ANOKA, Minn. — A federal investigation has determined that an anti-crime program implemented by the city of Anoka discriminates against people with mental health disabilities and discourages them from seeking emergency help in times of crisis.
The investigation, carried out by the Department of Justice (DOJ), says Anoka's Crime-Free Housing Program is a violation of the Americans with Disabilities Act (ADA) and the Fair Housing Act by denying tenants with mental health issues an equal opportunity to receive emergency assistance from police or other law enforcement.
DOJ investigators say that under Anoka's current rental licensing and “crime-free” housing ordinance, landlords can be penalized for so-called “nuisance calls” to their properties. Those calls include those for cases defined as disorderly conduct and what the city describes as repeated “unfounded” calls to police. Landlords can be fined or have their rental licenses revoked if they don't move to evict tenants involved in those nuisance calls.
Investigators found when tenants with mental health disabilities and those associated with them (like their families or landlords) requested or received emergency assistance from law enforcement they risked eviction, fines or loss of rental licenses.
“Using a so-called ‘crime-free’ housing ordinance to invoke fear and prevent people with mental health disabilities from exercising their right to access housing and seek emergency assistance is discriminatory and runs afoul of our nation's civil rights laws,” said Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division. “This scheme is cloaked as a public safety measure but in reality it callously targets people with disabilities and their loved ones by penalizing them simply for reaching out for emergency assistance in times of need."
The DOJ also found that for years the city of Anoka sent weekly reports to landlords detailing calls for emergency service from all rental properties. Along with a general description of the police call, each report included the name and address of those involved and often revealed personal and sensitive information about the tenant's mental health disabilities, including their diagnoses, medications and names of psychiatric or medical providers.
Investigators say some of the reports even shared intimate details about suicide attempts. The DOG alleges the city used these reports to notify landlords of potential nuisance calls and encourage landlords to evict tenants.
In a letter to the city, the DOJ department asks that Anoka change its policies and procedures, designate an ADA coordinator and train staff.
KARE 11's Kent Erdahl covered the story for Breaking The News. He contacted Anoka city officials and received this response from city attorney Scott Baumgartner.
"I am currently in the process of scheduling a meeting with the City Council to discuss the DOJ’s findings and remediation directives. Following that meeting and further review of the DOJ’s allegations, the City will be in a better position to respond with a comment."
"This may not be the end of it because we have a state law that actually prohibits this very thing from happening," said Sue Abderholden, Executive Director of the National Alliance on Mental Illness (NAMI) Minnesota. "(The law) says landlords can't evict someone just because they call 911 for an emergency, including a healthcare emergency or domestic violence. And cities aren't supposed to have ordinances that would allow that to happen as well."
People with information about these findings are encouraged to contact the department via email at Anoka@usdoj.gov or by calling a toll-free number at 888-473-3940.
Abderholden: "We have heard of this happening for the last several years, frankly, as cities try to focus on crime and drug-free apartment buildings, but reading that report just infuriated me. We have enough people with mental illness who are homeless without the police department trying to push people out."
Erdahl: "How concerned are you that this isn't just happening in Anoka?"
Abderholden: "I'm very concerned. I'm sure it's happening in other places, but people just haven't come forward. I guess I would tell them, if this is happening to you, know that you can come forward and actually have something done about it."
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