Lake County Property Investors Association

(Formerly Lake County Apartment Owners Association)

 

Annual inspection ordinance upsets public

By Ryan Pagelow

A controversial Waukegan city ordinance that calls for the annual inspection of all rental units in the city is opposed by many landlords and social service organizations.  The ordinance, 02-O-37, went into affect earlier this month.

Dennis Eash, a Waukegan landlord and member of the Lake County Apartment Owners Association said, "It's our belief that the purpose of the ordinance is to check for overcrowding."

Eash said about 70 percent of his tenants are Latino and is concerned that the city ordinance will be used to intimidate tenants.

"I think the main crutch of it is, it's an illegal search," Eash said.  "It's a repeat of 1997."

In 1997, Waukegan agreed to pay a $25,000 fine and set up a victims fund totaling $175,000 to settle a federal lawsuit that accused the city of discriminating against Hispanics in housing.

Building Commissioner Charles Perkey stated in a letter addressed to landlords that the purpose of the inspection program is "to ensure that all rental units are currently in compliance with all applicable codes, or if not in compliance, they are brought into compliance in a reasonable amount of time."

The schedule of searches is based on a random selection of properties.  Inspections include an interior and exterior inspection.  About 42 percent of Waukegan housing units, or 11,000 units, are renter occupied, according to the 2000 U.S. Census.

Maria Valdez, senior litigator for the Mexican-American Legal Defense and Education Fund (MALDEF), calls the ordinance an "extreme overreaction" and said MALDEF is looking into the issue.

"We're very concerned about its effect on Latino renters, given the fact that the Latino population has increased in Waukegan," Valdez said.  "A yearly inspection of properties and each individual apartment seems very intrusive.  I certainly don't want anyone inspecting my home."

She also said there already is a process in place to inspect homes for compliance with health and safety codes.

"They can take care of health and safety codes under current law," Valdez said.

The SER Fair Housing Center in Waukegan is informing tenants about their constitutional rights to refuse the inspectors from entering their apartments.  The city then would need a search warrant to inspect a tenant's apartment, but only if code enforcers first demonstrate to the court, probable cause, to enter the apartment.

For more information on tenant rights call the Fair Housing Center at (847) 336-3247.

In related news, last week the Waukegan District 60 School Board voted 4-3 against the Waukegan Building Commissioner's request for the school district to give out addresses where several students are registered.  This is the second time the school district has turned down the request in two months.

La Luz, January 22-28, 2003

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Last modified: November 09, 2005