Rental Housing Association call to action!

RHA Call To Action:

City of Seattle Proposes $75,000 to study rental property inspections program

RHA needs your help.

We need you to contact your Seattle City Council Representative and let your voice be heard. Please read the message below and take action today. Seventeen years ago Seattle instituted an inspection program that was subsequently struck down by the State Supreme Court. Under the decision in the “McCready” case, the court found that warrant-less inspections of private property are unlawful. Today we face the same threat from Seattle again.

In the past week RHA has learned that Councilmember Nick Licata and Seattle’s Department of Planning (DPD) and Development are attempting to secure $75,000 to study proactive rental property inspection programs similar to the program set out in City of Pasco Ordinance 3231.

RHA filed an amicus brief to challenge this Ordinance in the “Shaw v. Pasco” case. In that case the Court ruled to strip renters of Fourth Amendment protections against unreasonable search and seizure in the name of strengthening rental housing building code enforcement. Government may now force the inspection of a rental unit in the face of both the owner’s and the tenant’s objection, without probable cause and without a search warrant. RHA is appalled at the long awaited City of Pasco v. Shaw ruling recently handed down by the Washington State Supreme Court. RHA remains vehemently opposed to a proactive inspection program for several reasons.

Mandating inspections of rental dwelling units, without a warrant and regardless of tenant consent, violates a tenant’s rights under the Fourth Amendment to the US Constitution and Article 1, Section 7 of the Washington State Constitution.

• The Fourth amendment to The United States Constitution provides “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.”
• Article I, Section 7 of the Washington State Constitution states “no person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Authority of law meaning a valid search warrant, which is deemed valid only when probable cause exists that evidence of a crime will be found. In addition to stripping away privacy rights, an inspection program would also result in additional costs to Seattle landlords. An inspection program would cost hundreds of thousands of dollars to implement and maintain and somebody will have to pay for it. You can count on being the one left to foot the bill. RHA is strongly encouraging the Seattle City Council to consider the privacy matters involved prior to committing $75,000 in taxpayers’ money to such a study.

RHA worked with the City of Seattle and supported the Mayor’s “Clean Up Your Act” legislation which greatly strengthened civil penalties assessed to property owners found to have egregious land use, housing and building maintenance or weeds and vegetation code violations. These new ordinances have only been in effect since July 5th, 2007 and have not been given sufficient time to be enforced, yet some officials at the City are already looking for something new.

The best way to eliminate sub-standard rental housing is by vigorously enforcing existing state laws and municipal housing, fire and health codes. The City has told RHA there are some irresponsible property owners that need to be brought into compliance — but the City hasn’t been able to do anything about them. So, the City should skip penalizing all rental housing owners with an inspection program and directly go to the KNOWN source of the problem — the egregious rental property owner. The City should use the $75,000 to increase code compliance funding and get it done.

RHA urges its members who either own Seattle properties or live in the City to contact the City Council and voice their opposition to any pro-active inspection program of rental property. Working together, we can prevent the City from violating our rights and our tenant’s rights to privacy guaranteed by the U.S. and Washington State constitutions.

Time is of the essence. The City will finalize its 2008 budget within the next few weeks. Action is needed now. Please see the attached contact list for the Seattle Council. Both phone numbers and email addresses are listed for each member of the Council.

Sincerely,

Julie Johnson
RHA President

Description of proposed budget action:
This action would add $75,000 in General Subfund to the Code Compliance BCL to develop a program to identify and bring substandard rental housing into compliance. This includes, but is not limited to, examining structures, costs, and market impacts of a rental housing licensing / inspection similar to the program set out in City of Pasco Ordinance 3231. Other models should include those 1) that target rental housing that is known to be substandard; 2) that strengthens the existing complaint-based system; and 3) improve the ability of the City to enforce its retaliation ordinances. This program would complement the existing complaint based system and would be implemented in 2009 after Council review of the options and adoption, by ordinance, of the Council-preferred option. The general fund add would fund consultant resources for a feasibility study that would recommend program structure options, develop staffing alternatives, recommend implementing departments, propose licensing fees, and estimate potential implementation, costs, and market impacts.

Adopt the Following Budget Proviso: “Of the appropriations for 2007 for the Department of Planning and Development’s Code Compliance BCL, $75,000 is appropriated solely for the purpose of developing and implementing a pilot rental housing to identify and bring substandard rental housing into compliance..”

Seattle City Council Contact List
Position 1 – Jean Godden
Phone – 206-684-8807
Email – [email protected]

Position 2 – Richard Conlin
Phone – 206-684-8805
Email – [email protected]

Position 3 – Peter Steinbrueck
Phone – 206-684-8804
Email – [email protected]

Position 4 – Jan Drago
Phone – 206-684-8801
Email – [email protected]

Position 5 – Tom Rasmussen
Phone – 206-684-8808
Email – [email protected]

Position 6 – Nick Licata, Council President
Phone – 206-684-8803
Email – [email protected]

Position 7 – David Della
Phone – 206-684-8806
Email – [email protected]

Position 8 – Richard McIver
Phone – 206-684-8800
Email – [email protected]

Position 9 – Sally Clark
Phone – 206-684-8802
Email – [email protected]

Mail all Coucil Members