City Council votes to enforce housing occupancy rules

Lindsay Pohlman

The Ames City Council voted Tuesday night on an issue that will affect both tenants and landlords of some rental properties.

Beginning Nov. 1, the city will begin aggressively enforcing compliance with occupancy levels in low-density housing, and any tenant or landlord in violation will be fined.

The Ames City Housing Code dictates that no more than three unrelated people can live in a property in a low-density zone.

Landlords and tenants found in violation of the occupancy limit for their area will be fined $500 for the first violation and $750 for additional violations. Non-compliant landlords may also lose their housing permits.

The council was split as to whether the new ordinance should go into effect immediately, or begin on Nov. 1. Mayor Ted Tedesco cast the tie-breaking vote.

Council members decided tenants in violation will have until the end of the month, or three weeks, depending on which is longer, to find new housing.

“Normally if you’re in violation of the terms of your lease, you can be given immediate notice to vacate,” City Attorney John Klaus said at the meeting.

Fern Kupfer, associate professor in English, of 2320 Knapp St., was present at Tuesday’s meeting. She urged city council to do something about the state of rental housing in her neighborhood.

Kupfer said some landlords have a “don’t ask, don’t tell” policy about what goes on in their rental properties. While only three names are allowed on a lease, other students often live in the properties.

“[There are] landlords who are neglectful and duplicitous — that means deceitful,” Kupfer said.

Kupfer and her neighbors formed SCAN (South Campus Area Neighborhood). The group seeks to enforce housing code compliance.

“[There’s] no reason for the city to be timid with regard to enforcement,” Kupfer said. “We’re going to keep monitoring our neighborhoods.”

Kupfer has been instrumental in bringing the issue up for discussion, beginning with her confrontation of a landlord back in August.

“I certainly wouldn’t want to ambush anyone,” Kupfer said to laughs from the gallery.

Still being debated is the possibility of grandfathering some rental properties. Many Ames rental units were affected by zoning changes in 2000 and were forced to reduce occupancy.

Grandfathering would allow some properties to continue to comply with the occupancy they had prior to the rezoning. This would appeal to landlords who bought properties thinking they could rent them to four or five tenants, and are now being told they can have no more than three.

“This whole thing has kind of gotten out of control, to be very honest,” said Jim Gunning, 119 Hickory Drive, a local landlord.

Who will be included in grandfathering has not been decided.

Kupfer said she was happy with the outcome of the meeting. She said she was glad they had passed the most stringent ordinance, and was content to wait until the first of the month for it to be enforced.

“Do I want their heads tomorrow?” Kupfer asked. “No, it’s okay. It’s going to be a long struggle. This is just the beginning.”