Faribault, Minn., Code of Ordinances ch. 7, art. V § 7-42

(a) Purpose. The city council finds that repeated police calls to rental dwelling units in the city related to disturbances or criminal activity have taxed law enforcement resources. The city council also finds that persons residing in rental dwelling units who engage in disorderly conduct or cause nuisance conditions create an unacceptable environment for others living in close proximity, thereby threatening the public safety and welfare of the community. In order to preserve and protect the city's neighborhoods and to promote public safety, the city council enacts this section. For the purpose of this section of the city Code, the crime-free housing program shall refer to the Minnesota Crime Prevention Association's Crime-Free Multi Housing Program, unless otherwise indicated or amended by this section. The phases of the program include, but are not limited to, the conditions set forth below.
(b) Crime-free housing program overview.
(1) An owner, agent or property manager of a rental dwelling in the city must comply with the following components of the city's crime-free housing program:
(i) Attend a certified eight-hour crime-free housing course presented by the police department, fire department, public housing and others, which shall include fair housing training. Training will be available in English, Somali, Spanish and sign language, if requested.
(ii) For any housing provider who previously completed the training in section 7-42 (b)(i) prior to July 5, 2022, they must complete a video training (pre-recorded) on conducting criminal background checks in compliance with the requirements of the ordinance, as well as federal and Minnesota law. The training video is available on the city's website.
(iii) Use a written lease which includes the crime-free/drug free housing lease addendum.
(iv) Actively pursue the eviction of the tenants or termination of the lease with the tenants who violate the terms of the lease and/or the crime free/drug free housing lease addendum. Nothing in this provision restricts licensees from entering into leases with applicants possessing a criminal history.
(2) It is recommended, but not required, that an owner, agent or property manager of a rental dwelling 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 subsection 7-42 (d).
(c) Crime-free housing program training.
(1) Every owner, agent, or property manager of a rental dwelling must attend a crime-free housing training program that is either offered by the city or another municipality within the State of Minnesota. Each owner, agent, or property manager will be charged a fee to attend the crime-free housing training if attended in the City of Faribault. The owner, agent, or property manager will provide the city with proof of having received such training to the Faribault Police Department if it is obtained from another city or other source.
(2) All new rental licenses applied for and issued after the adoption of this chapter have two (2) years from the day of license issuance for the owner, agent or property manager to attend and provide proof of completion of the crime-free housing training. Licenses may be considered for revocation, suspension or nonrenewal for failure to attend the crime-free housing training and provide proof to the Faribault Police Department within the deadlines proscribed herein.
(d) Tenant background checks. All licensees who choose to conduct criminal background checks on prospective tenants eighteen (18) years and older must do so in compliance with the following two-step procedure. Licensee must provide the written copy of this two-step criminal background check policy, provided by the city, to the applicant prior to accepting the application or application fee.
(1) 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, as long as the policy is applied to all applicants consistently. The limited criminal background screening will consider only:
(i) Felony criminal convictions related to the following categories of offenses: (1) property offenses, 1 (2) fraud offenses, 2 (3) major violent offenses against persons, 3 and (4) sex offenses. 4 Any other category of offense will not be considered. These categories were identified because they involve conduct by a person whose tenancy may present a current direct threat of harm to others or the risk of substantial damage to the property of others. [3]
(ii) Only those felony criminal convictions in the above listed categories where the conviction occurred within the last five (5) years.
(iii) The property's limited criminal background screening will not consider arrests, charges, expunged convictions, convictions reversed on appeal, vacated convictions, offenses where adjudication was withheld or deferred, pardoned convictions, and sealed juvenile records for any applicant or tenant. It will not treat people differently based on whether the applicant is on probation or parole.
(2) Step two: Individual assessment. If an applicant is identified as having a felony criminal conviction in one of the specified categories of offenses within the five (5) years prior to the application ("covered criminal conduct"), the property will provide an individual assessment of the applicant's current situation. The purpose of the assessment is to determine whether the applicant is able to fulfill the obligations of tenancy at the property.
(i) The property will first send a written notice to each applicant identified as having covered criminal conduct that includes specific information from the background check that creates a concern. The notice will inform the applicant that covered criminal conduct was identified in the limited criminal background screening and will invite the applicant an opportunity to provide additional information within seven (7) days of receipt of the written notice for the property to consider. The requested information could include, for example, letters from parole officers, case workers, counselors, family members, or community organizations commenting on the applicant's responsible conduct and rehabilitation efforts. The form of this request letter (the "REQUEST FOR ADDITIONAL INFORMATION" letter) is attached as Appendix A, and will be available on Faribault's website.
(ii) Based on the information received from the applicant, as well as the information provided by the property's criminal background screening provider, the property will then conduct an individual assessment of each applicant identified as having covered criminal conduct. The property will consider all applicants equally and render decisions in a fair and consistent manner. The property will consider the following factors in determining whether to approve or reject the application:
(1) The facts or circumstances surrounding the criminal conduct;
(2) The age of the applicant at the time of the occurrence of the criminal offense;
(3) Evidence of a good tenant or employment history before or after the conviction or 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 offense occurred;
(7) Whether the conduct/conviction arose from the applicant's status as a survivor of domestic violence, sexual assault, stalking, or dating violence;
(8) Whether the conduct/conviction arose from an applicant's disability, including mental illness; and
(9) Any other information related to whether the applicant's specific criminal history creates the potential that the property's current residents, employees, or property will be exposed to a heightened risk of crime.
(3) If an applicant does not provide information for the property's consideration within seven (7) days of the date of receipt of the "REQUEST FOR ADDITIONAL INFORMATION" letter, the property will assess the applicant based upon available information obtained during the application process, including the information received from the property's credit and criminal background screening provider.
(4) If, after the individual assessment described above, the property decides to reject an applicant, then on the day of such determination, the property will send to the applicant a "CRIMINAL BACKGROUND ADVERSE ACTION LETTER in the form attached hereto as Appendix B.
(5) Record-keeping requirements.
(i) Licensees will retain for three (3) years after receipt of an application for rental housing, and make available to the city and its designees upon request, the following information: all rental applications; the criminal records associated with those applications; letters between the landlord and applicant; the rental decision for that applicant; and the basis for that decision, to the extent allowed by state and federal law.
(ii) Licensees must make these records available to the city, upon request by the city.
(e) Crime-free/drug-free housing lease addendum requirements. All tenant leases for rental units governed by this article shall contain the crime-free/drug-free housing lease addendum. The crime-free/drug-free housing lease addendum provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. These lease provisions shall be incorporated into every new and renewed lease for a tenancy. The lease addendum shall contain the following "crime-free/drug-free" language or language that is the contractual and legal equivalent as follows:
(1) Tenant, any members of the tenant's household or a guest shall not engage in drug-related illegal activity, in the said premises or in the common area or curtilage of the premises. "Drug-related illegal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance, as defined by Minnesota. Statute 152.01, subdivision 4.
(2) Tenant, any members of the tenant's household or a guest will not permit the dwelling to be used for, or to facilitate drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household.
(3) Tenant, any members of the tenant's household or a guest, shall not engage in acts of violence, that is, behavior involving physical force intended to hurt, damage, or kill someone or something.
(4) Violation of the above provisions shall be a material violation of the lease and good cause for termination of tenancy. A single violation of any of the provisions of this agreement shall be deemed a serious violation and material noncompliance with the lease. Tenants shall have the right to contest any determination that they have violated the above provisions.
(5) Non-exclusive remedies. The crime-free/drug free provisions are in addition to all other terms of the lease and do not limit or replace any other provisions.
(f) Crime-free housing violations.
(1) Upon determination by the Faribault Police Department by a preponderance of the evidence that a licensed premises or dwelling unit within a licensed premises was used in violation of the crime-free/drug-free lease provisions of this subchapter, the police department shall cause notice to be made to the owner, agent, or property manager of the violation. If the violation of the crime-free/drug-free lease addendum committed on the licensed premises would rise to the level of a felony charge under state or federal law, the police department shall cause notice to be made to the owner, agent, or property manager to proceed with termination of the tenancy of all tenants occupying the unit, except for a "tenant victim" as described in subsection 7-41 (j). If the violation of the crime-free/drug-free lease addendum committed on the licensed premises would rise to the level of a misdemeanor or gross misdemeanor charge under applicable law, the police department may cause notice to be made to the owner, agent, or property manager to proceed with termination of the tenancy of all tenants occupying the unit if the violation threatens the peaceful enjoyment or safety of any other resident or neighbor to the premises, except for a "tenant victim" as described in subsection 7-41 (j).
(2) Written notice, hearing. Any determination by the police department for the termination of tenant's lease based on a violation of the crime free/drug free lease provisions shall be preceded by written notice to the licensee of the grounds therefore. The licensee, agent, or property manager shall notify the tenant or tenants in writing within ten (10) days of the notice of violation of the crime free/drug free lease language and advise the tenant(s) of the termination of the tenancy as directed by the police department. The licensee and the tenant will be given an opportunity to challenge the determination at a hearing conducted before the city council prior to termination of the tenancy by the licensee. The licensee or tenant shall request the hearing within twenty (20) days after receipt of the police department's notification of the termination of the tenancy.
In the event a hearing is requested by the licensee or tenant, a determination that a licensed premises or any particular dwelling unit has been the location of a violation of the crime-free/drug-free lease addendum shall be made upon a finding of fact by the city council by a preponderance of the evidence. It shall not be necessary that criminal charges be brought in order to support such finding, nor shall the dismissal or acquittal of such criminal charge operate as a bar to any action under this section. Upon completion of the hearing, the city council shall issue a decision to either uphold or reverse the determination of the police department to terminate the tenancy only upon written findings and notice to the licensee and the tenant.
In the event a hearing is not requested by the licensee or the tenant, the licensee, agent, or property manager shall notify the tenant or tenants within twenty (20) days of the notice of violation of the crime free/drug free lease language and advise the tenant(s) of the termination of the tenancy as determined by the licensee.
(3) The licensee shall not enter into a new lease with an evicted tenant (or with a tenant whose tenancy was otherwise terminated for violating the crime-free/drug-free lease language) for a period of one year after the eviction or lease termination for a rental dwelling unit that is owned or operated by the licensee in the city.
(4) If the Faribault Police Department determines that the licensee or agent has proceeded in good faith to secure termination of the tenancy in accordance with this subsection, but was unsuccessful for reasons beyond the owner or agent's reasonable control, then the licensee shall not be subject to the penalties.
(5) Any person who violates any part of this article, upon conviction thereof shall be guilty of a misdemeanor, punishable in accordance with state law which may include up to ninety (90) days in jail. Nothing in this article however is deemed to limit other remedies or civil penalties available to the city under city Code or state law. Each day that a violation continues is deemed a separate punishable offense.
(6) Tenant remedies. Nothing in this article limits a tenant's rights or remedies under the terms of the lease or other applicable law.
APPENDIX A REQUEST FOR ADDITIONAL INFORMATION ON CRIMINAL BACKGROUND
[Date]
Dear [Applicant Name],
Thank you for your recent application to [insert housing complex or address].
A limited criminal background check has indicated that you have been convicted of the following felony(ies) within the last five years: • [CONVICTION(S)]
This limited criminal background check was provided by [insert provider of criminal screening results]. If you believe this information to be incorrect, you may contact [insert provider of criminal screening results], which can be reached at [ADDRESS] or by phone at [PHONE NUMBER]. We encourage you to contact [insert provider of criminal screening results] to request a free copy of the criminal background report. If any discrepancies exist, you may open a dispute with [insert provider of criminal screening results]..
You may also submit documentation to [insert licensee] at [EMAIL ADDRESS/MAILING ADDRESS] that establishes that an expunged conviction, a conviction overturned on appeal, or sealed juvenile records erroneously appeared. Such information will not be considered in the criminal background screening process.
If you do not believe that the criminal background check was in error and you have been convicted of the above listed felony(ies) within the last five years, [insert licensee] will consider whether to withdraw your conditional offer based on an individualized consideration of the following factors: (a) the facts or circumstances surrounding the criminal conduct; (b) your age at the time of the crime; (c) evidence of a good tenant and employment history; (d) evidence of rehabilitation efforts; (e) the time that has elapsed since the occurrence of the conduct; (f) any information about you that indicates good conduct since the offense occurred; and (g) any other factors related to whether your specific criminal history poses a threat to the safety and security of [insert licensee]'s residents and associates or to the property. No single factor will be outcome determinative.
To facilitate this evaluation, we are requesting that you provide us with any additional information that you would like us to consider. Please contact us at the number below and/or return this form by email to [EMAIL ADDRESS] or addressed to [MAILING ADDRESS] with any additional information.
If you would like us to consider additional information, please provide us with any of the following information (as applicable) within seven (7) days of receipt of this letter: • The date(s) of the conviction(s);
• Your age when the conduct occurred;
• The specific crime(s) of which you have been convicted;
• The facts and circumstances of the criminal conduct;
• Any rehabilitation efforts that you have undertaken;
• Any evidence of proof of employment;
• Any evidence of good rental history;
• Letters of recommendation from case workers, counselors, therapists, probation/parole officers, community organizations, family members, employers, or teachers commenting on your responsible conduct and rehabilitation efforts (each letter is important);
• Certificate of completion of a treatment program relevant to the conduct underlying the conviction;
• Certificate of completion of an employment or vocational training program; and
• Any additional relevant information that you would like [insert licensee] to consider.
Providing this information does not guarantee that your application will be approved.
If you do not provide the information requested in this letter within the seven (7) day period referenced above, we will conduct our assessment based solely on the information obtained in the application process, including the information received from [insert licensee]'s criminal background screening provider.
Sincerely,
[NAME] [CONTACT INFORMATION]
APPENDIX B CRIMINAL BACKGROUND ADVERSE ACTION LETTER
[Date]
Dear [Applicant Name],
Thank you for your recent application to [insert licensee].
We have reviewed your application and conducted an individualized assessment based on the following information: [ ] Information contained in consumer report(s) obtained from or through [insert provider of credit screening results, if any], which may include credit or consumer information from one or more credit bureaus or consumer reporting agencies;
[ ] Information contained in the limited background check 6 conducted by [insert provider of criminal screening results];
[ ] All of the information that you provided to us in response to our Request for Additional Information on Criminal Background, dated [Date of Reply to Request for Additional Information]. This information included: [LIST INFORMATION PROVIDED BY APPLICANT].
[ ] Other:
IF APPLICANT DID NOT PROVIDE INFORMATION IN RESPONSE TO LETTER : You did not provide any additional information to us in response to our Request for Additional Information on Criminal Background, dated [Date of Request]. Accordingly, we reviewed only available information obtained during the application process, including the information received from [insert licensee credit and criminal background screening provider].
Based on this individualized assessment, at this time, we are withdrawing our conditional offer to rent a unit at [insert licensee] because [description of the outcome of individualized review].
Sincerely,
[NAME] [APPLICANT CONTACT INFORMATION]
6 The limited criminal background screening only considered the following category of felony offenses in which the conviction occurred within five years prior to the application: (1) property offenses, (2) fraud offenses, (3) major violent offenses against persons, and (4) sex offenses. Any other category of offense was not considered. These categories were identified because they involve conduct by a person whose tenancy may present a current direct threat of harm to others or the risk of substantial damage to the property of others.
NOTICE OF RIGHTS
You have certain rights under federal and state law with respect to your consumer report. If any person takes adverse action based in whole or in part on any information contained in a consumer report or credit report, you have the right to a disclosure of the information in your consumer file from the agency that provided such information, if you make a written request to them and provide proper identification within sixty (60) days of receiving this denial. The federal Fair Credit Reporting Act (FCRA) also provides that you are entitled to obtain from any nationwide credit reporting agency or credit bureau a free copy of your report in any twelve-month period. You have the right to directly dispute with the consumer reporting agency and/or credit bureau the accuracy and completeness of any information furnished by that agency or bureau and to provide a consumer statement describing your position if you dispute the information in your consumer file.