Item Coversheet

City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
July 11, 2023
DATE:July 11, 2023
CONTACT PERSON:Councilmember Karen Hiller, Public Health and Safety Committee ChairDOCUMENT #:
SECOND PARTY/SUBJECT:Retaliatory Eviction TMC Chapter 9PROJECT #:
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 054 Criminal Code
CIP PROJECT:No
ACTION OF COUNCIL:JOURNAL #:
PAGE #:

DOCUMENT DESCRIPTION:

 

ORDINANCE introduced by the members of the Public Health and Safety Committee, concerning retaliatory eviction, amending Sections 9.25.010 through 9.25.030 of the Topeka Municipal Code and repealing original sections and creating Sections 9.25.040 and 9.25.050. (The Public Health and Safety Committee recommended approval by a vote of 3-0-0)

 

Voting Requirement: Action requires at least five (5) votes of the City Council. The Mayor does not vote.

 

(Approval would amend the current ordinance establishing the crime of retaliatory eviction.)

 

VOTING REQUIREMENTS:

Action requires at least five (5) votes of the City Council. The Mayor does not vote.

POLICY ISSUE:

Whether to adopt the recommendation of the Public Health and Safety Committee to adopt amendments to the retaliatory eviction ordinance.

STAFF RECOMMENDATION:

Staff recommends the City Council move to approve the ordinance.

BACKGROUND:

Karen Black, the consultant retained by the City to advise regarding the Changing Our Culture of Property Maintenance, recommended changes to the retaliatory eviction ordinance which punishes landlords that evict tenants who complain to the landlord or a government agency regarding violations of laws requiring safe and sanitary dwellings.

 

The changes define 'retaliatory action' and clarify what steps a tenant can take to pursue prosecution in municipal court.    The changes also set forth the rights of a landlord to evict when the tenant has committed certain acts and include enhanced fines for repeat offenders.

 

The Public Health and Safety Committee recommended approval at its June 21, 2023 meeting.

 

BUDGETARY IMPACT:
There is no budgetary impact to the agenda.
SOURCE OF FUNDING:
Not Applicable
ATTACHMENTS:
Description
Ordinance
Committee Report June 21, 2023
Committee Minutes June 21, 2023