There's some irony in the complaint of
apartment owners who are saying Waukegan's new rental unit housing inspection
program is an invasion of their tenants' privacy.
It isn't uncommon for apartment leases to
include "Landlord's Right of Entry" clauses.
One widely used lease gives landlords or their
agents the right to enter apartments "to inspect same" if tenants get
48 hours' advance notice.
Landlords can walk into an apartment
"without notice or consent of the tenant" in the event of an
"emergency" or "for practical necessity" if repairs or
maintenance elsewhere in the building "unexpectedly require such
access," the lease states. Tenants are supposed to be told someone was in
their home within two days after the visit.
In other words, if your lease contains this
special little clause, or one like it, landlords can come into your apartment
whenever they want by if they state they "unexpectedly require
access."
Even without an access clause, it isn't
unheard of for landlords to visit their apartments unannounced.
There's been some hysteria over the law, too,
although periodic inspections of rental units by municipalities isn't anything
new. Iowa requires such inspections "on a regular basis" and a number
of Illinois communities require such inspections.
"TO ALL WAUKEGAN TENANTS ... The Waukegan
city government has passed a law that says your home must be searched,"
warned the Lake County Apartment Owners Association and the Fair Housing Center
of Lake County, which is administered by SER/Jobs for Progress in Waukegan, a
Hispanic social service agency, in a full-page ad last week.
The city law actually requires a periodic
"inspection" of most but not all rental units, not a
"search," which has an ominous sound, as in "search
warrant."
Single-family homes are likely to be next, the
groups suggested. "No owner's homes will be searched, yet," the
ad stated.
Apartment inspection appears to be an attempt
to drive Mexicans out of the city, wrote Maria Coronado, a columnist for a
Spanish/English weekly.
"I dreamt that they threw me out on the
street with everything I own along with my child," she wrote. " 'Out!
Out with you and your kid!' they shouted in harmony, the mayor, the fire
department, the police department and the head of Code Enforcement, all with
crude voices and bad faces ... War has been declared against the Mexican. They
want to throw us all out of Waukegan."
The rental inspection law is actually a
sinister scheme by aldermen to win white votes, Coronado revealed: "It
finally hit me, what local politicians and all of their henchmen pretended to do
under this policy wrapped up in concern over public safety for its
citizens," she wrote. "It is nothing else but a political strategy to
win votes from White people in the upcoming elections."
Inspection laws are supposed to improve
quality of life of tenants and their neighbors and maintain property values by
making sure landlords live up to basic requirements for decent housing. There's
some evidence that inspection programs can accomplish that, although they can be
abused by city administrations trying to put heat on political enemies who own
apartments.
The "landlord access" lease clauses
make sense, too, even though landlords can abuse the clause.
01/25/03