Rental inspection program discussions have plagued the city of Meadville for quite some time. There are those advocating for and those advocating against such a program. Many questions remained unanswered, but nevertheless, the ordinance was passed at the end of December 2022. Let's look at just a few of the main questions; What will this cost? What items will be inspected? Who will be inspected? When and where will inspections begin?
All are great questions, so we won't wait around for an inspector to get into some of these questions.
To start, the cost. According to a fee schedule that was set at the start of 2023, inspections will cost $76 for a 2-year period. A reinspection fee of $60 will be assessed. Finally, a $10 fee to transfer a registration.
What items will be inspected? This actually isn't specifically stated in the inspection program ordinance. The ordinance states that after a required inspection, if the unit has met applicable codes and the fees have been paid, a license will be issued. Applicable code is defined at the start of the ordinance as follows; Any applicable provision of the 2009 International Property Maintenance Code, as amended by the Meadville Property Maintenance Code in Article 1721 of the Meadville Municipal Code which, if violated, presents a danger to the general safety and welfare of the occupants and/or the public or constitutes a safety violation such that it was rendered non-compliant with the requirements of the applicable code under which it was constructed.
To the point of the 2009 International Property Maintenance Code, it covers a wide variety of items. Rooms sizes, ceiling heights, railings, windows, etc. This section leaves the inspection open to interpretation as to what exactly would present a danger to the general safety and welfare of occupants and the public. But, interestingly, they have included a clause in the rental inspection ordinances that reads "No warranty. The purpose of a residential rental license shall be to let owners and tenants know that a unit has been found to be compliant with the applicable code as of the day the residential rental unit was determined to have passed the inspection. The issuance of a residential rental license does not warrant the habitability, safety or condition of the residential unit in any way."
You're likely now asking what the purpose of this program is. According to the ordinance, the purpose and intent shall be to protect and promote the public health, safety and welfare of its citizens. So, if that is the purpose, why does receiving a residential rental license not warrant the habitability or safety of the unit? That seems confusing.
Now, who will be inspected? According to the definition in the ordinance, a residential rental unit is a dwelling unit let for occupancy or occupied by persons other than the owner or his immediate family members. In short, if you don't own your home you would be inspected. According to discussions at various city council meetings, dorms and bed and breakfasts are covered and inspected under a different ordinance.
When and where will these inspections begin? Registration of properties must be done by October 31, 2023. Inspections will be scheduled by the inspector after that. Where those inspections will begin will be determined by the code official. The schedule may prioritize inspections based on the general condition of the area, specific property types, length of time since the last inspection, or other similar neutral criteria determined by the code official.
In summary, the code official will decide where to begin with inspections. Yet another item in this ordinance that seems to be open to interpretation.
Now that we've looked at the facts of the matter, let's look at a couple of examples of municipalities being challenged on these programs. The first comes from Seattle. Here is some of the fighting points;
"When it comes to respecting the property and privacy rights of its residents, the city of Seattle treats its rental tenants as second-class citizens by forcing them to allow government-mandated inspectors into their homes, without first getting a warrant. Homeowners, on the other hand, have no responsibility to have their homes inspected by the city, let alone allow a stranger to traipse around their kitchens, bathrooms, bedrooms and —report back what they’ve found to the city. Just because residents rent—rather than own—their homes does not mean that they relinquish their constitutional rights."
Similar concerns were raised in Pottstown, PA, and Orange City, Iowa.
What is this constitutional right they speak of? It's the fourth amendment right found in the U.S. constitution, which reads as follows;
The Fourth Amendment
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.
The argument is that renters should not be treated differently than homeowners simply because they choose to rent their homes. Their right to privacy should not be able to be waived by an ordinance that is burdensome and unconstitutional.
Young people, racial and ethnic minorities, and those with lower incomes are more likely to rent. (Who rents and who owns in the U.S. | Pew Research Center)
Some of these classifications of individuals are protected by certain rights or even resolutions. More specifically, in the city of Meadville, a non-discrimination resolution was passed by city council. What does this mean? Glad you asked! It states the following;
The City aspires to foster and safeguard the right of all persons to be free from all
forms of discrimination in regard to employment, housing, obtaining credit and
public accommodations.
Council adopted this as part of its statement of values;
People of every sex, sexual orientation, gender identity, race, color, age,
physical/mental ability or disability, national origin, religion or beliefs, marital
status, familial status, veteran or military status, who seek peace and prosperity,
are welcomed and are encouraged to reside, work, recreate and worship in the
City of Meadville; and
Discrimination by any individual or organization, whether public or private, based
upon any person's actual or perceived sex, sexual orientation, gender identity,
race, color, age, physical/mental ability or disability, national origin, religion or
beliefs, marital status, familial status, veteran or military status, will not be abided
in the community.
A guiding value of the City shall be that all residents, workers, and visitors of the
City of Meadville shall enjoy the rights, privileges and responsibilities pursuant to
all applicable laws of the United States, the Commonwealth of Pennsylvania, and
the ordinances of the City of Meadville, and be free of unlawful discrimination.
The constitution of Pennsylvania states the following;
There's also this;
Is the city of Meadville, in a sense, discriminating against those who rent their homes by subjecting them to these residential rental inspections? The city permits exemption from inspection based on homeownership. Homeownership is not attainable or affordable to all, and therefore only a small percentage of the population would be able to own their home. As such, only those privileged enough to own their homes would be able to avoid inspection of their homes. The city is saying it respects the right of privacy of homeowners, but not renters. This is in contrast to their stated belief that all in the city of Meadville be able to enjoy the rights and privileges provided to them under applicable laws.
Comments