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The City Attorney has said that, similar to proving excessive occupancy, the City would need to show probable cause that a housing unit is being rented. Probable cause would consist of building official records, statements of fact from surrounding property owners, and possibly written statements from occupants of the property. According to the City Attorney, if the City could demonstrate probable cause, it has two options: 1. The City could issue a criminal citation based upon documented facts. Currently the criminal process is taking from three to six months to complete if the defendant pleads not guilty and requests a jury trial. There are limited discovery opportunities in a criminal case. 2. The City could also issue a civil summons and complaint. Due to the number of pending civil cases, this type of process could take from nine to twelve months but the City is allowed to depose parties and engage in some discovery. In any case, the City cannot evict tenants or discontinue the property's use as a rental unit. The City needs to proceed against the landlord to obtain a court order that prevents the landlord from renting the property until it is in compliance with City ordinances. As noted above, the court order would likely be applied prospectively and renters would be allowed to continue to occupy the property under the terms of their lease. Rental Licensing Arden Hills has a rental registration program. Many other cities have rental licensing programs. It is the City Attorney's opinion that the City's current rental housing regulations are adequate. A licensing program would not offer the City any additional tools to regulate rental housing. The City Attorney does not believe that there is a substantial difference between a rental licensing program and the City's rental registration program. The City can issue citations to property occupants who violate the City's regulations. The City can conduct a hearing to revoke the rental housing registration that was issued to the property owner. During the revocation hearing, the City would need to establish facts to support the revocation of the rental registration. If the City revokes the rental registration, it can request a court order that prevents the property owner from renting the property until violations are corrected and the unit is registered. Some Minnesota cities have adopted ordinances limiting rentals to a certain percentage of the total housing stock. Some of these ordinances are currently being contested in court. The Arden Hills City Attorney does not believe that the City can regulate the number of rental housing units in the City. City of Arden Hills City Council Work Session April 16, 2012 Page 4 of 5