Are Involuntary Inspections Constitutional?
In addition to Garland, rental inspections have been challenged and often declared unconstitutional in other parts of the country.
Elizabethville, PA
Hempstead, NY
Marietta, GA
Yuma, AZ
In some cases (like in Yuma, AZ), a city inspector entered a rental property without even notifying the tenant while she was not home!
This isn't just about property owners’ rights, but also renters’ rights, which are also protected under the 4th Amendment. The Richardson ordinance says it inspects rental properties with “the occupant’s permission.” The City of Richardson apparently drafted its ordinance to avoid a 4th Amendment challenge (and the city has been reassured by the city attorney of its defendability.)
The problem is with the implementation of the program. The city does not take “no” from the occupant and is making it the owner’s responsibility to make sure the inspections occurs. i.e. The city is forcing the owner to violate the occupant’s 4th Amendment rights.
Also, at least one of the city inspectors threatened us, saying, “I’ll bring the police with me and enter your property” when we said our tenant didn’t want an inspection.
Some cities were wise enough to repeal such ordinances without lawsuit. We sincerely hope the same wisdom strikes Richardson City Council.
Elizabethville, PA
Hempstead, NY
Marietta, GA
Yuma, AZ
In some cases (like in Yuma, AZ), a city inspector entered a rental property without even notifying the tenant while she was not home!
This isn't just about property owners’ rights, but also renters’ rights, which are also protected under the 4th Amendment. The Richardson ordinance says it inspects rental properties with “the occupant’s permission.” The City of Richardson apparently drafted its ordinance to avoid a 4th Amendment challenge (and the city has been reassured by the city attorney of its defendability.)
The problem is with the implementation of the program. The city does not take “no” from the occupant and is making it the owner’s responsibility to make sure the inspections occurs. i.e. The city is forcing the owner to violate the occupant’s 4th Amendment rights.
Also, at least one of the city inspectors threatened us, saying, “I’ll bring the police with me and enter your property” when we said our tenant didn’t want an inspection.
Some cities were wise enough to repeal such ordinances without lawsuit. We sincerely hope the same wisdom strikes Richardson City Council.
