Illegal Search or Inspection?

[saggioculo]

What is the name of your state (only U.S. law)? NJ: My town has started what they call an "inspection" of rental properties. They say among other reasons that the main reason for this "inspection" is to check for "stacking" (overcrowding). Is stacking illegal? If so, then that would mean the town is looking for criminal activity, yes? If they're looking for criminal activity then wouldn't they need a search warrant?
I take issue with this so called "inspection" not only because it just seems like an outright invasion of privacy but also my address and who lives with me becomes public information. This may seem like nothing but as a disabled, single parent whos daughter will be a witness for the prosecution in a felon case...I'm concerned about who has access to this information. The fact that me and my daughter live in a two family home and the only other people who reside in the house are an eighty year old couple upstairs is now public information under my current circumstances is uncomfortable for me.
All in all, I object to my home being searched when I'm not accused or suspected of committing any crime. Me and my daughter have lived in the same apartment for almost 20 years and the couple upstairs over 23 years. We maintain the property ourselves, which is kept very neat...no clutter of any kind. I know people think this "inspection" is for the renters safety but if something was wrong and my landlord didn't take care of it then there are offices to address these issues. Home owners are subjected to this "inspection" and they can just as easily (if not easier) to commit stacking.
So I guess my original question would be if stacking is illegal then this inspection is actually a search for criminal activity...they need a search warrant to "search" my apartment, yes?

Thanks
Anne

 

[Zigner]

City code inspectors have a HUGE amount of freedom to inspect buildings within their jurisdiction.
Why does YOUR name get attached to this? It should be under your landlord's name.

 

[BL]

Often times in the City I live in , different Agencies get together and inspect the properties in certain areas .

It's perfectly legal . ( sometimes they catch criminals that way ) .

They may want to know the number of occupants that live there .

 

[saggioculo]

City code inspectors have a HUGE amount of freedom to inspect buildings within their jurisdiction.
Why does YOUR name get attached to this? It should be under your landlord's name.

I'm not sure why they need/want the residents name but that is what I'm being told. I'm sure that I am being paranoid but when your child is going to be witness against a felon imagination can be your worst enemy. With the town makes public who I live with and everyone else that lives on the property it's just one more thing to worry about.

Often times in the City I live in , different Agencies get together and inspect the properties in certain areas .

It's perfectly legal . ( sometimes they catch criminals that way ) .

They may want to know the number of occupants that live there .

I understand that these types of "inspections" are quite common and some good probably does come from it...not just sometimes catching criminals. I'm not a criminal and I've never been accused or convicted of a crime and to submit to a search of my home just seems so demeaning and an invasion of my privacy. Not to play the patriotic card here but this is America right? Some government agency can just come into my home and search for whatever and it's not only legal but only singles out us renters. There is a problem with stacking where I live...in alot of cases it's blatantly obvious but I'm not stacking and alot of us renters are not stacking but yet we're subjected to this search. There must be a better why to find stackers without invading the privacy of the law abiding citizens who are not breaking the law.
I do understand what you are saying and appreciate the input. Good does probably come from the inspections I just wish there was a better, more fair way of doing it.
Thanks

 

[cyjeff]

Here is what I would do.

I would actually wait for the inspectors to show up at my door before I worried about it.

 

[FarmerJ]

Your city is only going to look for signs of overcrowding and they might write up visible easy to see code violations, They will not be keeping track of nor do they have any reason to collect names and ages of occupants. They are only going to make sure that property owners are following any written occupancy limit ords. They will be in and out in a flash IF they decide to inspect the structure. If you refuse to allow them in the risk you take is that if you ll has a rental lic of some kind you place it in jeopardy and the LL may end up following what ever steps are required to give you proper notice that if inspections are blocked you could be evicted. If your city has no record of whats in a unit you can expect them to note how many bedrooms or other details about the rental unit. Trust me on this , im sure they have much better things to do than bother to create any detailed kind of record about who is actually living in ever rental unit in that town. TO do anything more than note the number of bedrooms and inspect the physical condition of the house is setting them selfs up for court suits.

 

[Mrs. D]

If it's you they're accusing they *might* need a warrant, but most likely it's the building owner that they're accusing. More importantly, they're likely not looking for a criminal offense, but rather a violation of the housing codes. Generally housing codes violations have a reasonable period with which to comply, followed by a fine. Not criminal charges. Moreover, it's unlikely that they're actually going to publish who lives in what residence, more likely they will note how many adults live in the residence and publish nothing unless there is a violation.

This inspection would fall under the clause in your lease where your LL has access to the premises at reasonable times with reasonable notice to perform an inspection. Your LL should accompany the inspectors. As long as you're not violating the lease (which should specify how many adults live there), you shouldn't be held liable for "stacking." If the inspectors come in and say the apartment is occupied by too many adults, then show them your lease stating how many people live there. Then it's the LL's fault for illegally "stacking" the apartment.

You might also want to Google the housing codes for your area and see how they define "stacking." Considering your city is cracking down on it, there has to be a law somewhere saying "X number of adults may occupy a space Y big." The Y could be in terms of square feet, bedrooms, or total rooms. However, I wouldn't be too concerned about two people in even a one-bedroom apartment. And if the upstairs is occupied by a couple, the occupancy seems reasonable.

 

[Hot Topic]

You've been given advance notice. Had they just turned up on your doorstep, I could see it upsetting you, even if they had the legal right to do so. For you to work yourself up like you have doesn't help you, and it doesn't help your daughter. Accept that it's one of those things that happens to apartment dwellers from time to time.

 

[saggioculo]

Thank You all for words of wisdom. I do tend to make a mountain out of a mole hill and this being the first time after 20 years the town wanting to inspect my home just made me uncomfortable. As stacking has become more of a problem recently the town started this rental inspection that will take place annually for all rental property. Most of the houses in my neighborhood are two family homes which are all rental properties. All the renters in the neighborhood are upset about the inspection. Not that their hiding anything but just the whole invasion of privacy issue. I've learned that these inspections are common place in many towns and our town was one of very few who where not conducting inspections.
Thanks again for all the comments. I do now feel more at ease hearing that this is a common practice of most towns. I guess I was more nervous about not knowing what to expect. I thought they would go through my closets, medicene cabinet, look under the beds and search through my draws (dresser draws that is).
Thanks again
Anne

 

[FarmerJ]

Anne when cities /towns begin inspections programs to cover things they did not in the past often depending on how many rental units are in a town and how many bodies they have in inspections it can take them YEARS to get around to every unit in some places. The last larger city I lived in started several inspections programs during the last few years I lived there, I was fortunate I managed to sell out before they came to my door. I can tell you some city inspectors are a hoot, If you ever buy a home and get one who comes to your door and insist on coming in have fun with them and make them prove the reason they want in. BTW dont accept run arounds from them on any question you have, If they dont have a clear answer they are doing a lousy job. I had two who were too lazy to check to see if the property ownership had changed and could have spared them selfs alot of grief.

 

[xylene]

Here's a crazy idea.

Refuse to allow them to enter and scream profanity.

Here's a good idea.

Politely decline to grant them admittance through a closed and barred door.

 

[Zigner]

Here's a crazy idea.

Refuse to allow them to enter and scream profanity.

Here's a good idea.

Politely decline to grant them admittance through a closed and barred door.

However, both are bad ideas. City code inspectors can enter a premises to make an inspection. It's in the city laws...

 

[xylene]

However, both are bad ideas. City code inspectors can enter a premises to make an inspection. It's in the city laws...

The poster does not want to grant them voluntary entrance.

This will not stop any force of government that is determined.

But a little locked and shut door and a "We're all fine here. Go Away. Never come back." has worked for me at repelling all kinds of people who 'must' enter my dwelling.

What can happen

Either the authoritays force the issue

OR

Govt. worker checks - [ ] "No Stacking" - and moves along.

 

[ecmst12]

And the refusal to admit the inspector won't instigate any suspicion....

 

[acmb05]

What is the name of your state (only U.S. law)? NJ:
This may seem like nothing but as a disabled, single parent whos daughter will be a witness for the prosecution in a felon case...I'm concerned about who has access to this information.

If that is what you are worried about then you have a lot more to worry about. The defense probably already has this information.

The fact that me and my daughter live in a two family home and the only other people who reside in the house are an eighty year old couple upstairs is now public information under my current circumstances is uncomfortable for me.

Sorry to disappoint you but a lot of your information is public record already.

All in all, I object to my home being searched when I'm not accused or suspected of committing any crime.

They are not going to search your home. More than likely some one will come to your door and ask to come in and proceed to ask you a bunch of questions about how many people live there.

Me and my daughter have lived in the same apartment for almost 20 years and the couple upstairs over 23 years. We maintain the property ourselves, which is kept very neat...no clutter of any kind. I know people think this "inspection" is for the renters safety but if something was wrong and my landlord didn't take care of it then there are offices to address these issues. Home owners are subjected to this "inspection" and they can just as easily (if not easier) to commit stacking.
So I guess my original question would be if stacking is illegal then this inspection is actually a search for criminal activity...they need a search warrant to "search" my apartment, yes?

Thanks
Anne

Possibly but since they would not be searching it it really does not matter.