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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)

Citation
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Parent Document
Gallagher v. Magner Ex Rel. City of St. Paul's Department of Neighborhood Housing & Property Improvement, 619 F.3d 823 (2010)
Effective Date
2010-09-01

Other Sections in This Document (106)

Full Text

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        The City’s Truth-in-Sale-of-Housing ordinance is a consumer protection
measure that requires any person who sells a dwelling in the City to have an
evaluation completed by a TISH evaluator licensed by the TISH examining board. St.
Paul, Minn. Legis. Code § 189.03. The TISH evaluator, who is not a city employee,
then produces a TISH disclosure report. The owner must (a) make available the TISH
report to all potential buyers and (b) file the TISH report with the examining board
before the sale of the dwelling. Id. As the district court recognized, the 2001-2003
TISH reports may have contained pertinent evidence in this case because TISH
evaluators are required to note deviations from TISH guidelines, major structural
defects, and immediate hazards to health and safety. Id. § 189.05. However, the
probative value is likely weak, as the St. Paul Code also states, “Nothing in the
disclosure report shall indicate, or shall be deemed to indicate, that such dwellings
meet all minimum housing and building standards.” Id.