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Michael C. Koval Chief of Police City of Madison Police Department 211 S. Carroll St. Madison, WI 53703

May 16, 2016 Dear Chief Koval:

We write to raise concerns about the policies and practices of the Madison Police Department (“MPD”) with respect to tenants in rental housing. Documents released in response to our recent open records request indicate that several of these policies and practices disproportionately impact tenants of color and tenants living in neighborhoods of color.

The Fair Housing Act (“FHA”) prohibits MPD and landlords from

engaging in even facially-neutral practices that have a disproportionately adverse effect on people of color, unless the practice is shown to be necessary to serve a substantial, legitimate, nondiscriminatory interest and that interest could not be served by a different practice with a less discriminatory effect. 24 C.F.R. § 100.500(a)-(b). The FHA also prohibits housing policies that are intentionally discriminatory. 42 U.S.C. § 3604. MPD’s policies for instructing the landlords of potential or declared nuisance properties to use criminal history information in screening tenants, its practice of seeking from landlords lists of their tenants, and its practice of using trespass law to ban certain guests from visiting tenants raise Fair Housing Act concerns.

Criminal History Screening

In creating tenant screening policies, it is critical to recognize that the use of criminal history will have an adverse and disproportionate impact on members of certain racial groups, especially African Americans and Latinos.

The Department of Housing and Urban Development recently issued guidance (“HUD Guidance”) that synthesizes existing law to make clear that the Fair Housing Act and its disparate impact standard apply to the use of criminal history information by providers or operators of housing.1 HUD notes that recent nationwide data show African Americans are arrested at a rate more than double

1 U.S. Dep’t of Housing and Urban Dev., Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real-Estate Related Transactions, Apr. 4, 2016, https://portal.hud.gov/ hudportal/documents/huddoc?id=HUD_OGCGuidAppFHAStandCR.pdf.

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their proportion of the general population and imprisoned at a rate about three times higher than their proportion of the general population; Hispanic individuals are also more likely to be incarcerated than their share of the population suggests. HUD Guidance 3 (citations omitted). Disproportion in Wisconsin is as severe or worse. African Americans comprised about 6% of Wisconsin’s population, but accounted for 24% of arrests in Wisconsin in 2012. See Wisc. Statistical Analysis Ctr., Wisc. Dep’t of Justice, Arrests in Wisconsin 2012 6, Sept. 20132; U.S. Census Bureau, 2008-2012 American Community Survey (“ACS”) 5-Year Estimates, Wisconsin Total Population (Hispanic or Latino Origin by Race): 2012, Table B03002.3 These problems are pervasive in Madison, where African Americans are more than 10 times as likely to be arrested as whites, and Latinos are also more likely than whites to be arrested. Nico Savage, Analysis: Blacks in

Madison arrested at more than 10 times rate of whites, Wisc. State J., Aug. 31, 2015.4

Accordingly, the use of criminal history in tenant screening will disproportionately impact members of these groups, and exclusions based on such history must be justified by a substantial, legitimate, nondiscriminatory interest. HUD Guidance 4. The Guidance states that a policy of excluding potential tenants based on arrest records can never be necessary to achieve such an interest, since arrest records do not constitute proof of unlawful conduct. Id. at 5. The Guidance goes on to explain that blanket bans on individuals with prior convictions also cannot be found necessary to achieve a legitimate, non-discriminatory interest. Id. at 6. Instead, policies regarding prior convictions must be tailored so that they take into account, for example, “the nature and severity of an individual’s conviction” and “the amount of time that has passed since the criminal conduct occurred.” Id. at 7. Moreover, limiting the use of criminal history information in housing decisions in this manner makes good sense. Because “many formerly incarcerated individuals, as well as individuals who were convicted but not incarcerated, encounter significant barriers to securing housing,” such policies are necessary to reduce homelessness and facilitate reentry. Id. at 1.

Nonetheless, MPD appears to routinely instruct owners and managers of properties that face nuisance property proceedings to screen potential tenants based on criminal history, without providing any indication that such screening must be carefully designed to limit its racial adverse impact. Threatened with legal action that can result in thousands of dollars in penalties, and even the closure and sale of the property, landlords are likely to be particularly susceptible to MPD’s suggested course of action. It is therefore especially crucial that MPD incorporate fair housing concerns into its recommendations.

2 https://wilenet.org/html/justice-programs/programs/justice-stats/library/crime-and-arrest/2012-arrests-in-wisconsin.pdf

3 http://factfinder.census.gov/faces/nav/jsf/pages/index.xhtml

4 http://host.madison.com/wsj/news/local/crime-and-courts/analysis-blacks-in-madison-arrested-at-more-than-times-rate/article_fd52f630-9647-5541-8114-a2541b8a8924.html

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Several examples of this instruction to landlords exist. First, in a form “Notice of Public Nuisance” that MPD sends to property owners and operators facing proceedings under Wis. § 823.113, MPD recommends, among other “nuisance abatement methods,” that landlords “conduct[ ] background checks on all prospective adult tenants and residents.” See, e.g., Letter from Capt. Joe Balles 2, Nov. 12, 2015 (Ex. A). Second, in a form letter MPD sends to landlords of properties with a “pattern of calls for police service,” MPD states that it has identified “certain strategies—such as the thorough screening of potential tenants—that can help residential property owners/managers appropriately manage their properties.” See, e.g., Letter from Lt. Mike Hanson, Oct. 30, 2015 (Ex. B). The letter cites Wis. § 823.113 and Madison Gen. Ord. § 29.05, providing for legal action against “owners of properties that constitute a public nuisance” and then suggests that its recipient “work with” MPD so that MPD does not have to “initiate any legal action.” Id. Neither of these letters suggests that the FHA prohibits landlords from engaging in certain forms of criminal history screening.

Finally, and perhaps most concerningly, on at least one occasion, MPD met with a landlord “regarding nuisance-type activities” on her property. That landlord reported that she knew all her tenants and thus did not need to screen tenants, and, in a follow-up letter, MPD “encouraged” her to “take advantage of police knowledge and use Officer Taylor as a resource to supplement any screening process you do engage in.” Letter from Jennifer Zilavy, Nov. 18, 2015 (Ex. C). The letter continued, “[t]he police department will never tell you who to rent to or who to not rent to; but they can frequently provide you with information on a prospective tenant that will assist you in making a good decision regarding tenancy.” Id. We are concerned about the fair housing implications of incorporating “information” in the possession of police but not otherwise publically available into housing decisions.

We are aware that MPD issues another form letter, captioned “Notice of Declaration of Chronic Nuisance Premises” and citing Madison Gen. Ord. § 25.09, which both mentions fair housing concerns and omits the instruction to conduct background checks of tenants, telling landlords instead to meet with MPD in order to discuss a nuisance abatement plan. See, e.g., Letter from Chief Koval to John W. Corey, May 15, 2015 (Ex. D). While we are pleased that MPD is aware of the fair housing implications of its nuisance property actions, it is not clear why that concern is absent in the other form letters discussed above.

A final reason for concern about the racial impact of these policies: the MPD records disclosed in response to our request suggest that MPD public nuisance enforcement disproportionately affects neighborhoods where people of color live. MPD disclosed records showing 34 properties that faced nuisance property proceedings for which the census tract was identifiable. These properties were located in census tracts with, on average, Black populations of 12% and Latino populations of 14%, although Madison’s population as a whole is just 7% Black and 7% Latino. U.S. Census Bureau, 2010-2014 ACS 5-Year Estimates,

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Madison Total Population (Hispanic or Latino Origin by Race): 2014, Table B03002. Pressing landlords in neighborhoods of color, in particular, to screen tenants based on criminal history can only exacerbate the racially adverse impact of these policies.5

Solicitation of Tenant Lists

MPD records also indicate that MPD routinely asks landlords to provide lists of tenants living in rental housing, and that it seeks these lists from affordable housing providers in general, as well as from landlords with alleged nuisance properties.

People of color in Madison are far more likely to reside in rental housing, and are therefore more likely to be subjected to these MPD practices, than white residents. While only 46% of white householders live in rental housing, 81% of Black householders and 71% of Latino householders in Madison are renters. U.S. Census Bureau, 2010-2014 ACS 5-Year Estimates, Madison Occupied Housing Units (White Alone, Not Hispanic or Latino)(Black or African American Alone)(Hispanic or Latino): 2014, Tables B25003H, B25003B, B25003I. Black residents are also disproportionately represented in the public housing population—37% of Madison public housing residents are Black. Dep’t of Housing and Urban Dev., Resident Characteristics Report, Apr. 30, 2016 (rpt. for WI1475 – Madison City).6 And, per capita, white residents of Madison earned $36,194 in 2014, more than twice as much as Black residents, who earned $16,179, and Latino residents, who earned $15,631, meaning that people of color are more likely to occupy affordable housing. U.S. Census Bureau, 2010-2014 ACS 5-Year Estimates, Madison Per Capita Income in the Past 12 Months (White Alone, Not Hispanic or Latino)(Black or African American Alone)(Hispanic or Latino): 2014, Tables B19301H, B19301B, B19301I.

MPD records contain lists of names and addresses for public housing residents living at the Gay Braxton, Brittingham, Karabis, and Parkside developments. Records also indicate that MPD sought this information for tenants of the privately-managed Bayview Townhouses. Moreover, among other nuisance abatement measures in the Notice of Public Nuisance that MPD sends to property owners and operators facing proceedings under Wis. § 823.113, MPD recommends “[p]roviding the local Madison Police District with updated and current tenant lists.” Ex. A, at 3; see also Ex. C, at 1[MPD 4] (“It would be

5 We are also concerned about any effort to enforce the nuisance ordinance on the basis of domestic–violence-related calls for police service. The documents we received encourage landlords to use leases that include provisions “relating to …. Illegal activity,” Ex. A, at 3, without noting the requirement that leases provide notice of the rights of victims of domestic violence pursuant to Wis. Stat 704.14. Moreover, permitting eviction of victims of domestic violence—predominantly women—based on related calls to police would also violate the gender non-discrimination protections of the Fair Housing Act.

6 https://pic.hud.gov/pic/RCRPublic/rcrmain.asp

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helpful if you provide a current tenant list to Officer Taylor so she knows who is legitimately living at the property and update that list as necessary.”). Given the disproportionate concentration of nuisance property proceedings in neighborhoods where people of color live, this MPD policy raises additional fair housing concerns.

To the extent that MPD seeks tenant lists from housing providers whose tenants are disproportionately people of color—as appears to be the case in public housing and affordable housing and in the nuisance property context—that practice may lead to FHA violations by having landlords disclose private tenant information to law enforcement and thus imposing additional (and concerning) terms or conditions of rental. 42 U.S.C. § 3604(b).

Trespass Enforcement and Visitor Bans

Finally, we are concerned about the implications of recommending trespass enforcement, a nuisance abatement suggestion listed in Ex. A: “Instituting a standing complaint with the local Madison Police District that would allow the Police Department to remove any individuals trespassing on the property.” This kind of trespass enforcement authority allows MPD to declare any non-resident on the property to be a trespasser. Persons banned from the premises through these policies may be MPD suspects or associates of MPD suspects, but tenant advocates report that they often have not engaged in any criminal activity related to the property in question (or been convicted of criminal activity at all). As a result of these bans, family members—even those who may be providing critical support, such as child care—cannot visit tenants. Limiting a tenant’s right to have guests without far more specific cause, such as the individual having been convicted of perpetrating criminal activity at the property in question, raises serious concerns. Without additional safeguards, a tenant can be punished for a lease violation and even evicted based on a mere suspicion. Visitor bans disproportionately impact communities of color due to their disproportionate contact with law enforcement in Madison.

* * *

In light of the requirements of the Fair Housing Act, we urge you to take the following actions:

Ensure that landlords throughout the city are educated about, and comply with, the requirements of the FHA, including the prohibition on excluding persons based on arrest records and on blanket exclusions of persons with convictions;

Cease criminal history screening of tenants;

Cease routine solicitation and collection of tenant lists, and instead obtain tenant identifying information only for use in investigation of specific crimes;

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Include suggestions for alternatives to eviction, such as excluding a culpable household member, entering into a probation tenancy agreement (contingent on no future nuisance activity), or participating in a treatment/rehabilitation program. Alternatives to eviction that are focused on ceasing the problem activity, rather than just moving some involved individuals around, also protect innocent family members, many of whom are children;

Ensure that nuisance ordinances are not enforced against crime victims, including against victims of domestic violence who call the police for assistance, or against persons with disabilities, where the calls relate to a manifestation of the disability; and

Cease recommending individuals be banned from properties absent sufficient proof of criminal activity on or near the premises that poses a threat to the residents.

We appreciate your attention to these concerns.

Sincerely,

Rachel Goodman Staff Attorney ACLU Racial Justice Program rgoodman@aclu.org

Karyn Rotker Senior Staff Attorney ACLU of Wisconsin krotker@aclu-wi.org

Electronic copy: Michael May, Madison City Attorney (mmay@cityofmadison.com) Madison Police Department Policy & Procedure Review Ad Hoc Committee:

Anthony Cooper, Sr. (acooper@nehemiah.org) Christian A. Albouras (christian.albouras@gmail.com) Jacquelyn Hunt (jackie.hunt@journeymhc.org) Jerry B. Vang (jvang@wisbar.org) Keith A. Findley (keith.findley@wisc.edu) Kim M. Jorgensen (kim.jorgensen@unitypoint.org) Linda J. Ketcham (ketchfish@aol.com) Luis R. Yudice (lyudice@madison.k12.wi.us)

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Mario Garcia Sierra (marios.sierra@gmail.com) Matthew W. Braunginn (mbraunginn@cdo.wisc.edu) Sean A. Saiz (sasaiz@uwalumni.com) Sue K. Petkovsek (suekp93@charter.net) Veronica Lazo (veronical@unidosagainstdv.org)

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EXHIBIT A

Madison Police Department Michael Koval, Chief of Police

City-County Building

211 S. Carroll Street

Madison, Wisconsin 53703

Phone: (608) 266-4022 Fax: (608) 266-4855 police@citvofmadlson.com

www.madisonpolice.com

November 12, 2015

RE: NOTICE OF PUBLIC NUISANCE

Nuisance drug property.located at: •MPmm:mm Madison Police Department Case Number: 2015-348385

To Whom It May Concern:

According to records of the City of Madison, you are the owner and/or operator of the property identified above. This letter is to notify you that the building or structure located on your property is being used to facilitate the delivery, distribution or manufacture of a controlled substance, or is a building or structure where those acts take place, and therefore. is a public nuisance pursuant to Wisconsin Statute § 823.113.

Please contact South District Lieutenant June Groehler at 608-266-6560 upon receipt of this

letter. Do not disregard this notice. As the owner and or operator of this property, you must take

IMMEDIATE action to abate the nuisance activity at this property. If you fail to respond to this notice and/or fail to take action to abate subsequent nuisance activity, Wisconsin law permits the

City of Madison to seek a court order declaring the property a public' nuisance and ordering the property closed and· sold with proceeds retained by the alcohol and drug abuse assistance programs and community development organizations.

According to documents recorded under the above case number, the Madison Police Department has investigated information of illegal substances, specifically crack cocaine, being Sold and packaged and from this property. On Thursday, October 29, 2015, officers from the Dane County Narcotics and Gang Task Force and the Madison Police S.W.A.T. Team executed a high risk search Warrant at the drug property identified above. The search warrant was the result of a lengthy investigation where crack cocaine was purchased from a suspect who came from this residence on four different occasions. Specific items seized in the execution of this drug search warrant included:

• $ 930.00 in U.S. currency.

• Black AWS digital scale.

• Various drug packaging materials (e.g. baggies w/ missing corners, etc.).

• 3 cell phones.

• Assorted personal documents and other electronics.

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November 12, 2015 Page2

· The below subject was arrested nearby this property in conjunction with this search warrant. The

below listed charges are being referred to the Dane County District Attorney's Office regarding this investigation:

ARRESTED: , M/B,­

- Baird Street, Madison, WI 53713 CHARGES:

1. MANUFACTURE & DELIVERY· OF CRACK COCAINE (4 COUNTS)

2. MAINTAINING A DRUG DWELLING

3. PROBATION VIOLATION

4. FELONY TRAFFIC VIOLATIONS

Please review the following nuisance abatement measures that you may employ to prevent the

continuance or reoccurrence of drug dealing and other nuisance activity at your property. These suggestions are not exclusive and you may use other nuisance abatement measures that are

appropriate to the particular circumstances of your property.

• Participate in a local block watch or neighborhood association.

• Exchange names and telephone numbers with the owners of buildings on each side of your property. ·

• Attend any crime prevention meetings conducted in your neighborhood.

• Monitor the property for evidence of drug activity. This may include observation of clear ·corner cut baggies strewn about, excessive quantities of plastic sandwich baggies found in

odd places, presence of weight scales or communication devices, short term traffic to the property and drug paraphernalia such as unusual pipes, blunt wrap packaging, burned hollow

tubes, etc.

• Install "No Trespassing" signs at all entry points to your property.

If the above-referenced property is a residential rental property and the nuisance activity

has occurred in a tenant's rental unit, is associated with a rental unit associated with your property, or was caused by that tenant on your property, you may use this notice to provide a five day notice to your tenant to vacate the property pursuant to Wisconsin Statute § 704.17(1)(c), (2)(c) and (3)(b). In addition to the potential eviction of tenants, other nuisance abatement methods for landlords to consider include:

• Participating in a landlord training program and make ? good faith effort to apply the knowledge from such training and attend refresher classes.

• Participating in the local block watch, neighborhood association, landlord compact and property management association.

• Instituting the use of written screening criteria that are provided to each applicant at the time each proposed adult resident receives the written application.

• Conducting background checks on all prospective adult tenants and residents.

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November 12, 2015

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• Instituting the use of a written lease for each adult tenant that include provisions relating to disorderly behavior, noise, garbage disposal, use of common areas, illegal activity, tenant responsibility for guest conduct, and the prohibition of subleasing and Jong-term guests. Timely enforce any lease violations.

• Reviewing the tenancy of any other current residents of the property. This may include the termination of tenancies and reapplication by existing tenants for new tenancy.

• Regularly inspecting the interior of the residential rental property to confirm that the residents are your tenants, confirm that the premises are actually used as a residence and determine if the doors or windows have been fortified or the premises outfitted with surveillance or delivery mechanisms.

• Installing a sign with your name and contact information in a common area so that law enforcement responding to a call for service at the property can easily contact you if necessary.

• Regularly filing open records requests for Madison Police Department calls for service reports regarding your property. ·

• Instituting a standing complaint with the local Madison Police District that would allow the Police Department to remove any individuals trespassing on the property.

• Providing the local Madison Police District with updated and current tenant lists.

ｔｾ｡ｮｫ＠ you for your prompt attention to this matter.

Respectfully,

Michael Koval

Chief of Police

Captain Joe Balles,

South Police District

Copy: Alder Sheri Carter, District 14

Jennifer Zilavy, Office of the City Attorney

Agustin Olvera, CDA Division Director Randy Gaber, Asst. Chief of Police

Lieutenant Stephanie Bradley Wilson

Lieutenant June Groehler

SergeantShawn Engel, South District Community Policing Team Neighborhood Resource Officer Mike Alvarez··

George Hank, Building Inspection

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EXHIBIT B

October 30, 2015

MadisQn Police Department Michael C. Koval, Chief of Police

City-County Building 211 S. Carroll Street

Madison, Wisconsin 53703 Phone: (608) 266-4022

Fax: (608) 266-4855 police@citvofmadison.com www.madisonpolice.com

Attention:

As a member of the West Police District command staff, one of my primary responsibilities is to review

and analyze calls for police service and initiate problem-solving efforts when appropriate. This is a

consistent practice throughout all Madison Police Department districts. We have recently identified a

pattern of calls for police service originating from one of your properties 603 7 Birch Hill Dr that warrant

your immediate attention.

My staff and I have examined the calls for police service maintained by the Madison Police Department

for your properties. Our records indicate that from 1/1/15-10/30/15 there were:

• Twenty-two (22) calls for police service to 6037 Birch Hill Dr

Frequent calls for police service to .a building c,an adversely affect surrounding properties and citizens,

creating a public nuisance. Both State law (chapter 823 of the Wisconsin Statutes) and Madison City

Ordinance (section 25.09 of the Madison General Ordinances) authorize the City to pursue legal action

against owners of properties that constitute a public nuisance.

The Madison Police Department seeks to work cooperatively with businesses and property

owners/managers on the early identification of issues in order to effectively address potential problem

situations. We assist businesses in identifying administrative practices that may contribute to crime.

Similarly, we have identified certain strategies - such as the thorough screening of potential tenants - that

can help residential property owners/managers appropriately manage their properties.

We wish to work with you to improve the situation rather than having to initiate any legal action. Please

contact me@ 243-0505 to schedule a meeting or to discuss possible strategies to improve your property.

Sincerely,

Mike Hanson, ·Lieutenant of Police

Madison Police Department, West District

cc: Assistant Chief Randy Gaber

Captain Vic Wahl

Alder Phair

Assistant City Attorney Jennifer Zilavy

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January 4, 2016

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EXHIBIT C

Office of the City Attorney Michael P. May, City Attorney Patricia A. Lauten, Deputy City Attorney

ASSISTANT CITY ATIORNEYS

Roger A. Allen Brett R. Blomme Steven C. Brlst Lana J. Mades Lara M. Mainella Amber R. McReynolds Marci A. Paulsen

LITIGATION ASSISTANT Patricia V. Gehler

November 18, 2015

RE: .Morraine View, #203

Dear

Adriana M. Peguero Kevin B. Ramakrishna Kate M. Smith Jaime L. Staffaroni John W. Strange Doran E. Viste Jennifer A. Zllavy

LEGISLATIVE ANALYST Heather. J. Allen

Room 401, City-County Building

210 Martin Luther King, Jr. Blvd. Madison, Wisconsin 53703-3345 (Phone) 608-266-4511 (Fax) 608-267-8715 attorney @cltyofmadison.com

Thank you for meeting with me, Captain Wahl and Officer Taylor at the Madison Public Library

on November 3, 2015. We wanted to meet to discuss concerns regarding nuisance-type activities

associated with the above-referenced property that you own. Our desire is to work coopemtively

with you to resolve the issues.

You indicated that you were ·unaware of the issues that Officer Taylor raised at the meeting. I

informed you that you could make a request to the Madison Police Department for a "calls for

service" list and get the associated police reports. I would recommend you make this request on at

least a monthly basis so that you are aware of any issues associated with your property. You can

email Officer Taylor for the list. Many landlords in the City of Madison take advantage of this

resource and find it very useful in staying on top of problem tenants and issues.

We talked about the importance of having a visible presence on your property and how that can

have a positive influence on your tenants and their behavior. If tenants rarely see a la,ndlord at the

. property, they tend to infer that the landlord does not care about the property and the result can be

nuisance activity that negatively impacts the surrounding neighbors as well as disregard for the

property itself (vandalism, etc.) A visible presence by a landlord also helps to discourage

unautliorized tenants. It would be helpful if you provide a current tenant list to Officer Taylor so

she knows who is legitimately living at the property and update that list as necessary.

I would suggest that if you do not have one, that you establish a guest policy and have your tenants

sign it and keep it with their signed lease agreement. A behavior policy is another useful tool

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November 18, 2015

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landlords use to put tenants on notice as to what behavior is not acceptable. Have the tenants read the policy, sign it, and put it with their lease agreement.

Y 01.i spoke a lot about your tenants not being the cause of the nuisance issues associated with your property. You had many, many examples of who, other than your tenants, were creating problems. However, this information was never conveyed to the Madison Police Department, and more specifically, to Officer Taylor. Please forward this type of information to the West Police District, Officer Taylor or Lieutenant Mike Hanson, immediately when it comes to your attention. It is much easier for the police to be effective if they have specific information regarding who may be involved in nuisance issues. · .

Finally, we talked about screening tenants. You indicated that you personally know all of your tenants and therefore, there is not really a need to screen. We encouraged you to take advantage of police knowledge and use Officer Taylor as a resource to supplement any screening process you do engage in. The police department will never tell you who to rent to or who to not rent to; but they can frequently provide you with information on a prospective tenant that will assist you in maldng a good decision regarding tenancy.

If you have any questions, please contact me. You can reach me at the number on the' letterhead or by email at jzilayy@cityofmadison.com.

Sincerely,

ＰＱｵＬｊＧｬｯｾ＠ｊ･ｾｾｾＢｏｕ＠Assistant City Attorney

Copy: Captain Victor Wahl Officer Theresa Taylor ｌｩｾｵｴ･ｮ｡ｮｴ＠ Michael Hanson

I

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EXHIBIT D

May 15, 2015

Madison Police Department Michael C. Koval, Chief of Police

City-County Building

211 S. Carroll Street

Madison, Wisconsin 53703 Phone: (608) 266-4022

Fax: (608) 266-4855 police@cityofmadison.com

www.madisonpolice.com

NOTICE OF DECLARATION OF CHRONIC NUISANCE PREMISES

RE: Drug Search Warrant at 6122 Hammersley Rd #A

Dear Property Owner:

Pursuant to Madison General Ordinance ("MGO") Sec. 25.09, I am informing you that the property you

own at 6122 Hammersley Rd #A has been declared a Chronic Nuisance Premises based on the following

enforcement actions for nuisance activities:

The Dane County Narcotics Task Force execution of a drug search warrant on May 7, 2015 at this address.

A drug-related arrest was made from this address.

As a result of this Declaration, you are required, within ten (10) days ofreceipt of this Notice, to respond to

me with an appeal or to propose a written course of action that is intended to abate the nuisance activity

that is occurring on or in association with your property. You must schedule a meeting with me to discuss

the nuisance activity and your intentions regarding abatement. Any appeal must be filed according to the

procedure set forth in Sec. 25.09(5).

Failure to respond to this notice within ten (10) days of receipt will result in a municipal court prosecution and if found guilty, a one thousand dollar ($1,000) forfeiture will be imposed.

Your abatement plan shall, if appropriate, consider alternatives to eviction. You are required at all times to

comply with the Fair Housing requirements contained in MGO Sec. 39.03, when considering any action against a tenant based upon this Notice. ·

Permitting a Chronic Nuisance Premises may subject you to a forfeiture action in municipal court with a

monetary penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars . "($5,000) and you may be subject to imprisonment for failing to pay such forfeiture.

If ｴｨｾ＠ premises that is the subject of this Notice is a non-owner occupied residential premises, you must, within thirty (30) days of issuance of this notice, attend a landlord training approved by the Office Of The City Atto.rney. · ·

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January 4, 2016

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Please be aware that ifthere are additional enforcement actions for nuisance activities at 6122 Hammersley #A after fifteen (15) days from the date of this notice, in addition to the forfeiture action mentioned above,

you may be billed by the City of Madison for the cost of such enforcement and such cost may be added as

a special charge and result in a lien on your property.

You must immediately notify me of any change in your address to ensure receipt of future notices.

Please Mail all correspondence to: Madison Police -West District

Lieutenant Mike Hanson

1710 McKenna Blvd

Madison, WI 53711

To schedule your required meeting, please contact me at 243-0505 .

. Sincerely,

Michael Koval

Chief of Police

LT Mike Hanson, West District

Cc: Alder Phair

Assistant Chief of Police Randall Gaber

Officer Caleb Johnson, if applicable

Lucia Nunez, City of Madison Department of Civil Rights

George Hank, City of Madison Building Inspection Division

Tom Conrad, City of Madison Housing Operations Unit

Jennifer Zilavy, Assistant City Attorney

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