Winona, Minn., City Code ch. 33A (2026) § 33A.03

33A.03 RENTAL HOUSING LICENSE
(a)   License Required, Application. Unless licensed by the State of Minnesota, all
           dwellings, dwelling units, roominghouses, rooming units, residential retreat
           centers, bed and breakfasts, and tourist homes must at all times have a valid
           rental housing license issued pursuant to this chapter upon such building or
           structure. The owner or manager of a structure, in which one or more dwelling
           units or rooming units are let or intended to be let, shall make application for a
           rental housing license prior to letting the unit, unless such unit is currently
           certified. An owner or manager of such structure shall not allow occupancy of
           such unit until the certification-inspection fee has been paid and a rental housing
           license has been issued. The issuance of a rental housing license for a building
           or structure is subject to a prior passing (in compliance with this chapter and
           applicable law) inspection by the Building Official, Building Inspector or such
           other personnel designated by the City Manager, provided, however, that
           following such inspection and any subsequent or follow-up inspections deemed
           necessary by the inspector to ensure compliance or correct deficiencies or
           violations, the Building Official or Building Inspector, or such other personnel
           designated by the City Manager, may, in his or her sole judgment and discretion
           based upon circumstances demonstrating that the building or structure will be
           brought timely into compliance with this chapter, issue a temporary rental
           housing license not exceeding 3 months in duration in order to bring the unit into
           compliance with this chapter.

     (b)   Issuance. The Building Official or Building Inspector shall issue a rental housing
           license for each dwelling, dwelling unit or rooming unit or such other building or
           structure governed by this chapter, when upon inspection, the Building Official or
           Building Inspector finds such unit meets or exceeds the minimum requirements
           set forth by this chapter. Such license shall show the number of occupants for
           which the dwelling, dwelling unit or rooming unit is approved for and once issued
           shall remain valid until it expires under the terms of this chapter, or is suspended
           or revoked, or until such time as the Building official or Building Inspector
           determines that the dwelling, dwelling unit or rooming unit does not meet the
           minimum requirements set by this chapter.

     (c)   Term, Renewals and Transfers. A rental housing license shall expire five (5)
           years after the date of issuance, unless sooner terminated as provided in this
           chapter. A passing inspection of all dwellings, dwelling units or rooming units, or
           such other building or structure governed by this chapter, shall be required prior
           to issuance of a rental housing license or any renewal thereof. If there is a
           change of ownership, the new owner shall apply for a transfer of the rental
           housing license on a form provided by the City within 60 days of the transfer of
           ownership. Failure to timely transfer a rental housing license following a change
           in ownership shall result in termination thereof. In the event of termination for

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failure to timely transfer a license, a new application shall be required as
      provided in this chapter and the Building Official or Building Inspector may issue
      a temporary rental housing license not exceeding 3 months in duration in order to
      allow for processing of the application, any subsequent inspection as determined
      necessary by the Building Official or Building Inspector, and issuance of a new
      license. A new license fee shall also be paid prior to issuance of the new license.

(d)   Revocation. A Rental Housing License may be suspended or revoked as
      prescribed in section 51.02 of this Code.

(e)   Fees. A Rental Housing License-inspection fee as set forth in section 51.01 of
      the Winona City Code shall be paid prior to issuance of a rental housing license.
      If multiple re-inspections are required to achieve code compliance, a re-
      inspection fee may be charged to the property owner as determined by Section
      51.01 of this Code.

(f)   Payment of Real Estate Taxes, Assessments and Other Municipal Charges. At
      the time of initial application and renewal of a rental housing license, the
      applicant/licensee shall provide evidence to the City that all unpaid or delinquent
      real estate taxes, assessments and municipal service charges on the subject real
      property are paid and are current for the applicable period. Rental housing
      licenses will not be issued or renewed if there are unpaid and delinquent
      municipal charges, assessments or prior years taxes owed on the subject real
      property, except as authorized by the City Council. During the license term, the
      applicant/licensee shall pay all real estate taxes, assessments and municipal
      charges on the subject real property as they become due and payable. Failure
      by an owner of a licensed property to continually pay all real estate taxes,
      assessments and municipal charges on the subject real property as they become
      due and payable throughout the term of the license constitutes grounds for
      revocation or suspension of the rental housing license.

(g)   Additional Inspection. The Building Official or Building Inspector shall inspect a
      unit upon receiving a legitimate complaint from a complainant willing to leave
      their name and address; anonymous complaints shall not be handled.
      Complainant data shall be kept pursuant to the Minnesota Government Data
      Practices Act, Minn. Stat. c.13. Upon inspection and finding a violation the
      inspector shall notify the owner, manager or tenant in writing to correct the
      violation. Failure to timely correct any noticed violations shall result in
      enforcement pursuant to this chapter. The owner or manager may request an
      advisory inspection of a unit.

(h)   Prohibited Acts. Whoever does any of the following shall be guilty of a
      misdemeanor.

      (i)    No License. Allows occupancy of a dwelling unit or rooming unit prior to
             the issuance of a rental housing license and payment of the license
             inspection fee.

      (ii)   Over Occupancy. Permits a dwelling unit or rooming unit to be occupied
             by more persons than the dwelling unit or rooming unit or such other
             building or structure governed by this chapter is certified for.

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(iii)    Occupying Vacated Unit. Occupies or allows occupancy of a unit or such
                 other building or structure governed by this chapter that was posted and
                 ordered vacated.

        (iv)     Occupying Uncertified Bedrooms. Occupies or allows occupancy of a
                 room as a bedroom that is not certified as a bedroom and does not qualify
                 as a bedroom.

        (v)      Inspections. Fails to allow timely inspection of a licensed dwelling unit or
                 rooming unit, or such other building or structure governed by this chapter.

(i)     Limitation of rental housing in low density neighborhoods. In R-R, R-S, R-1, R-
        1.5 and R-2 districts of the city, no more than 30 percent (rounded up) of the lots
        on any block shall be eligible to obtain certification as a rental property. This
        shall include homes in which roomers and/or boarders are taken in by a resident
        family. This shall not include Bed and Breakfasts and Owner-Occupied Tourist
        Homes.

        A block is defined as a group of properties bounded entirely by streets, public
        land, railroad rights of way, zoning district lines, corporate limit lines, or physical
        features such as rivers, outcroppings, ponds or lakes; provided that final
        delineation of a block shall be made by City staff. When determining the number
        of eligible properties on a block, the number shall be the lowest number that
        results in 30 percent or more of the residential lots being rental. The following
        table indicates how many lots are able to be certified as rentals based on the
        number of lots that exist on a block.

Lots    Rental     Lots    Rental    Lots    Rental    Lots    Rental     Lots     Rental
1-3       1        21-23     7       41-43    13       61-63    19        81-83     25
4-6       2        24-26     8       44-46    14       64-66    20        84-86     26
7-10      3        27-30     9       47-50    15       67-70    21        87-90     27
11-13     4        31-33    10       51-53    16       71-73    22        91-93     28
14-16     5        34-36    11       54-56    17       74-76    23        94-96     29
17-20     6        37-40    12       57-60    18       77-80    24        97-100    30

        In cases in which one portion of the block is in an affected zone and another is in
        an exempt zone, only the affected portion is subject to this regulation.

        (i)      Exceptions. This limitation shall not apply to state licensed residential
                 facilities nor to rental properties which are validly licensed as of the date
                 of adoption of this ordinance. The latter will be counted among the 30
                 percent of allowable rental houses for purposes of determining whether
                 new licenses may be issued.

        (ii)     Exempt Districts. Property located within the following zoning districts are
                 exempt from this rule: AG/NR, R-3, B-1, B-2, B-3, I-1, I-2, MU-N, MU-DC,
                 MU-DF.

        (iii)    Temporary Rental License. Notwithstanding the foregoing, a property
                 owner, whose property is subject to the 30 percent limitation, may obtain
                 a temporary rental license for his or her property for a period of time not
                 exceeding 12 consecutive months under the following conditions:

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1.     The property is actively being offered for sale to the public
                      by the owner, or by any authorized agent of the owner, during the license
                      term.

                              2.     The property shall be temporarily licensed for rental
                      purposes only if the property complies with all applicable City and State
                      rental housing requirements.

                              3.      The property shall be licensed only for one of the following:
                      (a) one adult living alone; or (b) two unrelated adults living together with
                      any dependents by birth, adoption or law; or (c) any number of persons
                      related by blood, marriage, adoption, or law.

                             4.       The temporary rental housing license shall terminate
                      immediately upon the closing of a sale of the property to a purchaser or at
                      the end of the license term, whichever event first occurs.

                              5.     A copy of the lease agreement shall be deposited with the
                      City’s Community Development Department within one week from the
                      date of the execution of the lease.

               Ord. No. 4063 12/18/2017