History
Richardson's Rental Registration Program was conceived in 2003, primarily due to complaints about on-street parking and occupancy levels on Dearborn St, despite
-some HOA and resident objections;
-then councilman Townsend's strong objection based on more code violations coming from owner-occupied homes than rentals;
-then councilman Shepherd's warning that this would be litigated;
-then city manager's admission that 95% of the issues could be handled with the existing code.
The city didn't enforce inspections and charge the registration fee until 2009 and became aggressive about inspections in 2012, after the ordinance was updated with the addition of a warrant provision so the ordinance wouldn't bluntly violate the tenants' 4th Amendment rights.
If the city follows the ordinance, probably it's debatably constitutional. Landlords schedule an inspection, and if tenants object to it, then the city can get a warrant if it wants to pursue it further. Instead of executing a warrant, however, the city is prosecuting landlords. The city is coercing both landlords and tenants.
-some HOA and resident objections;
-then councilman Townsend's strong objection based on more code violations coming from owner-occupied homes than rentals;
-then councilman Shepherd's warning that this would be litigated;
-then city manager's admission that 95% of the issues could be handled with the existing code.
The city didn't enforce inspections and charge the registration fee until 2009 and became aggressive about inspections in 2012, after the ordinance was updated with the addition of a warrant provision so the ordinance wouldn't bluntly violate the tenants' 4th Amendment rights.
If the city follows the ordinance, probably it's debatably constitutional. Landlords schedule an inspection, and if tenants object to it, then the city can get a warrant if it wants to pursue it further. Instead of executing a warrant, however, the city is prosecuting landlords. The city is coercing both landlords and tenants.
