Michael v. City of St. Louis Park
| Decision Date | 02 November 2011 |
| Docket Number | Civil No. 11–2228 (JRT/JSM). |
| Citation | 829 F.Supp.2d 787 |
| Parties | Michael and Deborah JAVINSKY–WENZEK, Plaintiffs, v. CITY OF ST. LOUIS PARK and St. Louis Park Police Department, Defendants. |
| Court | U.S. District Court — District of Minnesota |
OPINION TEXT STARTS HERE
Jennifer R. Coates and Daniel R. Shulman, Gray Plant Mooty, Mooty & Bennett, PA, Minneapolis, MN, for Plaintiffs.
Paul D. Reuvers and Jason J. Kuboushek, Iverson Reuvers, LLC, Bloomington, MN, for Defendants.
Plaintiffs Michael and Deborah Javinsky–Wenzek (“the Javinsky–Wenzeks”) bring this action claiming violations of their substantive and procedural due process rights and 42 U.S.C. §§ 1981 and 1983. The Javinsky–Wenzeks are landlords in the City of St. Louis Park (“the City”). On January 21, 2011, the City sent Michael Javinsky–Wenzek a letter ordering that he and his wife terminate a tenants' lease pursuant to the City's Crime Free/Drug Free Ordinance. The Javinsky–Wenzeks seek a preliminary and permanent injunction against the City to prevent it from enforcing this Ordinance. In the view of the Court, the Javinsky-Wenzeks have demonstrated a likelihood of success on the merits in their action against the City. However, because the Javinsky–Wenzeks have failed to show irreparable injury arising from the City's conduct, the Court denies their request for a preliminary injunction.
The Javinsky–Wenzeks own rental property in the City and rented it to Marquita Robinson and George Howard Grant (“the Grants”) for over three years. (Aff. of Michael Javinsky–Wenzek, ¶¶ 2, 5, June 2, 2011, Docket No. 5.) The Javinsky–Wenzeks possessed a lease with the Grants for the period from July 1, 2010 through June 30, 2012, for monthly payments of $1,250. ( Id., Ex. B.) The Grants' adult son, Joemel Robinson, was not on the lease and allegedly did not reside at the property. (Javinsky–Wenzek Aff. ¶ 14.)
On January 13, 2011, Joemel Robinson purportedly stole a number of items from a drug dealer, including drugs. (Compl. ¶¶ 11–13, Aug. 5, 2011, Docket No. 1.) The City obtained a warrant to search the Grants' residence for evidence related to this incident. (Javinsky–Wenzek Aff. ¶ 13.) On January 17, 2011, the City's Police Department executed this warrant. ( Id. ¶ 13.) During the search, the police found a baggie containing a small amount of suspicious material. (Compl. ¶ 17–18.) According to the police officer at the scene, “[i]t was readily apparent to me by the look and presence of seeds and stems that the green leafy substance was marijuana.” (Aff. of Raymond Laudenbach ¶ 3, Sept. 8, 2011, Docket No. 13.) As a result, the police decided that the Grants were in violation of the City's “Crime Free/Drug Free and Disorderly Use Lease Requirements.” (Compl. ¶¶ 17–18.) The police did not conduct formal testing of the substance until January 27, 2011, when testing confirmed that it was marijuana. (Javinsky-Wenzek Aff., Ex. D.)
On January 21, 2011, the City's Police Department sent Michael Javinsky-Wenzek a letter ordering that he and his wife terminate their lease with the Grants, pursuant to the City's Crime Free/Drug Free Ordinance (“the Ordinance”). (Javinsky–Wenzek Aff., Ex. C.) The Ordinance requires that landlords terminate the leases of their tenants upon notification from the City's Police Department of certain criminal or drug-related behavior. See St. Louis Park, Minn., Ordinance § 8–331 (2009).
The City's letter to the Javinsky–Wenzeks stated, (Javinsky–Wenzek Aff., Ex. C.) The letter stated that the City would require the Javinsky–Wenzeks to pay an administrative license violation fee of $750 for each calendar month that they failed to terminate the Grants' tenancy after receiving the notification. ( Id.) It further noted that any outstanding fees must be paid prior to the renewal of their rental license. ( Id.) The City enclosed a document called a “Resolution Plan” that had blank fields to be filled in by the Javinsky-Wenzeks. (Javinsky–Wenzek Aff. ¶ 23.)
The Javinsky–Wenzeks submitted the Resolution Plan to the City's Police Department, filling in a proposal that they would not evict their tenants. ( Id. ¶ 32.) The Javinsky–Wenzeks also spoke with the City's Police Department and wrote a City Councilwoman requesting her assistance. ( Id., Ex. F.)
The Javinsky–Wenzeks received a letter from the City's attorney in response to their inquiries. (Javinsky–Wenzek Aff., Ex. I, Feb. 3, 2011.) The letter stated,
When a violation comes to the attention of the City, the Police Department is obligated to notify the owner and property manager of the violation. The owner is then required to enforce the crime free provision in the lease and terminate the tenancy. (City Code § 8–331(c)). If the owner does not proceed to terminate the lease, there is a $750.00 per month administrative fee which must be paid before the annual license will be renewed. (City Code § 8–332)
....
You must proceed with the eviction in good faith....
....
As to an appeal, if you do not proceed to terminate the lease either by a voluntary agreement or by an eviction proceeding, as stated above, the $750.00 monthly administrative violation fee will commence on March 1.... Since this fee will need to be paid in order to renew your license for 2012, you may appeal the imposition of the fee at that time to the City Manager pursuant to City Code § 8–36. The notice will explain the appeal procedure.
....
... Sometimes [the Ordinance] may appear to be a blunt instrument when applied to a particular case. However, the City in its initial adoption of the ordinance and in its administration by City personnel has not made exceptions, which hopefully has and will continue to have the effect of maintaining quality rental housing....
( Id. (emphases added).) The attorney's letter also noted that it did not matter who owned the marijuana found at the Grants' home. ( Id.)
The Grants decided that they did not want to risk obtaining an eviction on their records and instead wanted to move.1 (Javinsky–Wenzek Aff. ¶ 36.) The Javinsky–Wenzeks agreed to release the Grants from their lease obligation, and submitted a Resolution Plan to the City indicating that there was a mutual agreement to terminate the tenancy. ( Id., Ex. J.) The Grants vacated the unit on March 15, 2011. (Javinsky–Wenzek Aff. ¶ 37.)
The Javinsky–Wenzeks claim that they have been unable to re-rent the premises since the Grants moved. ( Id. ¶¶ 39–42.) They also allege that they have spent several thousand dollars preparing the property for re-rental and many hours cleaning and showing the apartment to potential applicants. ( Id. ¶ 41.)
The Ordinance states:
(1) Crime Free/Drug Free.
1. Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug-related criminal activity, on or near the premises.
2. Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises.
3. Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest.
4. Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise.
5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY.
St. Louis Park, Minn., Ordinance § 8–331 (2011). The Ordinance further states:
(c) Upon determination by the Police Department that a licensed premises or unit within a licensed premise was used in violation of the Crime Free/Drug Free provision of Subsection (a)(1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction.
Id. § 8–331 (emphasis added). If the landlord does not comply with Subsection (c), the landlord is subject to a monthly fine and revocation of the license:
An owner failing to proceed with an action to terminate the tenancy after Police Department notification in accordance with a Crime Free/Drug Free violation ... shall pay an administrative license violation fee of $750 for each calendar month that the owner fails to proceed. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises.
Id. § 8–332. See also id. § 8–36(1) ().
According to the City, the purpose of this Ordinance “is to provide safer rental housing within the City by providing a mechanism for removing criminal and disruptive tenants.” (Def. Memo. of Law in Opp. to Pl.'s Mot. for Preliminary Injunctive Relief, at 2, Sept. 8, 2011, Docket No. 11.) Prior to the Ordinance, the City...
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