HUTCHINSON, Kan. (AP) - Several landlords in Hutchinson who registered their rental units under a new city program did so under protest because they believe the program is unconstitutional.
The registration process started in January but landlords were given until Thursday to pay a $25 annual fee for rental units. The city plans to inspect all registered rental units about every three years and when ownership changes.
The inspections can be done without the consent of the tenants or the landlords, which opponents said violates constitutional protections against unreasonable search and seizure, The Hutchinson News reported (bit.ly/1RSWq5e).
Registrations turned in this week came with about 20 sheets of paper with signatures from landlords and tenants saying they “do NOT waive the Fourth Amendment Rights Protection against warrantless/unreasonable searches nor do (we/I) waive the fourth amendment rights of any tenants that occupy any property that is owned by (us/me). The registration and inspection fees herewith are paid UNDER PROTEST.”
Landlords who didn’t meet the Thursday deadline will pay a fee of $50 per month per unit for each month a unit is not registered. Units not registered by June 30 will be deemed uninhabitable
As of Thursday afternoon, 4,918 rental units were registered - including 1,130 units registered this week, according to Planning and Development Department Director Jana McCarron.
Landlord Richard Greever is hopeful state lawmakers will approve legislation that would bar cities and counties from adopting or enforcing an ordinance requiring periodic interior inspection of a residential unit unless the occupant consented. A pending bill was approved in the House in March, but needs Senate approval.
“The tenant would have the right if they choose to refuse the ability of the city to inspect the interior of the property,” said Luke Bell, vice president of governmental affairs at the Kansas Association of Realtors, which supports the bill.
The city of Hutchinson and officials from several other Kansas municipalities opposed the bill, saying inspections done only when tenants complain are insufficient because tenants may fear retaliation if they complain. Hutchinson officials cited the December 2014 death of an 8-year-old Hutchinson boy in a fire that started because of an electrical overload caused by the use of multiple space heaters because there was no working furnace in the 114-year-old house that had been divided into rental units. The city said the median age of homes in Hutchinson is 77 years and nearly a third are in fair to poor condition, with rentals disproportionately in poor condition.
If the bill doesn’t pass, Greever said, a lawsuit against Hutchinson’s program is likely.
The city has conducted over 250 inspections since the program was implemented. To date, no tenant has refused access.
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Information from: The Hutchinson (Kan.) News, https://www.hutchnews.com
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