Davenport City Council Considers Rent Abatement Ordinance

The City of Davenport is taking steps to offer financial protection for tenants when rental units don't meet health and safety standards.

Rent abatement pauses rent payments if tenants are forced or will be forced to vacate their homes due to substandard living conditions. This provision serves as another tool for enforcement and a safety net for tenants by allowing them to save their rent money for another place to live, without fear of retaliation or eviction.

Davenport's rent abatement ordinance was modeled off current ordinances in Iowa City and Dubuque and has the endorsement of the Quad Cities Tenant Alliance.

Rent abatement can only be used when other compliance efforts have failed. At the first inspection, the landlord has 30 days to comply before a re-inspection. At the second re-inspection, rent abatement can be considered but is not automatically applied.

"At this point we review whether the landlord has been responsive and any reasons that may be preventing them from getting the work done, like a materials shortage," said Rich Oswald, Director of Development and Neighborhood Services. "Use of rent abatement should be considered rare and requires at least two enforcement officials to sign off."

A failed second inspection will trigger a round of notices posted on doors in the single-family home or multi-family complex. This will include information on the process ahead, plus other resources and social services. Increasing communication with tenants about the state of their homes also serves as an accountability tool for the landlord.

"If we foresee a property heading towards being vacated, we will provide information and education for those tenants," said Oswald. "We strongly encourage landlords to keep open communication with our city staff and their tenants."

If approved by the City Council, this would be the first rent abatement ordinance in the City of Davenport.