Hastings, Minn., Mun. Code ch. 157 (2026) § 157.12
Hazardous Conditions, Built-In Deficiencies, Procedure
Operative Text
Procedure. If the Housing Official determines that there exists in a building a condition that constitutes an immediate hazard to the health and safety of its occupants, the Housing Official may:Issue a compliance order requiring immediate compliance if the condition can reasonably be corrected; Proceed against the building pursuant to applicable city code provisions and state laws relating to hazardous or unsafe structures; or Recommend that the City Council proceed to correct the condition by abating it as a nuisance under City Code Chapter 95.96, and through issuance of an Administrative Citation per City Code Chapter 10.25. Built In Deficiencies. It is determined that certain conditions within existing buildings, lawful at the time of the construction of the building, may not comply with the minimum requirements of this chapter. Such conditions are herein referred to as built-in deficiencies, and the Housing Official, in administering this chapter, must consider the following built-in deficiencies as being beyond reasonable correction:Ceiling heights. An existing habitable room with less than a 7-foot ceiling height. Superficial floor area. An existing habitable room with less than 70 square feet. Natural light and ventilation. An existing habitable room with window area less than 8% of the floor area provided, however, that in no case may the required area of light and ventilation be less than 5% of the floor area. (Prior Code, § 17.12) HISTORY Amended by Ord. 2023-15 on 9/18/2023
Section 157.12 of Hastings' Structure Maintenance Code for Rental Residential Properties establishes two related frameworks. First, when a Housing Official identifies an immediate hazard to occupant health or safety, the code authorizes a range of responses — from issuing a compliance order to pursuing action under city or state hazardous-structure laws, or recommending the City Council abate the condition as a nuisance and issue an Administrative Citation under City Code Chapter 10.25. Second, the provision recognizes that some older buildings contain 'built-in deficiencies' — features like low ceiling heights (under 7 feet), small habitable rooms (under 70 square feet), or insufficient natural light and ventilation — that were lawful when built and are considered beyond reasonable correction under this chapter.
Plain English — not legal advice.
Under § 157.12, property owners and managers should be aware that the Housing Official holds broad authority to act swiftly when an immediate hazard is identified, including issuing compliance orders that require prompt remediation. Compliant operators generally maintain records of their building's construction history and any known built-in deficiencies, so they can demonstrate that certain conditions — such as ceiling heights under 7 feet or habitable rooms under 70 square feet — predate current standards and fall within the code's recognized category of features beyond reasonable correction. When a compliance order is issued under this section, operators typically respond promptly and document all corrective steps taken to address the identified hazard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 157.12 gives the Hastings Housing Official authority to act when a rental unit contains conditions that pose an immediate hazard to health or safety, which means tenants who believe such a condition exists in their building may have grounds to request an inspection or file a complaint with the city. If the Housing Official determines a hazard exists, the code allows for escalating responses, including referral to the City Council for nuisance abatement and issuance of an Administrative Citation under City Code Chapter 10.25. Tenants seeking to understand their rights under this provision may benefit from contacting a local tenant-rights organization or reviewing the city's housing complaint process to learn about available enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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