Lakewood’s city council is working hard to solve a problem everyone agrees is a problem, namely slumlord properties which produce terrible living conditions for some tenants renting in Lakewood.
Most agree we should find a solution. The disagreement starts when we start evaluating the currently proposed solution the city now calls Rental Registration & Safety Inspection Program.
One of the major defects of the plan is that it reduces renters to second class citizens by stripping them of their Fourth Amendment rights.
The Rental Registration & Safety Inspection Program makes it possible for the City Safety Squad to force or coerce their way into private rental homes and apartments without a warrant and without probable cause of wrong doing.
City of Lakewood might well be able to snake around the Fourth Amendment by highjacking the Washington State Landlord Tenant Law provision that requires the property owner / manager to properly serve a 48 hour written notice of intent to enter prior to crossing the renter’s threshold. The first step for the city will be to FORCE property owners / managers to prepare, sign and deliver the 48 hour notice.
While that seems like a darn clever and simple short cut for the city, the end result is the same. Even if the city wins the legal argument, they cannot win the ethics argument. If the City Safety Squad enters a home against the renter’s will, the result is exactly the same. City can call it what it wants, but from the renter’s viewpoint, it is a violation of their Fourth Amendment Rights.
Debate on this subject is now raging on all over our country.
I am including a link titled Federal Court – Ohio which makes for enlightening reading. The headline reads, “Federal Court Rules Rental Inspections Unconstitutional.”
Even if Lakewood wins on the legal front, they will lose on the ethical front if they insist on sending their City Safety Squad over the renter’s threshold without a renter invitation or a warrant based on probable cause.
City Council, please do the right thing by voting NO on the Rental Registration & Safety Inspection Program, but please continue to search for a solution to the hideous slumlord problem that is effective and fair without harming innocent parties.
I’m still waiting for your proposed solution. Simply saying an idea is bad without providing an alternative or better solution is limited thought. You agree it’s a problem, so what would YOU do about it? Do YOU really want to solve the problem?
Tim…..Seems to me the current Landlord/Tennant law on the books in Washington State, as previously pointed out be Mr Boyle, would suffice.
You don’t solve the problem, Tim, by overlooking the 4th amendment. Amend the 4th amendment, or help the tenants solve the problem with the Washington State law which already exists, and has been pointed out by Joe and Dave Anderson, and the TV reporter. Joe has pointed out the solution, and has respectfully asked the Council to take another look.
Mr. Tim (no last name provided),
Thank you for sharing your comments.
Your first question is, “What would I do about it?” I have already answered that question multiple times. As recently as July 15, 2016 in my article titled “Renter Safety Ploy”, I provided one alternative solution and I quote,
“ALTERNATIVE SOLUTION: As an intelligent alternative, the city could set up a City of Lakewood Rental Hotline / Website to provide renters with the help, education and direction they need to resolve their issue(s). When a renter has a problem they cannot solve with their landlord, they could obtain city help without harming innocent citizens.
A member of city staff or a city volunteer could manage the phone / website. If a renter cannot resolve a covered issue with their landlord, the renter could invite a city inspector into their home for a complimentary property inspection. My concept involves all responsible parties and avoids victimizing innocent Lakewood citizens.
My frustration with the city proposal is that it appears the city is operating with the assumption that renters are too ignorant or inept to solve their own problems. That causes City Council to consider setting up a socialistic system whereby hard working good decision makers are forced to expend their time and money to bail out poor decision makers. Poor decision making is, more likely than not, the reason these renters live in a slum property to begin with.
Lakewood City Council, you can do better than RRISP. Please find an appropriate, effective and ethical solution to the Lakewood slum property problem.”.
Your second question is, “Do YOU really want to solve this problem?” Yes, I would like to see this problem solved, but without creating problems for innocent landlords and property managers.
With experience as a property developer, rental management company owner, rental property owner and police officer, I have seen first hand what slumlords do to hurt renters and the community as a whole. Yes, I applaud our city council for attempting to solve this hideous problem, but wish to insist that any solution implemented by City Council comply with both the letter of the law and the spirit of the law along with being fair and ethical with all parities including innocent property owners and managers.
Note: I no longer own or manage rental property, nor do I have a real estate Brokers license. I do not have a horse in this race. What ever City Council decides has no impact on me. Someone needs to speak up for those without a voice.
Mr. Tim (no last name provided),
You must have missed my previous article published on July 15, 2016, titled Westside Story – Renter Safety Ploy. Towards the end you will find one of several times I offer alternative solutions.
I have provided you a quote in a separate Reply to your comment. My Reply is awaiting processing by the Suburban Times.
Joseph Boyle