St. Paul's 'Right to Repair' ordinance drew overwhelming support on election night

A direct referendum in St. Paul, designed to let tenants legally make their own repairs, drew overwhelming support on election night.

It came close to not appearing on the ballot in the first place after city government tried blocking it. 

On a night of decisive victories nationwide, the so-called "Right to Repair" policy enjoyed similar success as it gained the approval of 92,045 voters, capturing 79% of the vote. 

"The fact that we have a ballot measure process here in the city made it really easy to just ask the city the question 'can we fix the place where we live?' And the city said yes by a huge margin," Cole Hanson said. 

Hanson is a coordinator with Safe Homes St. Paul, which worked to create the ballot initiative. How it will work is tenants would give a 14-day notice to their landlords of what needs to be fixed.

If they don't correct the issue or schedule a repair, renters can do the repair themselves or hire someone who can — and then deduct those costs from the following month's rent.

The price of work and materials cannot exceed $500 or one-half-month's rent, whichever is greater, and receipts are required. 

"It was very common sense, people were very enthusiastic, very supportive," Hanson said, "this is where we live. It's really important for us to get these things fixed in a timely fashion." 

The City of St. Paul presented legal challenges to try to avoid the ballot measure reaching voters, citing concerns about constitutionality and safety. Court documents show that the city's attorneys believed that the policy went against laws already on the books when it comes to who can authorize repairs. The city's legal team also raised questions about how penalties against landlords would be enforced. 

"The Proposed Ordinance's sweeping and severe penalties read as vague and appear to infringe on constitutional due process protections," city attorneys wrote.

The same legal team also stated that the ordinance would allow people to "repair fire systems, electrical systems, gas appliances and the building's structural elements, all without a permit or building inspector oversight." 

Cecil Smith, the President and CEO of the Minnesota Multi-Housing Association — which represents landlords statewide — said that this kind of overregulation could prevent further development in St. Paul.

"It's really tragic for St. Paul because even though it's well intentioned, it's going to harm the city," Smith said. 
Ultimately, a Minnesota Appeals Court determined that the city could not prove that the ordinance was unlawful at face value. 

The ordinance notes that "all repairs made must be made in a workmanlike manner and, if required by law, by persons who are licensed to perform the required work."

Hanson said that this is a welcome change for an overwhelming majority in St. Paul who feel that the big companies that lease their apartments and living spaces can easily ignore them. 

"The things that are really dangerous that people might get worried about, that's already covered. City building code, state building code, that's all still in place. This is about things like a broken faucet," Hanson said. 

City councilors and the mayor's office declined interview requests on Wednesday. The City of St. Paul sent WCCO a statement that reads "The voters have decided. We are reviewing implementation, and the measure will take effect upon certification."

This means that the ordinance will be law once the votes are certified. At the state level, votes will be certified by Nov. 19.