WEDNESDAY, DECEMBER 11, 2002
THE UNIVERSITY DAILY KANSAN - 7A
INSPECTIONS
Inspections
CONTINUED FROM PAGE 1A
Rental inspections and registration don't apply to apartment buildings and homes that aren't in single-family neighborhoods.
Violation of rights
The Landlords of Lawrence, the group considering a lawsuit, appreciates the city's concern in making sure landlords aren't violating code, but thinks a different approach is necessary, Bob Ebey, vice president said.
"We're not against what they're doing, but how they're doing it," he said.
The landlords formed the Citizens' Rights Committee, which includes tenants and landlords, to fight both the restriction on the number of tenants and the inspections.
Chris Miller, lawyer for the committee, said the inspection ordinance was a clear violation of the rights of tenants and landlords.
The city violates Fourth Amendment privacy rights when it obtains administrative warrants to
enter homes where tenants deny access to inspectors, Miller said.
"You can't come into someone's property and just start inspecting without permission from anybody," he said.
Kielshus gave inspectors permission to enter her home. She said she was on the city's side, and that landlords should take responsibility for their homes.
But the landlords' main problem with the ordinance is that it only applies to homes in single-family neighborhoods, Ebyle said.
"I understand that there are slumlords," he said. "But give every tenant the same satisfaction."
"You have to treat everyone the same," Miller said.
Picking just one type of neighborhood to inspect violates the equal protection clause of the 14th Amendment, Miller said.
The city needs to inspect all rental units, including apartments and houses in multi-family neighborhoods, for the inspection ordinance to be fair and legal for landlords. Miller said.
The city disagrees.
"We think that the ordinance is
constitutional," said David Corliss, assistant city manager and legal services director for Lawrence.
He declined to elaborate.
Meanwhile, the inspections continue at the rate of 130 a month.
Amber Kielshus, Gardner senior, favors rental inspections. Her old home was declared uninhabitable by city inspectors after her landlord refused to fix a substandard window.
Tenants and landlords pay
Kjelshus said she never expected to pay out of her own pocket because her rental didn't meet code requirements. After moving expenses, and problems with her lease and her old landlord, Kjelshus said she and her roommates spent about $3,000.
Both landlords and tenants have felt the effect of the ordinances on their bank accounts.
When landlords refuse to correct code problems, the city can declare a home uninhabitable. Barry Walthall, Lawrence code enforcement manager, said.
But that's unusual.
The city can threaten legal action against landlords for not fixing problems, which ensures most violations are corrected, Walthall said.
"Rarely do we have a problem getting compliance from a landlord." Waltall said.
As a result of the ordinances, single-family landlords have additional costs that landlords for apartments and rental houses in multi-family neighborhoods don't encounter.
"You'd be better off driving drunk down Mass. Street than violating this ordinance," Miller said.
The city can fine landlords who don't apply for registration up to $1,000.
Lawrence shouldn't force inspections on single-family houses because tenants can call
"I understand that there are slumlords. But give every tenant the same satisfaction."
Bob Ebey
Vice president, Landlords of Lawrence
the city at any time and request an inspection on any rental property for free, Miller said.
Good enforcement officials inspect about 130 rental homes per month. The officials check electrical wiring, heating systems, windows and ensure tenants adhere to occupancy regulations.
Having three tenants instead of four can add to how much tenants pay for rentals, Ebey said. But landlords can't expect to get three people to pay the same total rent as four people would, he said, so landlords make less money while individual tenants pay more.
Lawrence residents shouldn't expect to see a drop in the number of rental houses in single-family neighborhoods because of the ordinance, Rebecca Buford, associate director of Tenants to Homeowners, Inc., said.
Rental homes with fewer residents and more inspections still make more for landlords in the long run than selling off the properties, she said.
The Citizens Rights Committee started a legal fund to fight the ordinances. Landlords in other Kansas towns contributed about 42 percent of the fund, illustrating the importance of the lawsuit, Ebev said.
If a lawsuit is filed, the outcome
The popularity of rental homes is one of the main factors that makes Lawrence the highestpriced housing market in Kansas. Buford said.
Other cities watch
"They know that if we win, they won't have to worry about it," he said.
would affect what other college towns do with rental inspections, Sammi Mangus, assistant to Manhattan's city manager, said.
"Once something happens in one community, it spreads throughout the state," she said.
Manhattan, home to Kansas State University, considered an inspection program that would include all rental units about three years ago but the initiative didn't materialize. Mangus said
"There just wasn't a will to start it," she said. "But we still hear grumblings every once and awhile."
Mangus said Manhattan's inspection department focused on educating tenants about their rights to have inspections, instead of requiring mandatory inspections.
The Manhattan Landlords Association wants to prevent the issue from escalating beyond grumblings, said Roger Luthi, president.
"Our feeling is that if this is overturned, then it's extremely doubtful that it will happen in
Manhattan," Luthi said.
Manhattan code currently limits the number of unrelated people who can occupy a house in single-family neighborhoods to four. But Luthi said he didn't think a change in the law would affect the rental housing market in Manhattan either.
"Those are normally houses that have been bought for investment purposes," Luthi said. "It's unlikely that they will go back to owner occupant."
Waiting game
Back in Lawrence, Miller and the Landlords of Lawrence still work out the details of the case.
"It's quite a large project and a good deal of the time spent is interviewing property owners." Miller said. "The work is not complete or it would be filed already."
Miller wouldn't reveal a time period he had in mind to file the suit.
"You could definitely say it's coming."
- LaTea by Lauren Beauty
LAWRENCE AUTOMOTIVE DIAGNOSTICS INC.
842-86652858
2858 Four Wheel Dr.
Experience Counts!
Serving Lawrence since 1990
"We have regular, neopolitan and Mexican hot chocolate."
638 Mass St 832-CAFE
Red Lyon Tavern
944 Mass.
832-8228
We'll help you out of ajam.
Hot Chocolate!
Wescoe Publication Center 1520 Wescoe Open7 am-10 pm
12/11-12/17 weekly events
KANSAS UNION
[Open Study]
Hawks Nest Level (1)
504 Coffee after 1st cup at WheatWavers
[25% off KU BOOKSTORES]
December 13-24th KU Bookstores, Level (2)
Receive 25% off all KU Merchandise, Supplies,
Oread Books and Holiday Items. Includes
previously marked down clearance items.
[Study, Break.] 12/16-12/20
8-10pm Hawks Nest, Jaybowl, WheatWavers (1)
Free Shoe Rental in Jaybowl
Free Billars in Haws Nest
$1.00 Nachos and 50% Coffee (12oz.)
[Study, Break.] 12/16-12/20
8-10pm Hawks Nest, Jaybowl, WheatWavers (1)
Free Shoe Rental in Jaybowl
Free Billiars in Hawks Nest
$1.00 Nacos and 50¢ Coffee (12oz.)
[SUA Stress Reliever]
7pm Hawks Nest Level (1)
$1.99 Pizza and Fountain Drink
[Spend a Little Time with "Friends"]
7:00pm Hawks Nest* Level (1)
$1.99 Pizza and Fountain Drink
[25% off KU BOOKSTORES]
December 13-24th KU Bookstores, Level (2)
Receive 25% off all KU Merchandise, Supplies
Oread Books and Holiday Items. Includes
previously marked down clearance items.
[Free Billiards]
[Free Billiards]
7-10pm Hawks Nest Level (1)
$2.99 Chicken Tender and Drink at WheatWavers
[Open Study]
Hawks Nest Level (1)
504 Coffee after 1st cup at WheatWavers Unions
Yo Lady Yo Sista Yo Mama
Custom Soaps, Fragrances California & European Toiletries
Designer Lingerie, Sleepwear, Robes Cards and Gifts for Ladies of Taste 8 Attitude
Downtown at 735 Mass. 1/2 block south of the Eldridge Open til 8
---