Duluth City Council Special Meeting – June 26, 2025: First Reading of Tenant Right to Repair and Landlord Training Ordinances

The Duluth City Council held a special meeting on June 26, 2025, at 5:15 PM to conduct the first reading of two ordinances: a petition ordinance (25‑015‑O) submitted by the Duluth Tenants Union and Housing Justice Center establishing a tenant right to repair, and an alternative ordinance (25‑016‑O) sponsored by Councilors Randorf, Tomanek, and Nephew that adds landlord training requirements, tenant notification requirements, and a 14‑day repair timeline. The meeting included public testimony, robust council discussion, and procedural clarifications regarding the petition process. A second reading and vote are scheduled for a special meeting on July 1, 2025, at 6:00 PM.

Public Comments & Testimony

• Ginka Tarnowski (5th District resident) opposed both ordinances. She argued that the petition ordinance’s “right to repair” section could lead to costly landlord‑tenant disputes and that the tenant‑initiated repair clause could expose tenants to liability for negligence. She also criticized the alternative ordinance as a waste of time, urging the council to focus on eliminating outdated codes (e.g., parking requirements) that hinder housing development.
• Riley Barnard (Government Affairs Director, Lake Superior Realtors Association) opposed the petition ordinance (25‑015‑O) in its current form. He stated that the 14‑day notice with no third‑party verification could cause confusion, especially for small landlords, and that the broad retaliation presumption would create legal risk for landlords acting in good faith. He also noted that the ordinance lacks coordination with Duluth’s permitting and inspection processes, potentially leaving landlords liable for unpermitted work they did not initiate. He urged the council to reject the ordinance.
• David Shaffroth spoke against what he called a “regulatory tax” on new apartment home construction, arguing that existing compliance costs already drive construction costs in Duluth to well over $1,000 per net habitable square foot, compared to $100–$150 in Texas and $230–$250 in California. He opposed any additional regulatory burden, though his remarks were not directly tied to the two ordinances under consideration.

Discussion Items

• Procedural Overview: President Tomanek explained that the petition ordinance (25‑015‑O) was submitted with 3,752 verified signatures and must be voted on within 20 days (by July 14). If the council does not pass it, the ordinance will appear on the November 2025 ballot. The alternative ordinance (25‑016‑O) can be passed within 10 days (by July 3); if passed, petitioners have 10 days to withdraw their names. If at least 50% withdraw, the petition ordinance does not go to the ballot. The council may also place both ordinances on the ballot for voters to choose.
• Council Questions on Ordinance 25‑015‑O (Petition Ordinance): Councilors Forsman, Kennedy, and others requested legal and staff perspectives before the vote. City Attorney Lair and Deputy Chief Otis indicated they would provide a cover memo and recommendation by Monday or Tuesday.
• Council Questions on Ordinance 25‑016‑O (Alternative Ordinance): Councilor Mayo asked about life safety staffing and budget impacts. Councilor Randorf explained that the 14‑day timeline does not add to life safety staff workload because the deadline is on the landlord; the training component is already conducted by life safety and other agencies. Councilor Nephew clarified that the training would be mandatory for licensure, but enforcement would occur through the renewal process. Councilor Awal raised concerns about life safety capacity if tenant complaints increased significantly; Deputy Chief Otis noted that the current backlog is on initial inspections, not tenant complaints, and that the department handles about 20 complaints per year with only two open at the time. He acknowledged that a surge of 500 complaints would require additional resources. Councilor Durrwachter asked about fines; Deputy Chief Otis stated that administrative citations escalate from $200 to $2,000, then potentially license revocation, with discretion based on severity. Councilor Swenson asked about the effective date; Deputy Chief Otis confirmed that enforcement would align with license renewal cycles.
• Councilor Randorf’s Remarks: Councilor Randorf explained that the petition ordinance shifts full liability for repairs onto tenants, exposing them to legal risk, while the alternative ordinance places the burden on landlords and gives the city enforcement power. She argued that the alternative ordinance is the safer path for tenant protection.
• Councilor Durrwachter’s Remarks: Councilor Durrwachter countered that Minnesota state law already provides strong anti‑retaliation protections for tenants (citing SF 3492), and that the petition ordinance’s $500 repair threshold covers minor, low‑risk repairs (e.g., deadbolts, small leaks). She argued that the petition ordinance is simpler and does not require additional taxpayer resources.

Key Outcomes

• No votes were taken; the meeting was solely for the first reading of both ordinances.
• The second reading and final vote on both ordinances are scheduled for Tuesday, July 1, 2025, at 6:00 PM.
• The city attorney’s office will prepare a cover memo with recommendations before the next meeting.
• Councilors noted that if the alternative ordinance passes, they may also consider placing it on the November ballot, but that decision can be made later.
• The council recognized Councilor Mayo’s likely last meeting before leaving office.