall maintain template notices for all
      notices that a licensee is required to provide under this section. All notices a
      licensee is required to provide under this section shall contain substantially the
      same form and language as the template notices.

(h)    Record-keeping.

      (1)    Licensee shall retain for three (3) years after receipt of an application for
            rental housing the following records: all rental applications, criminal
            background screening records, communications between landlords and
            applicants relating to criminal background screening, and any rental
            determination made, including the basis for that determination, to the extent
            allowed by state and federal law.

      (2)    Licensee shall retain a copy of each lease for three (3) years after the
            expiration of the lease term or renewed lease term.

      (3)    Licensee shall retain a copy of all records related to enforcement of the
            crime-free/drug-free lease provisions for three (3) years after a final
            determination in the enforcement action.

      (4)    Licensee shall provide any of these records to the city upon request.

 (Ord. No. 25-07, § 7, 12-10-2025)