PDA

View Full Version : Red Wing MN - Mandatory Inspections of (occupied) Rental Property




Anti Federalist
02-12-2013, 01:01 PM
IJ is a outfit deserving of support, by the way.

Mandatory Inspections of Rental Property: Is Your Rented Home Your Castle?

http://www.ij.org/robert-mccaughtry-et-al-v-city-of-red-wing-2

The city of Red Wing, Minn. is enforcing a rental property inspection law that requires landlords and tenants to open their doors and submit to inspections of their private property in order for the landlord to receive a license to rent the property.

Under Red Wing’s rental inspection ordinance, it is easier for the government to force its way into the homes of law-abiding citizens than it is to search the home of a suspected criminal. But the U.S. and Minnesota constitutions protect everyone, not just criminals. Red Wing’s inspection mandate is unconstitutional.

Red Wing’s rental inspection program has been in place for five years. During that time, inspectors have searched the rental homes of hundreds of residents, going into their closets, looking under their beds, and inspecting their bathroom cabinets. They have required “correction” of terrifying health and safety hazards like “a dirty stovetop,” a damaged bedroom doorstop and a bathroom door without a lock. After losing two attempts to get warrants to search rental homes without tenant and landlord consent, the city enacted a more limited program. Now inspectors don’t go into medicine cabinets or refrigerators. The most recent court decision seems to eliminate closets and cabinets as well, but inspectors still go into every room and still have access to all the personal information one can tell about a person from entering their living room, bathroom and bedroom. It is time for Minnesota courts to uphold the rights of ordinary residents to exclude unwanted visitors from their homes.

To protect landlords, tenants and, ultimately, everyone against unreasonable searches, the Institute for Justice Minnesota Chapter has filed two lawsuits in Goodhue County District Court in Red Wing, Minn., under the U.S. and Minnesota constitutions to stop the city of Red Wing from conducting involuntary inspections without probable cause and also to ensure that constitutional standards govern residential inspections. These inspection programs are popping up like weeds all over Minnesota, and similar laws are appearing everywhere from California to Indiana to Pennsylvania. Red Wing has become the flashpoint in a nationwide battle to protect privacy and the freedom from unreasonable searches, as well as to ensure administrative warrants do not become the tool of choice for governments trying to enter people’s homes.

Danke
02-12-2013, 01:08 PM
MN has way too many busybodies.

jbauer
02-12-2013, 01:55 PM
I'd F with them. Sex swings in the living room. Giant bongs (no drugs of course). Maybe a couple Jesse Ventura books. I'd make it as complicated and uncofortable for them as possible.

Out of curiosity is it a crime to sit on your couch with an AR15 while they do the search?

Acala
02-12-2013, 02:04 PM
Out of curiosity is it a crime to sit on your couch with an AR15 while they do the search?

Lol! And film it for youtube.

Darguth
02-12-2013, 02:52 PM
Out of curiosity is it a crime to sit on your couch with an AR15 while they do the search?

If you have an AR-15 why are you letting them conduct an unconstitutional search in the first place? :)

Pisces
02-12-2013, 03:22 PM
I blame all these hoarding shows on cable tv.

AFPVet
02-12-2013, 04:12 PM
You would have to consent to them per contract. Screw that... these days you can buy a small house for what you pay in rent... at least here.

sailingaway
02-12-2013, 04:40 PM
some of our people got a similar provision killed somewhere with activism. It can be done.

angelatc
02-12-2013, 04:46 PM
Dirty stovetop? Seriously?

I'm a medicore housekeeper, and while there's not mold growing anywhere, we've certainly had more than one morning when the oatmeal boiled over and the mess sat on the stove until everybody got home from work /school.

If they want to inspect them, then the inspection should be between tenants, while the place is empty. But of course I don't think they need to inspect them at all.

What about people with dogs and animals? I'd be pissed if I came home and found some arse of a city inspector had my dog shot because he felt threatened in my damned apartment, or managed to let my ancient half-blind cat outside, where she's never, ever been.