Two proposed city housing ordinances met with fierce resistance from area landlords at a public meeting Thursday.

Up for comment were the proposed Chronic Nuisance Ordinance (CNO) and Rental Property Licensing and Inspections Ordinance (RPLIO), which would allow the city to confiscate so-called “chronic nuisance properties” and provide for the licensing of landlords, as well as city inspection of their properties.

Those opposed to the CNO said it puts an unfair burden on landlords to police their tenants. The CNO would label a property a chronic nuisance if three or more specific “nuiscance” activities were investigated by law enforcement within a 12-month period. The CNO defines a nuisance as any number of activities from disorderly conduct and gambling to prostitution and assault.

“We’ll be bringing attention to ourselves by reporting incidents,” said DeKalb Landlord Bill McNew. “Landlords won’t report now. We want to have a nice place, too, but this isn’t the way to go about it.”

In the case of the RPLIO, the opposition arose mainly from concerns that Fourth Amendment protections against unreasonable searches and seizures were not being observed.

“I agree we have problems,” McNew said. “Taking away our rights is not the way to deal with them.”

DeKalb City Manager Mark Biernacki said such provisions were in place all across Illinois and the United States, and the case law behind these provisions have already passed constitutional tests.

DeKalb City Attorney Norma Guess said the proposed provisions were structured specifically to take such concerns into account, saying they provide official notice of violations, opportunity for a hearing and the right to appeal decisions. These elements of due process were already laid out in legal precedent for similar provisions, Guess said.

“A number of Fourth Amendment questions were raised,” Guess said, “These were researched before they were proposed. Both state and federal case law says these are valid tools for enforcement.”

A number of commentators suggested the city’s motive was generating revenue, rather than ensuring safety and code compliance.

Kris Povlsen, DeKalb Second Ward Alderman, said the City Council asked Biernacki to draft the proposals in response to a city survey indicating 73 percent of DeKalb residents want the city to license and inspect rental properties. Several commentators called into question the validity of the survey.

Jim Mason, owner of Mason Properties, said he is commissioning his own survey to address the topic.

“If you believe that 73 percent of residents want the government to license and inspect rental properties, I’ve got a bridge to sell you,” Mason said.

DeKalb City Consultant Jim Kayes said the proposals were intentionally broad to address not only crimes, but also quality of life issues. Kayes said the proposals stemmed from gang problems, shootings and underage drinking concerns.

“The purpose of these proposals is to force landlords to do what they should be doing,” Kayes said.

Source: May 8 Agenda of City of DeKalb/DeKalb Landlord Meeting