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2019.10.08 WS Packet
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2019.10.08 WS Packet
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27 <br /> <br />Desmond, Professor of Sociology at Princeton University and author of the Pulitzer Prize <br />winning book, Evicted: Poverty and Profit in the American City, emphasizes the importance of <br />addressing both formal and informal evictions.83 The Milwaukee Area Renters Study (MARS) <br />found that informal evictions accounted for twice as many forced moves as formal evictions.84 <br />Recent studies of eviction trends in Minneapolis and Greater Minnesota have focused <br />exclusively on formal eviction, citing a lack of data sources tracking nonrenewals or lease <br />terminations. According to a 2016 report, over 3,000 evictions are filed in Minneapolis each <br />year.85 Another report found that approximately 16,000 evictions were filed in Minnesota in <br />2017.86 Anecdotal evidence suggests that the prevalence of lease terminations and nonrenewals <br />in the metro area would mirror the findings of the MARS study.87 <br /> <br />In addition to the quantitative data, qualitative data from legal services agencies also bear <br />out the need to consider extending good cause protections to the private market. In 2015, the <br />Crossroads Apartment complex in Richfield, a multi-building community with almost 700 <br />households, was sold. All residents were given notice that their leases would not be renewed, <br />but they were told that they could reapply under the new screening criteria. Residents who had <br />been lease compliant and were able to afford the new rents were denied the ability to stay in their <br />apartments because they were not able to meet new credit or rental history standards. <br /> <br />Legal services staff have also relayed stories of retaliatory nonrenewal notices because of <br />tenants contacting inspections or requesting repairs be made. While there are anti-retaliation <br />laws in Minnesota’s housing statutes, they are only able to be raised as a defense to an eviction <br />action being filed. In other words, in order for a tenant to claim that a nonrenewal was due to <br />retaliation, they would need to stay past the vacate date (hold over), have an eviction action filed <br />against them, and then appear in court to raise retaliation as a defense to the eviction. According <br />to legal services staff, most tenants are not willing to risk an eviction on their record in order to <br />raise a retaliation defense, and instead simply move out. <br />The City’s Role in the Process <br /> <br />Where cities choose to extend just cause protections to tenants, they are simply adopting an <br />ordinance that sets the standard for determining good cause (valid reasons for lease termination). <br />In any given eviction case, the City plays no role in determining just cause. In the event the <br />tenant and landlord cannot ultimately agree on a resolution, it is up to the local eviction court to <br /> <br />83 Andrew Flowers, How We Undercounted Evictions by Asking the Wrong Questions, <br />FIVETHIRTYEIGHT (Sept. 15, 2016, 10:02 AM), https://fivethirtyeight.com/features/how-we- <br />undercounted-evictions-by-asking-the-wrong-questions/ <br />84 Andrew Flowers, How We Undercounted Evictions by Asking the Wrong Questions, <br />FIVETHIRTYEIGHT (Sept. 15, 2016, 10:02 AM), https://fivethirtyeight.com/features/how-we- <br />undercounted-evictions-by-asking-the-wrong-questions/ <br />85 MINNEAPOLIS INNOVATION TEAM, EVICTIONS IN MINNEAPOLIS 2 (2016). <br />http://innovateminneapolis.com/documents/Evictions in Minneapolis Report.pdf <br />86 HOME LINE, EVICTIONS IN GREATER MINNESOTA 2 (2018). https://homelinemn.org/wp- <br />content/uploads/2018/06/Evictions-in-Greater-Minnesota-Report-with-Appendix.pdf <br />87 HOME LINE, EVICTIONS IN GREATER MINNESOTA 4 (2018). https://homelinemn.org/wp- <br />content/uploads/2018/06/Evictions-in-Greater-Minnesota-Report-with-Appendix.pdf
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