The Rochester City Council voted to file a "friend of the court" brief Monday to support the city of Winona's 30 percent rental ordinance as it goes before the Minnesota Supreme Court, citing local control as a primary reason.
Winona first passed the 30 percent rule in 2005. The rule sets parameters for the percentage of rental properties allowed in low-density residential areas — on blocks zoned as residential, only 30 percent of those homes may be used as rental properties.
The rule has been controversial. In 2011, a group aligned with the libertarian Institute of Justice filed a civil suit against the city in district court, saying the rule was unconstitutional. The Winona County District Court found no issue with the ordinance.
That ruling was appealed, but the appeals court upheld the district court's decision.
Now, Winona's 30 percent rule will be going before the Minnesota Supreme Court, and the city has asked other municipalities to file "amicus curiae," or friend-of-the-court, briefs, which function as an indicator of support to the court.
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Rochester does not have a similar ordinance and doesn't plan on one at this time, said council President Randy Staver.
"It's about maintaining local control," Staver said.
Though Rochester doesn't have a percentage rule on the books, it could be entertained as a possibility as the city continues to grow, Councilman Mark Bilderback said during a Committee of the Whole meeting on Monday.
"Having more options in our toolbox gives us greater flexibility ... to make sure the city stays evened out," Bilderback said. "It doesn't necessarily mean we'd adopt it or adopt it in the same manner … Putting more options in our toolkit, if they prevail, is a good thing to do."
Amicus curiae briefs also have been filed against the 30 percent rule. Among those supporting the challengers are the American Civil Liberties Union of Minnesota, the Minnesota Vacation Rental Association and the Cato Institute.
"Under this government ban, whether someone gets a license is predicated on timing and luck," the Southeast Minnesota Association of Realtors wrote in a letter to the city of Rochester, asking them not to support the Winona ordinance. "In areas with few renters, some will be able to obtain a license. In areas with more renters, few or none will be available."
The city of Winona has made similar requests for friend-of-the-court briefs to Mankato and St. Paul, though those cities haven't yet responded, saidRochester City Attorney Terry Adkins.
Filing the friend-of-the-court brief does not obligate Rochester to do anything similar to the 30 percent rule, Adkins said.
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"If we looked at implementing it here, I'd have a number of questions," Councilman Bruce Snyder said. "But having more options is usually better, so I'm fine with supporting it."
The brief is due in late June, and oral arguments at the Minnesota Supreme Court likely would occur during late summer or early fall, Adkins said.
