Gun Control & RKBA

Court finds Portsmouth’s rental inspections unconstitutional
On October 26, 2015

In a recent decision by the District Court for the Southern District of Ohio, the Portsmouth Rental Dwelling Code (“RDC”) was found to violate the Fourth Amendment insofar as it authorized warrantless administrative rental property inspections.

In 2012, Portsmouth adopted its RDC. The code required rental property owners to apply to the Portsmouth Board of Health for a rental property permit in order to rent their property. To obtain a permit, a Code Enforcement Official would inspect the rental property to determine if the property met the requirements of the code. The city charged fees to issue and renew the annual rental property permits.

Inspections were to be conducted at least once a year and on a minimum of 48 hours notice unless the time period was waived by the tenant. A code enforcement official could also make an inspection in response to a complaint or if the official had a valid reason to believe that a violation of the Code exists. The inspection was limited to the items listed on the city’s dwelling inspection checklist which included 80 exterior and interior items. If the inspection revealed non-compliance items, the owner was given a specific time period to correct the items identified.

Although no property owners were cited for violations of the rental inspection program, owners who failed to respond to contacts by the city received a letter ordering the owner to contact the City Health Department to schedule an inspection. The letter stated that an owner’s failure to do so may result in an order to suspend the rental permits and/or implement procedures for condemnation by the Board of Health and possible issuance of a misdemeanor citation.