News
Landlords Oppose Civil Inspection Warrants
January 23, 2009
January 23, 2009
Landlords Oppose Civil Inspection Warrants
WXXI Staff
ROCHESTER, NY (2009-01-22) A Rochester City Council committee held a public hearing last night on a proposed city law that would let code inspectors get a civil search warrant to inspect the inside of a rental property.
Some landlords and renters who spoke told city officials it's an invasion of their privacy. But others feel it may be in the best interest for some because they aren't aware of the inherent risks in their homes, such as lead paint.
Rochester Mayor Robert Duffy's administration says Neighborhood Service Center inspectors have been denied access to properties that need compliance inspections.
The city ordinance would let them go to a judge and get a warrant to enter the premises over the landlord's or tenant's objection.
That's not popular with the New York Coalition of Property Owners. President Mary D'Allesandro says Rochester would be violating the Fourth Amendment Right against unreasonable search and seizure over a handful of problem cases. And coalition member David Ahl says there are already two State Supreme Court rulings against a previous city inspection policy that argue against trying to adopt it into law.
But the city believes it has the same right to inspect a rental property for health and safety violations as health department inspectors have to inspect a restaurant for sanitary violations.
The measure has been under discussion for more than a year. It's likely to come before City Council for action at its meeting on February 17th.
© Copyright 2009, WXXI
WXXI Staff
ROCHESTER, NY (2009-01-22) A Rochester City Council committee held a public hearing last night on a proposed city law that would let code inspectors get a civil search warrant to inspect the inside of a rental property.
Some landlords and renters who spoke told city officials it's an invasion of their privacy. But others feel it may be in the best interest for some because they aren't aware of the inherent risks in their homes, such as lead paint.
Rochester Mayor Robert Duffy's administration says Neighborhood Service Center inspectors have been denied access to properties that need compliance inspections.
The city ordinance would let them go to a judge and get a warrant to enter the premises over the landlord's or tenant's objection.
That's not popular with the New York Coalition of Property Owners. President Mary D'Allesandro says Rochester would be violating the Fourth Amendment Right against unreasonable search and seizure over a handful of problem cases. And coalition member David Ahl says there are already two State Supreme Court rulings against a previous city inspection policy that argue against trying to adopt it into law.
But the city believes it has the same right to inspect a rental property for health and safety violations as health department inspectors have to inspect a restaurant for sanitary violations.
The measure has been under discussion for more than a year. It's likely to come before City Council for action at its meeting on February 17th.
© Copyright 2009, WXXI
