Our City of Lakewood is not the only city threatening citizens with what many consider to be unconstitutional rental inspection programs. Rental Inspection programs are breeding lawsuits all over our nation. If our city council decides to implement a rental inspection program, they may just be kicking over a lawsuit hornets nest.
To see what I am talking about, check out my link to a two page Forbes article, DO RENTERS HAVE FOURTH AMENDMENT RIGHTS?
For a highly informative primer on rental inspection programs, click my link Institute For Justice.
Whether you agree or disagree with my position, our city council will benefit from hearing from you. Click my link LAKEWOOD CITY COUNCIL to move to their email address page. Tell them what you think.
What does it say about Lakewood that it plans to snoop on renters without having to obtain proper search warrants?
What does it say about Lakewood that is would inspect rental property, not only without a warrant, but without renter’s and landlord’s consent and without any suspicion of wrongdoing or code violations?
What does it say about Lakewood that its Rental Inspection Program (RIP) would allow city-approved inspectors to force their way into innocent people’s homes?
What does it say about Lakewood that renters suspected of criminal wrongdoing are granted greater legal protection than law-abiding tenants?
What does it say about Lakewood that its RIP would mandate that property owners acquire a license to own, operate or manage a residential rental property?
Not much.
Excerpts from the Forbes link provided in the article to which this comment is attached about what’s happening across the country that Lakewood’s RIP architects are proposing here.
1 – no warrant – yes, I am concerned about violations of the US Constitution, but this might fall in the warranted search area. They should have “probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
2- Use of force – not sure what this means. battering rams, crowbars, guns? Not the usual gear of a housing inspector, so when would police be involved? You do know the answer, right?
3- protection of suspected criminals- perhaps they want air-tight criminal cases because too many criminals return to the streets on technicalities.
4 – Licensing of businesses – nothing new, other cities, counties do it. Should already have happened. Don’t wait for RIP, do it now.
Businesses, honest businesses, should welcome the inspection program. They can blame the city for enforcement of “legal use of property” rather than having to confront drug dealers directly. Unless that is, the business can’t maintain a safe environment, protect the adjacent property owner’s rights, or operate in accordance with federal, state and local laws.
Joe, this has been an excellent and very informative series. Being neither a renter or rental property owner, I can see that this sort of inspection without cause would be a violation of people’s rights to privacy. It seems to be the City of Lakewood’s overreacting to a relatively infrequent problem which could be solved in much more efficient ways. Thanks, Joe, for educating the public.