Have you ever had people enter your home on their own invitation? I’m not talking burglars. I’m talking about people who are “legally” entering your homes, walking around your private zones, such as your bedrooms, and basically see pretty much everything you own. Are you renting in the City of Lakewood, Washington? Then, it’s most likely that within the next five years this will happen to you, as well.
Why?
Because of a Rental Housing Safety Program that, since 2018, has been targeting “substandard housing conditions […] responsible for numerous health problems, particularly for young children, seniors, and people who already suffer from chronic illness.” You bet, I wouldn’t have ever assumed that my husband and I qualify for such a definition! Yet, we have been subject to this program only last week.
All rental homes in Lakewood have been put into the great lottery, willy-nilly, by the way. Ours was picked randomly by the City of Lakewood. Obviously, nobody looked into where the home is located or who has been renting it and for how long. These facts alone should have given the City of Lakewood a clue that there exists a great relationship between landlord and tenant, in which issues are openly discussed, solved timely, and no outside “help” from any authorities is necessary.
The American Constitution’s Fourth Amendment guarantees that “one’s home is one’s castle”. It says, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. Yet, the City of Lakewood created a rule that brushes the amendment aside and follows through with its own ideas.
My husband and I are law-abiding citizens; a direct search of our home would only have been possible with a warrant on a probable cause. But the City of Lakewood found a way around this. In instrumentalizing the landlords (and throwing in the good with the bad and the ugly), a home inspection has become an indirect search. No home inspection by the city with the landlord as a legal side-kick, no renewal of the landlord’s license. Which would, therefore, entail the loss of the tenant’s home, too. Now, which tenant (or landlord) wouldn’t play along with the inspection?! Clever, isn’t it?!
Of course, the program is sold to us citizens as taking care of the tenants’ well-being. No matter whether the tenants are intellectually fully capable of communicating with their landlord. What’s NOT taken into account by the people enforcing the program is that with every repair, necessary or unnecessary, rents go up. Which, in the more vulnerable tenant cases, might lead to that people can’t even afford their rents anymore. Did the City of Lakewood ever consider this? Wow, winner, winner …
If you are a home owner, you might ask what was the big deal. Will anybody from the city come to inspect YOUR home? I’m curious. Because it looks like everybody in Lakewood who doesn’t currently own a home for whatever fair reasons is a second-class citizen, fair game. One who can be checked on by the City of Lakewood. Maybe, the creators of this program ought to ponder how THEY would feel if utter strangers walked through their homes, looking even into cabinets. If these utter strangers were wandering into their very private bedrooms and bathrooms. I tell you what it feels like: like an unreasonable, therefore unconstitutional home invasion, a strip-tease enforced by the city, documented for the archives. Press the repeat button in five years’ time.
It doesn’t matter that the inspector tells you they “don’t intend to interfere with the landlord-tenant-relationship”. I have long found that whoever tells you that they “don’t intend” something usually just go about whatever they had in mind anyhow. It doesn’t matter that they “do this all the time” – repetition is no recommendation.
For some people infringements of their private rights might “not feel so bad”. But little by little, we are getting censored, controlled, checked where it concerns our private lives. The number we feel or think about it, the less we are aware that our rights are being taken, our freedom is being curbed, somebody else is taking over control. There are surely other, constitutional solutions to see to the well-being of Lakewood’s tenant citizens. Ways that don’t turn us into projects and objects but that respectfully include us in decisions that concern our privacy and our homes.
Yes, there may be other ways, but they would not yield any “monies” for said City of Lakewood, would they?
The only thing I seen repeatedly is things that bring in revenue, and increasing or making new reasons for taxes.
I am not pleased about your story, however I am comforted to know that I am not alone in my way of thinking about the way it is around here.
Thank you.
Thank you, Kimberly, for adding your voice to mine.
Actually, if they inspected homes at the time when they are up for lease anyhow, nobody’s 4th Amendment would be infringed at all. That is just ONE alternative. I’m sure there must be others …
Well said Susanne,
I’m not sure why good and effective government is sometimes so difficult, and here it’s certainly not one political party or another but a feature of democracy. Except for the consolidation of properties under fewer landlords, the bad actors in that class and bad tenants occur in probably roughly equal numbers, but for some reason the prevailing trend is to suspect all landlords and view all tenants as wronged saints. Unfortunately, so favoring tenants has driven the small “mom and pop” landlords, those for whom a personal relationship matters, away from being a landlord. It’s well documented that more and more properties are being consolidated into huge holdings. Now the tenant rights proponents are aggrieved that rents are going up, becoming the latest thing to control with another broad brush further driving the small owners away.
Thank you, Will, for your kind response! In fact, though, whether it’s bigger landlords or smaller ones, my point is that any form of government/authority has to stay out of any private home, as a private home is none of their business unless the tenant is a culprit.
Thank you for bringing this to light for the many who are unaware of the tyrannical power the City of Lakewood has bestowed upon itself. Like you say, this breach of Human Rights is whitewashed by “what’s good for the People “.
I myself have been a victim of this high handed authoritarianism. As a result of the actions of the City of Lakewood five families were displaced from the affordable single family homes that most had lived in for years. The improvements and timeline the City demanded, were simply too costly for the owner.
Now, where there used to be happy homes and children safely playing on a culdesac, there is a vacant piece of land that is plagued with periodic dumping and easy access for graffiti taggers on the neighborhood’s buildings.
There have been attempts by the owner to utilize his property by leasing to other business concerns, all of which have failed due to the City of Lakewood.
All of this was done, partially because the owner lacked a good understanding of English or his Rights. He was definitely taken advantage of.
I don’t know what the answer is but awareness is definitely on the right path. Thank You again.
PRK
I’m lacking words, PR … Awareness and communication are certainly something vital when it comes to civil rights. Bureaucracy usually is no asset when humaneness and propriety are concerned.
Thank you so much Suzanne. Excellent reporting. Let’s remember these infringements of our rights when we go to the polls to vote. We voted these goofballs in office and look what they’re doing now. We only have ourselves to blame.
Thank you, Timothy. We can only hope that these regulations that are violating the 4th Amendment will be worked over and corrected as soon as possible.
This is typical extreme progressives’ political thinking and the socialistic government we have, and if we keep voting for this kind of politician this will get worse and government will become more and more powerful and the tax payer who pays for it all will have fewer and fewer rights.
“When plunder becomes a way of life for a group of people in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that
Justifies It”
(Frederic Bastiat)
This same thing holds true in any and every organization. The humans in the organization will over time cause rules and the like to be created giving them more and more power to act autonomously and without accountability. Which in turn gives them the power to create a kingdom for themselves which allows them to do whatever they want to do.
This is why all organizations need to be accountable to the people they work for or represent. The subject people should have control of everything these people do by a majority vote.
Dear Jonn, I am hoping that somebody in town hall will reconsider the regulation and include the citizens concerned, landlords/property managers AND tenants, in the decision-making. I don’t see anything progressive or democratic in the regulation. I’m not talking party language here but plain, literal terminology … 😉
Susanne, I have had an annual inspection of my dwellings for the last 10 years. Rather than consider it as violating my Constitutional rights, I have considered it a blessing. The last thing I want is to be living with hoarders or other unsafe people and to die in a fire due to smoke inhalation because of my disabilities. I look forward to my annual inspections. BUT YOU KNOW BY NOW, THAT I AM A NUTTY BROAD. lol.
Dear DM, it is still the landlord’s/property manager’s responsibility to inspect, NEVER a government’s/an authority’s. They should still not invade YOUR home, as they have no business there, unless they have reasonable suspicion that you are endangering somebody else. That being said, there are also condo owners – are they all safe and do they get controlled?
If you go along with your civil rights being trodden on, don’t wonder if they infringe them more and more …
Dear Susanne, When this matter was “being considered” – read that as already decided behind closed doors, I had a heated discussion with 2 Lakewood Mayors. You are correct about constitutionality. They have no probable cause to “search” – synonym to “inspect.” Using a well known 4 Way Code of Ethics- Has what they did contain the truth? No. Is it fair to ALL concerned? No, certainly not to landlords. Will it build goodwill and better friendships? No. Obviously. Will it be beneficial to all concerned? Again No. Obviously. I know Joe Boyle is steaming right now. Right Joe?
Respectfully, John Magnuson
Thank you, John , for trying to change things when they were being discussed. I have to admit that, back in the day, I was somehow not even aware of it. Chapeau to you!
This program does raise some interesting legal issues. As a former rental property owner, I was held accountable by the county health department when my tenants stopped paying for garbage collection, and began piling up garbage bags in the backyard. The tenants did this after my bimonthly inspection visit, so I was glad to have notification of the problem.
But if there exists a good relationship between landlord and tenant, a forced inspection by a city inspector seems abusive of the right to privacy. There should be better discretion about who gets inspected, ie whether the tenants have filed a complaint.
Thanks for sharing this information, and perhaps someone will raise a legal challenge to this city policy.
Thank you, Dave! Bimonthly inspections by the tenant? Wow, that must have been intense for you. And mind, I think that landlords/property managers have a right to check on their property/responsibility. Communication and regard of either side for the rental should be a given; of course, we all know that this is an ideal.
Unfortunately, I was not aware that this regulation came up way back when. I have never been aware of anybody complaining about this issue ever since either. I wonder about this silence when so many are dealing with the same challenge.
This is horrible! The city has no right to come into our home ever! Unless they have a warrant to do so!! And with good reason! Unless we have asked them to come in because of issues that are not addressed by a landlord. This feels to me like a money maker to me. What’s next? They will be coming into all our homes whether we are renters or owners. Don’t let them in without a warrant!!
Unfortunately, a warrant makes the citizen look worse than the city. And what would be gained by it?! Just delay and more upset. I have nothing against a home inspection by a landlord/property manager – it’s their right and responsibility. As to authorities without reasonable suspicion as to something going wrong … well, I guess I said my part.
“Power corrupts, absolute power corrupts absolutely.”
Lord Acton, 1844-1902
Unfortunately true, Tom …
This is what tyrants do.
The 4th Amendment was created due to abuses by the “the government” – e.g., King George, back in the day. Quartering of soldiers in civilian’s homes,”knock in the night” searches to root out opponents of authoritarianism, etc., is why that amendment was created.
So now Lakewood has – through coercive means – “deputized” landlords “consent” to enter their “leased property” against the rights of the lease holder/tenant w/o any apparent cause to do so. I’m really concerned that a program like this has not be challenged in the courts over the 5 – 6 years it’s been functioning. We should all be scared.
I’m saddened that you – of all people – and your husband have had to experience this in the USA. American’s have shed blood and treasure to stand against this sort of thing – now we have “cleaver” leader/tyrants taking us down a really dangerous path that would repeat history.
I respect the few comments that felt this program provided some benefit to them, recognize that there are bad actor landlords out there, and thus good intentions may have been behind creation of this program. That doesn’t justify this, however. History repeatedly teaches that the road to Hell (and tyranny)is paved
w/ good intentions.
Thank you Suzanne for brings this “under the radar” program to our attention. I like some of the other commentators will be active at the polls this year.
God Bless you and your husband.
Thank you so much for your kind words, dear F.! Apparently, the “under the radar” program was discussed in all kinds of aspects even before it was installed. I just was never aware of it. Which makes it clear to me that even though some headlines might look austere, the article underneath is always worth a reading. You bet I’m reading even more these days …
May God bless you, too.
John Magnuson,
This is a belated response to Susanne’s article and your comment. You are 100% correct. I am steaming. I was steaming back when the City of Lakewood initiated the Constitutional Violation program.
The city and the tenant population may find it informative to learn that one of the main reasons I no longer have something like 50 rentals is that I did not want to be forced to work with a Communist-like government mandate bureaucracy. I did not want to pay unnecessary fees to the city.
For 40 plus years I owned and managed something like 50 rentals thereby providing neat, clean, and safe homes for those who could not at the time purchase their own home. Mine was a mutually beneficial public service of providing housing.
I was not a bad landlord. I was a good landlord. Some of my people were with me for 10 years or more. I am still friends with some of my tenants.
City of Lakewood, why do you punish everyone, landlords and tenants, because of the bad behavior of a few?
Based on the city’s overreach, I sold all my rentals thereby eliminating rental property options for those in need.
Because, as you say, I am steamed, as a landlord, I am out. Housing those looking for homes to avoid becoming homeless is now the city’s problem, not mine..
Joseph Boyle