A. Rental License Required: No property owner, manager, or licensed real estate professional may let to another for rent and/or occupancy any dwelling, dwelling unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as defined by the Property Maintenance Code and hereinafter cumulatively referred to as "rental unit" in the City unless such person holds a current rental license issued by the City Manager in the name of the property owner, manager, or licensed real estate professional for the specific rental unit. (Ord. 21-18, 7-2-2018)
B. Application Requirements: Completion of a rental license application must be made by the property owner, manager, or licensed real estate professional and must include, but not be limited to, the following information:
1. Address of the rental unit(s), including correct unit identifications.
2. Number and type of rental units in the structure.
3. Number of units, in the structure, for which housing choice vouchers are accepted.
4. Owner's name and contact information, including:
a. Mailing address.
b. Telephone number during normal business hours.
c. Telephone number in the event of an emergency.
d. E-mail address, if available.
5. If the property owner has retained a property manager the property owner must provide the following information:
a. Property manager's name.
b. Property manager's mailing address.
c. Property manager's telephone number during normal business hours.
d. Property manager's telephone number in the event of an emergency.
e. Property manager's e-mail address, if applicable.
f. A statement that the property manager or real estate professional has the same authority and responsibility as the property owner for maintaining the rental unit(s).
6. The property owner, manager, or licensed real estate professional must designate a responsible agent to represent the property owner, manager, or licensed real estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a license is sought. The agent must have the same authority and responsibility as the property owner for maintaining the rental unit(s). (Ord. 9-19, 1-22-2019)
C. Duty To Report Changes: The property owner or registered manager or real estate professional is responsible to inform the City of any subsequent changes to any information on the rental license application which has changed at the time of such changes, and at any time changes occur after the initial registration.
D. Rental License Fees: The City Council, by resolution, establishes a fee schedule to defray the costs of inspections, enforcement, and administration of the provisions of this Code.
E. Rental License Term:
1. Rental licenses will be issued for a term of one year. A rental license issued during the course of the year will be put on the standard cycle for rental license expiration which may result in a prorated rental license term of less than one year.
2. If a property owner, manager, or licensed real estate professional is designated a priority category under section 14-1J-4 of this article, the City Manager may reduce the term of the rental license from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a violation which would qualify the individual for priority category status.
F. Annual License Renewal:
1. Rental licenses must be renewed annually, upon notice issued by the City Manager to the property owner or registered manager or licensed real estate professional holding the rental license(s).
2. Application for renewal of a rental license may be made within sixty (60) days prior to the expiration of an existing rental license.
3. Application for renewal of rental licenses will be sent at the beginning of each calendar year and must be remitted within sixty (60) days.
G. Renewal Fees Due: Renewal fees will be invoiced at the beginning of each calendar year and must be remitted within sixty (60) days. Failure to pay required fees is a violation of this Code and may result in monetary penalties, license suspension, license revocation, issuance of a notice to vacate to tenants, and/or issuance of Municipal infractions.
H. Rental License Not Transferable: Rental licenses are not transferable from one property to another. It is the responsibility of the property owner, manager, or licensed real estate professional holding a rental license to provide the City Manager written notice, within five (5) working days, of transferring or otherwise disposing of ownership or control of the property. The notice must include the available information on the buyer. It is the responsibility of the property buyer to license the property in his/her name or company name within five (5) working days. The new property owner will owe no additional rental license fees until the next rental license renewal for the property. (Ord. 21-18, 7-2-2018)
I. Conditions Of Rental Licenses: The City Manager is hereby authorized to issue and renew a rental license in the name of the applicant property owner, manager, or licensed real estate professional, provided the following criteria are met:
1. Property Maintenance Code Warranty: The rental unit is warranted by the property owner, manager, or licensed real estate professional to substantially comply with the Property Maintenance Code.
2. Fees: All fees required pursuant to the issuance of a rental license are paid in full to the City.
3. Successful Rental Property Management Class:
a. The property owner or manager has completed the Successful Rental Property Management Class (the program) or a program of continuing education approved by the City Manager.
b. Until such time as the property owner or manager has completed the program or an equivalent program of continuing education approved by the City Manager, only a temporary rental license may be issued.
c. A property owner or manager who has completed the program since 2000, according to the City's records, or who can provide other proof of completion, will be exempted from this requirement.
d. Licensed real estate professionals are exempted from the program attendance requirement.
e. The City Manager may waive the program requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or any founded code violations within the previous twelve (12) months; and
(3) A waiver will not provide the property owner with an unfair advantage in a competitive real estate market.
4. Criminal Background Checks:
a. The property owner, manager, or licensed real estate professional agrees to conduct criminal background checks for all prospective tenants whose tenancy commences on or after July 1, 2011. A background check may be performed using the City's free background check service or by another background check service approved by the City Manager. The background checks must be completed before the prospective tenant's tenancy begins.
b. The City Manager may waive the criminal background check requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after a finding that:
(1) The property is properly licensed by the City of Dubuque;
(2) The property has no history of priority category designation or any founded code violations within the previous twelve (12) months; and
(3) A waiver will not create a danger to nearby residents.
5. Rental Property Inspections:
a. The property owner, manager, or licensed real estate professional shall make a rental property available for inspection by the City of Dubuque and shall comply with the Iowa Code requirements for tenant notification.
b. The City Manager shall develop a written Rental Housing Tiered Inspection Program which shall govern the cycle, frequency, recordkeeping, and conditions of rental inspections.
6. Housing Choice Voucher Information: The property owner, manager, or licensed real estate professional must provide information at the annual renewal of the rental license for each structure, on the number of units, by structure, owned or managed by the property owner, manager, or licensed real estate professional which accept housing choice vouchers. (Ord. 9-19, 1-22-2019)
J. Suspension And Revocation Of Rental License:
1. Causes: The City Manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi-family dwelling, suspend the license as to one or more rental units for a period not to exceed one year for any of the following:
a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee for violation of any provision of the Property Maintenance Code;
b. Misrepresentation by the licensee of any material fact in the application for a rental license;
c. Refusal by the licensee to permit inspection of the licensed rental unit(s) by authorized City personnel;
d. Nonpayment of the fee for renewal of the rental license;
e. Failure to attend the Successful Rental Property Management Class;
f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011; or
g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relocated from the rental unit at the priority category's expense.
2. Opportunity To Appeal: Prior to any suspension or revocation under this subsection, the City Manager must give notice in writing to the property owner, manager, or licensed real estate professional and provide for an opportunity to appeal.
3. Period Of Revocation Or Suspension: During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed.
4. Notice To Licensee: The City Manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the City Manager.
5. Appeal: The licensee may appeal the decision of the City Manager to the Housing Board of Appeals. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation.
6. Notice To Tenant: Upon suspension or revocation the City Manager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the City Manager if determined necessary. Any tenant who fails to vacate the premises after such time shall be subject to penalties under title 1, chapter 4 of this Code. (Ord. 36-21, 10-18-2021)
7. Relocation Of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or licensed real estate professional, as determined by the City Manager, then any displaced tenants shall be relocated at the property owner, manager, or licensed real estate professional's expense and the City Manager is authorized to assess the rental property for any costs incurred by the City.
K. Relationship Of Rental License To Other Codes: The issuance of a rental license for a rental unit does not in any way signify or imply the rental unit conforms with Iowa law or this Code, nor does the issuance of a license relieve the property owner, manager, or licensed real estate professional of the responsibility for compliance with applicable Iowa law and this Code. (Ord. 21-18, 7-2-2018)
L. Rent Abatement:
1. The code official may order rent abated when the code official determines that the owner or lessor has, after issuance of a notice of violation of this chapter:
a. Failed to provide an essential service (water, sewer, electricity, heat);
b. Failed to remedy a condition that poses a substantial risk to the health or safety of the tenant; or
c. Rented a dwelling unit without a rental license, including renting under suspension or revocation.
2. A rent abatement order means that the owner or lessor may not recover rent from the tenant. Rent shall be abated until the condition for which rent abatement was ordered has, in the judgment of the code official, been remedied.
3. The code official shall provide a copy of the rent abatement order to the owner or lessor at the address on the rental permit and to the tenant by U.S. mail and by posting the entrance door to dwelling unit. Notice of termination of the rent abatement order will be given in the same manner.
4. Rent abatement shall be stayed upon filing of an appeal by the owner or lessor.
5. The City shall develop a policy outlining the parameters and procedures for initiation of rent abatement which shall be on file with the Inspection and Construction Services Division and available to the public for review.
M. Licensed Rental Units:
1. All rental units are subject to regular inspection and follow up re-inspection as necessary.
2. Not less than seven (7) calendar days prior to a scheduled inspection, the City will mail to the license holder or the license holder’s authorized representative, by regular mail, notice of the date and time of the scheduled inspection. If the license holder or an authorized representative of the license holder is not present at the time of the scheduled inspection, and the inspector is unable to obtain entry to the rental unit, a second inspection will be scheduled. The license holder shall be responsible for notifying all affected tenants of each scheduled inspection.
a. The license holder may cancel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager’s designee is notified of the cancellation not less than two (2) business days prior to the scheduled inspection. (Ord. 36-21, 10-18-2021; amd. Ord. 25-23, 5-15-2023)