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How Government Violates the Fourth Amendment Rights of Renters (Rochester, NY)
Reason ^ | August 14, 2013 | Dan Wang

Posted on 08/14/2013 8:30:06 PM PDT by neverdem

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1 posted on 08/14/2013 8:30:06 PM PDT by neverdem
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To: neverdem

In my city in Iowa, all rental property must be inspected every other year and a rental permit purchased.


2 posted on 08/14/2013 8:41:30 PM PDT by iowamark
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To: iowamark

May I ask what city that is, please? I want to make sure I never accidentally move there.


3 posted on 08/14/2013 9:34:30 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: Slings and Arrows

Is that really an issue? It’s IOWA! ;-)


4 posted on 08/14/2013 9:42:17 PM PDT by ApplegateRanch (Love me, love my guns!©)
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Gov’t has gotten way too big for its britches.


5 posted on 08/14/2013 10:03:25 PM PDT by Titan Magroyne (What one person receives without working for, another person must work for without receiving.)
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To: iowamark

It seems to me that the City might have the right to inspect rental property between tenants, or if the renter requested it. If the renter objects, wait until he moves out.

The 4th amendment means what it says, regardless of government lawyers trying to change the meaning of the words (i.e., “this is not a “search warrant”, it is a “code inspection.”)

So much liberty has been lost by this kind of dispicable redefinition (e.g., asset forfiture — the property committed the crime, not the owner, and property has no rights).


6 posted on 08/14/2013 10:03:35 PM PDT by Mack the knife
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To: neverdem

They’re not inspecting the renter’s property, they’re inspecting the owner’s property. Rochester was a great city once....now it’s a welfare “hole”.


7 posted on 08/14/2013 10:28:58 PM PDT by Sacajaweau
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To: ApplegateRanch

I’d rather have a bungalow in Iowa than a mansion in New York.


8 posted on 08/14/2013 10:37:07 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: Mack the knife

basically you cannot use the guise of regulation to deprive someone of their constitutional rights.


9 posted on 08/14/2013 10:58:32 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: iowamark

It’s about getting more money out of the owner of the rental property .


10 posted on 08/14/2013 11:04:36 PM PDT by Lera (Proverbs 29:2)
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To: Sacajaweau
I'm torn on this one. I totally support privacy, but if these people have been renting for 30 years it's a pretty safe bet that some of the wiring/fixtures/plumbing may not be up to code.

What if their unit catches fire and it kills other people in the building?

Then who would be responsible?

The owner.

11 posted on 08/14/2013 11:43:01 PM PDT by boop ("You don't look so bad, here's another")
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To: Slings and Arrows

No lie! But I’ll stick to my spread in the sticks of SD...shacks in Montana are over-rated.


12 posted on 08/15/2013 12:40:29 AM PDT by ApplegateRanch (Love me, love my guns!©)
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To: boop
it's not like the inspector is going through their closets or drawers or medicine cabinet.

All leases that I've signed have right of entry clauses.

13 posted on 08/15/2013 1:35:07 AM PDT by Sacajaweau
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To: boop

I went back....50 of these inspections in ten years. I think you have to see what they’re inspecting. lotta slumlords in Rochester. my old hometown.


14 posted on 08/15/2013 1:42:17 AM PDT by Sacajaweau
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To: boop

http://www.municipalinsider.com/city-of-rochester-survives-challenge-to-inspection-law/


15 posted on 08/15/2013 2:00:04 AM PDT by Sacajaweau
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To: iowamark

ditto here in MD

tenants are guaranteed the city will force landlords to correct any code violations

landlords are forced to lay a “license” fee which is just a tax by another name


16 posted on 08/15/2013 3:12:39 AM PDT by silverleaf (Age Takes a Toll: Please Have Exact Change)
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To: neverdem

The next town over from me floated the idea that if you owned a 2 family home perhaps they were going to look at a way to tax your rental unit. The idea went nowhere, but it was something on the town fathers’ minds for sure.

Rents in this town are almost 3k for a 2 bedroom flat....so there’s 36k a year some scumbag at city hall was thinking of getting their hands on. Most of these owner-occupied homes are income for long time town residents. Often elderly.


17 posted on 08/15/2013 3:29:05 AM PDT by LongWayHome
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To: MarineMom613

for later b/m


18 posted on 08/15/2013 3:38:24 AM PDT by MarineMom613 (RIP Sandra Sue, my fur baby 12/31/1999 ~ 7/2/2010 - See you on the other side!)
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To: Sacajaweau

Inspectors are permitted to look through every aspect of a house, wherever there may be violations of “federal, state, county, or city law, ordinance, rule or regulation relating to the construction, alteration, maintenance, repair, operation, use, condition or occupancy of a premises.” Inspectors may look inside “interior surfaces” of closets and drawers to determine if they are “clean and sanitary.”


19 posted on 08/15/2013 3:46:59 AM PDT by heylady (“Sometimes I wish I could be a Democrat and then I remember I have a soul.”( Deb))
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To: neverdem
They are quite right, it's a violation. One of innumerable violations.

Before it's settled, some petty tyrant wannabe is going to realize the overlooked opportunity: require a CO for every residence! An inspection -- of course!!

It's for your own good. Step outside and let us do the right thing. Every year -- no wait, every six months! No wait -- you know that smart meter we installed a few years back? Well...now it's improved!

20 posted on 08/15/2013 5:27:14 AM PDT by HomeAtLast
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