I have very little sympathy toward landlords in this matter.  If anything a
$25 cap is
too high.

I am a property owner, and I have been a landlord.  Before that I was a
renter. I
have never done a background check.  I have never once applied to rent in a
place
where a fee was charged - that was one of my litmus tests in whether a
landlord
was someone with whom I would want a business relationship.

Unfortunately, too many people in Minneapolis do not have the same choice.
No
matter how poor I was at the time, I was white, going to college, and had
no
language barrier.  I was not easy prey for unscrupulous landlords.  And
there were
quite a number of those I ran into - they all charged fees, and they all
balked at
giving me a look at their rental agreements before putting down an
application/
money.

Doing a background check is overhead.  Landlords pay for upkeep of a
property,
for advertising/signage, sometimes for administrative help, and much more.

Assuming that a landlord gets several applicants within a short time, it is
not hard
to get a background check on the first couple, and hold off on the others.
Chances
are, a new tenant checks out and gets a call to sign a lease. If there are,
say, 30
applicants for a single apartment over a number of days, there is no reason
to
consider and run background checks on all of them - and I strongly doubt
that any
landlords would.  There isn't even a reason for a landlord to take that
many
applications rather than telling callers that there are so many applicants
already
that it is unlikely they'd get the apartment.  But that little detail
wouldn't stop many
landlords from taking the money they allegedly charge for a background
check.

The $50 - $100 the honest landlord just spent running background checks on
the
initial 2-3 applicants is far less than many other expenses in dealing with
the
property, and assuming he or she insists on passing this along the fee
distributes
nicely when added to a year's rent - that's about $8/month MAX in higher
rent, if
the landlord isn't using it as a lame excuse to take advantage of renters.

If landlords have a bad rap in this town, it's because there is a certain
percentage
who fully deserve it, and more.  That's a pity, because there are a lot of
wonderful
landlords in this town as well.

This ordinance isn't about curbing abuses of those who can afford to be
choosy.
It's about protecting the many residents of Minneapolis for whom finding a
place
to live - much less one that a landlord maintains for health and comfort -
that
they can afford is difficult.  Unscrupulous landlords love to play "us vs.
them" and
tell scary stories - but the fact is that most renters getting shafted are
very decent,
hard working, but poor people.

- Roxana Orrell, Central


Doug Mann Wrote:

I am strongly inclined to support councilman Schiff's proposed ordinance to

regulate rental application fees because its ban on the collection of
multiple
fees and disclosure provision would lay the ground work for effective and
low-cost enforcement of fair housing laws.

According to the Star-Tribune article by Randy Furst, Under Schiff's
proposal:

�ۢ Rental application fees would be capped at $25.

�ۢ Rental property owners would be required to disclose to the applicant
in
writing the criteria on which the application will be judged. (For example,
it
might say that the landlord doesn't rent to someone who has an eviction on
their record.)

�ۢ If the applicant paid a fee and is then rejected, the owner must
provide
the tenant written reasons for the rejection and must refund the fee if the

tenant is turned down for reasons other than the criteria.

�ۢ If an applicant has paid the fee, the landlord may not collect another
application fee for the unit unless the first applicant has been screened
and
rejected or is offered the unit and declines to take it.

�ۢ Violating the ordinance may result in a $200 fine and contribute to
revoking the rental license.
http://www.startribune.com/stories/462/4989462.html

Comments about the disclosure provision: The provision

Acceptance of the rental application fee would indicate that the
prospective
tenant is the first in line, and is at least minimally qualified to rent
the
unit. If the information on the application form is found to be accurate,
the
tenant should get a firm offer to rent the dwelling unit. Refusal to rent
for
"other reasons" means that the landlord either didn't disclose some
criteria

(and is not in compliance with the ordinance), or the landlord cannot lease
the
unit to a new tenant for reasons unrelated to the tenant's qualifications
(such as the landlord losing his/her rental license, the property being
deemed
unfit to inhabit, etc).

The landlord's criteria should be objective and very specific, such as
income
guidelines, so that anyone looking at the information on the application
form
can easily figure out if a particular applicant is qualified. In my view,
such a disclosure rule should be applicable to ALL landlords, not just the
one's
who accept application fees.

-Doug Mann, King Field
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