Judge gives renters voice over inspections
A Cook County Circuit Court judge recently gave renters a voice over mandatory annual inspections of their apartments by local government housing inspectors.
Judge Joel L. Greenblatt of the third municipal district in Rolling Meadows ruled that apartment building owners and managers cannot be forced to allow inspectors to enter individual apartments when tenants aren’t home or decline inspections for privacy reasons.
Judge Greenblatt ordered that apartment building owners can “consult with the tenants to determine two alternative dates and times reasonable to the tenant and the village to conduct the inspections” of individual apartments. If renters decline to provide alternate dates and reasonable times including weekends and evening hours, Judge Greenblatt said, then the local municipality may pursue a court order against the tenants, rather than owners.
The judge put the burden on owners to provide tenants’ availability information to local housing inspectors but he did not want to transform apartment building owners into enforcement lackeys for village housing inspectors without giving renters a voice.
Judge Greenblatt said multiple trips to inspect separate units should not result in “re-inspection” fees for owners.
The case stems from violations that the Village of Schiller Park issued to an apartment building owner for refusing housing inspectors to enter individual apartments when tenants were not home or who declined inspections for privacy reasons. Schiller Park housing inspectors found no other safety, health or maintenance violations in the common areas of the apartment building. Inspectors in Schiller Park want to enter every multi-dwelling apartment annually to ensure safety devices such as smoke and carbon monoxide detectors are in place and working.
It will be interesting to see what actions the Village of Schiller Park takes going forward if renters refuse to offer alternate dates for inspections and decline access to their apartments, especially where there are no complaints or any evidence of safety or health hazards in the common areas of the apartment buildings.
Will Schiller Park police break down doors to enter apartments?
Will the Village haul renters to court at taxpayers’ expense?
Will it force renters to take time off from work and incur legal expense to properly defend themselves in court to maintain their constitutional right to privacy?
What do you think are the right things for the Village, owners, and renters to do?
What is your voice on this issue?
i have had a notice on my door stating that the landlords r coming in for inspection and i was wondering if i can decline it ?
Ask your landlord what he wants to inspect, if it is an emergency, maintenance problem, or what. Ask landlords who will be with them. If you don’t want government inspectors in your place, simply ask them to get an administrative warrant to inspect specific areas in your home. Warrantless inspections violate U.S. Constitutional right to privacy.
A letter was left on my door today stating that they want to bring two men into my apartment to do a safety and CO check. I have lived here over two years and it has never been addressed . I would like to know who I can contact on refusing this entry into my apartment unnecessarily.