One of my avid readers, following my series of articles written in my effort to help the Lakewood City Council and Lakewood citizens understand how unfair and wrong the proposed Rental Registration and Safety Inspection Program (RRISP) is, asked me an on target question.
My reader asks, “How will the City of Lakewood Safety Squad enter the rental home?”
Think of this scenario. The renters, having made good decisions in life, are where most people who make good decisions are during the 9:00a — 5:00p city business hours. They are at work. They have jobs and they are paying their own way. Because of their positive decision making profile, they do not choose, nor are they forced to live in a slum property.
None-the-less, here comes the City of Lakewood Safety Squad demanding to get inside their rental home without a warrant for any wrong doing. Once inside, more likely than not, the Safety Squad will inspect a property that has no slum conditions. A total waste of everyone’s time and money.
Where is the landlord? Maybe the landlord can let the Safety Squad into the private rental home thereby serving as an agent for local government; a local government committed to violating renters Fourth Amendment rights or at least the spirit of their Fourth Amendment rights.
No, the landlord can’t let the Safety Squad in either. The landlord is at work. Most good decision makers have jobs.
Must the renters or the landlord take time off work? Will the city be willing to pay for their lost wages if the city insists on implementing their solution looking for a problem?
I suppose if the city fails to see what a terrible idea RRSIP is, they could easily suggest, “The City will force the renter to leave their house key under the welcome mat.” Criminals love keys under welcome mats.
Maybe the city could force the renter or landlord to drop a key off at city hall. That would eliminate the welcome mat criminals.
How will the renter know if an unscrupulous city employee has made a duplicate key? How will the city defend itself against an allegation that a member of the City Safety Squad has sticky fingers? Who is going to pay for the renter’s missing original James Thurber pencil drawings?
I supposed my reader’s entire concern could be a moot point if the city plans to work their City Safety Squad 24 / 7.
It seems there is no end to the list of reasons why the City of Lakewood’s Rental Registration and Safety Inspection Program is not a good idea.
Thanks, Ben. I have been reading up on the issue here. While I am neither a renter or a landlord, I see this as a simple issue: The City of Lakewood has basic building codes and upkeep requirements (grass mowed, refuse, animals, junk vehicles) already on its books. What I see in Nyanza Park on my daily walks is a general deterioration in property maintenance. Are these folks owners or renters? Hard to tell. However, what the City might do is to begin enforcing the regulations ALREADY on the books. This would be a great start to beautifying our neighborhoods and making Lakewood better for all.
Thank you Mandy. To be clear, this is another is Joe Boyle’s series on this proposal. I’ve corrected the author’s name. Sorry for the confusion.
Ben, I must say, you have composed a well written article. It amazes me how much we think alike.
Joseph Boyle
I appreciate the kind words Joe. But all credit is yours. Author name is properly updated.
Okay, gang, let me get into this, briefly.
I have a “rental” home in Lakewood — which I bought for my daughter for her use as her home. I charge her $500 per month for a three-bedroom house in a safe, nice part of Lakewood. The money is to cover the utilities, taxes and insurance on the house.
I live in Steilacoom; only go inside the Lakewood place when my daughter asks me for dinner or such. She’s been there a couple of years and takes excellent care of the place.
Will I fall into the same category as other “slum” landlords and be subject to limp over to my daughter’s house when she is at work in order to open the door for an inspector?
I’m the owner and mother of the “tenant” and I would never dream of going into my house — her home — without her permission or being invited!
Where do I fall in the grand scheme of things?
Ms. Geyer,
Unless our city makes an exception for family rentals, I would expect that you and your daughter will be treated like all other rental property owners and renters.
Government entities, who are here to help us, frequently fail to use common sense. My personal experience with the City of Lakewood making common sense exceptions is not good.
I have an idea for you, should the City Safety Squad come after you and your daughter. Before sharing my idea, please understand three things:
1. I do not know what the city’s final decision will be, nor am I privy to what form their rental inspection program will take, should they implement the plan. You can read a copy of the current proposal by requesting one from the city or by looking at it on the city website.
2. I am not a lawyer.
3. I am not an accountant.
Here is my idea to consider if you decide you do not wish to be lumped in with the slumlords and victimized in the process. If you have a high trust level between you and your daughter, Quit Claim or transfer by any other lawful means 1% ownership to your daughter. If she is an owner, not a renter, the city can’t hijack the Landlord Tenant Law provision related to 48 hour notice to inspect and use that against you.
You can record the transfer or not. You can explore making the transfer based on “Love and Affection” in case that might eliminate excise tax.
Now there will be two owners / partners. Between the two of you it can be decided who pays what. Since she lives in the home, she might wish to pay, say $500 per month.
The city might read my suggestion and try to do an end run to eliminate this possibility for you as they complete their final draft. If they decide to show us who is boss, and force you into a rental inspection, that might well be a huge opportunity for you to make some big city money if you get the right lawyer. I am talking about your Fourth Amendment Rights violation.
Please do not make any moves based on my suggestion(s) without talking to your lawyer and accountant.
If you need help with the administrative part of the 1% transfer of ownership, contact me for a referral to a reasonably priced professional.
Good luck to you and your daughter.
Joseph Boyle
Excellent points, as usual, Joe.
Hello, Lakewood!
Hey, Joe Boyle.- long time no see!
Greetings from Minneapolis. As a Lakewood native and current landlord in the Land of 10,000 Lakes, I’ve followed this conversation with some interest. Who doesn’t love a juicy controversy! I have to say, though, I’m at a loss to understand the source of all this juice. My wife, Wendy, and I have owned rentals properties in Rochester and Minneapolis, Minnesota, for the past 10 years. Both cities operate rental property licensing and safety programs.
While the above hypothetical is a fascinating read, and conjures images of jack-booted city thugs kicking in the doors of unsuspecting tenants and trampling their civil rights, it would be tough to carry a narrative further from the realities of our experiences. Admittedly, I am not privy to the specifics of the City of Lakewood’s plans, and if they involve jack-booted city thugs, count me out, but here’s how it works in Minnesota:
Every other year, we receive a letter from the city informing us our rental license is due for renewal, and requesting we contact the city to set up our bi-annual rental inspection. The actual inspection typically follows four- to six-weeks hence, plenty of time to make necessary preparations.
On the appointed date, I meet a building safety inspector at the rental property (having given tenants proper, legal notice that we’d be entering the home, and giving them the option to be present or not), we exchange pleasantries, and then he or she takes a quick walk through the home, testing smoke and CO alarms, and making sure everything is in working order. Then, just like that, we say our goodbyes. I don’t think I’ve ever had an inspection take more than 30 minutes. They’re usually about 15.
With the inspection complete, one of two things happens: 1. A renewed license arrives in the mail a few days later, or 2. If fixes are required (which usually involves dead or missing batteries in smoke detectors, so I always carry a few to the inspection), the landlord receives a letter outlining the required repairs (we once had to repair a leaky water heater) with a reasonable deadline for completing them.
Of course, we pay the annual licensing fee, which in Minneapolis is assessed on a tiered scale — those with a clean, crime-free record of property maintenance pay less (we pay $70), and those with histories of violations pay a fair amount more (up to $373).
For the responsible landlord, these programs amount to about half an hour of annual time commitment and a cost of $50 to $75 per property (one to three units). For the slumlords renting sub-standard, unsafe, frequently crime-ridden housing to people with few options, the process is considerably more arduous and expensive.
Isn’t that the point?
Tim Connelly
Lakewood native
Mr. Connelly,
I appreciate your sharing your point of view. I know the city really appreciates your words.
While I cannot debate your experience, I can provide a response from the opposite side of the coin.
1. While I am happy to pay my fare share of taxes to support our society, I am against any unnecessary government intrusion which creates expense measured both in terms of time and money.
2. Our two cities may well have plans that are not alike.
3. You did a good job sharing your only 30 minute inspection example.
Here is my worse case example. When my mother was age 93 and dying, she lived in a condo owned by my sister. Our mother was in hospice condition. What would it be like when the City of Lakewood Safety Squad comes knocking? She could not get off the couch. to open the door She did not want her last hours filled with strangers roaming through her rental home.
The 45 minute trip from Seattle often takes 2 hours or more based on traffic and our poorly designed and outdated freeway system. Two hours to meet the inspectors. At least 1 hour to watch the inspection and two hours back to Seattle. We are talking 4 – 5 hours, not 30 minutes.
4. If we are talking only a 15 – 30 minute inspection to check smoke detector batteries and carbon monoxide detectors, why don’t we leave that responsibility with the tenant. Any professional landlord makes certain these items are working when the tenant moves in. A document is signed by the tenant attesting that the devices are operational and that the tenant will maintain the devices with new batteries as needed.
This is already covered in our Washington State Landlord Tenant Law.
Often the minute the landlord turns their back some of the tenants remove the batteries to use them in kids toys. I say that is on the tenant. Can’t a tenant be responsible for anything?
Nice to hear from you, but it appears we are not in agreement.
Joseph Boyle
Thanks Tim, City Council take note then I am all in for it!
Yea, I’m with Tim and David too on this. Too much of the usual over theatrics by Boyle and Anderson to otherwise get a clear understanding of the other side or point of view. This program will be good for Lakewood.