HomeMy WebLinkAboutA033 - Memo from City Attorney dated May 14, 2019 - State legislation prohibiting rental cap ordinances MEMO
Pries Legal Department
Caring People•Quality Programs•Exceptional Service
To: Mayor Haila, Ames City Council
From: Mark O. Lambert, City Attorney
Date: May 14, 2019
Subject: State legislation prohibiting rental cap ordinances
As I informed the Council recently by email, on May 2, 2019, Gov. Kim Reynolds
signed SF 477 into law, which prohibits cities from establishing or enforcing caps on
rental permits.
https://governor iowa.gov/2019/05/gov-reynolds-siqns-legislation-into-
law (See last item.)
The language of the new law is brief, simple and straight forward. It states:
Section 414.1, subsection 1, Code 2019, is amended by adding the following new
paragraph:
NEW PARAGRAPH. c. A city shall not adopt or enforce any regulation, restriction, or
other ordinance related to residential property rental permit caps on single-family
homes or duplexes.
The law became effective as of the Governor's signature. So, our rental cap
ordinance is no longer valid and cannot be enforced. It is my belief that we
shouldn't keep ordinances in the Ames Municipal Code that are void/not enforceable
as that creates confusion for the public.
The Legal Department recommends that the Council direct staff to bring
back an ordinance repealing the City of Ames Rental Cap ordinance. This
can be done through a motion during the Council Comments section of the Council
meeting.
Legal Department 515.239.5146 moo 515 Clark Ave.
515.239.5142 r� Ames,IA 50010
www.CilyofAmes.org