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You can't fight city hall or their inspectors in court and win, but you can fire the people you elected, who passed the law and hired them.  You can't ever beat them unless you are willing to fight back.

When you get bad laws, replace the lawmakers -- then the laws
Read how they did it in Port Huron, MI

Mandatory rental inspections are a clear violation of:

  • a tenant's rights to privacy

  • the right to be free from search without probable cause to believe that a crime has been committed.

  • a landlord's private property rights

  • several others

      However, some legislatures and courts believe that it is government's responsibility to keep people safe, even from themselves. They have concluded that ‘safety” is more important than inalienable rights or personal freedom.
      There are many examples of recent government mandates, ranging from motorcycle helmets and seat belts to rental property inspections.

The reasons for rental inspections argued by government officials include:

  • To make sure the rental property is “decent and safe”.

  • To determine how many persons may be occupying a rental unit. (Primarily in college towns).

  • To look for signs of illegal activity. (Although officials won't admit it publicly.)

  • To raise money for the municipality

The inevitable results of mandatory rental property (only) inspections include:

  • Unequal enforcement

  • Rising overall rents

  • Disappearance of low rent units

  • Higher eviction rates

  • Bribes and corruption of inspectors and other officials


Rental Inspection Resources
               
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Landlords and tenants in Port Huron, Michigan sued the city over a very expensive and onerous inspection ordinance. They spent more than twenty-five thousand dollars on lawyers and only won a few concessions in front of a judge who believed in government control of everything. Then they got smart. They put their money behind a new slate of candidates for city council. When they won, the city manager and city attorney were fired and the inspection law was changed.

The only way you can fight city hall and win is in the next election. See Political Action.

 

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