HomeMy WebLinkAbout02-16-2017 - JacksonCOUNCIL MEETING: Nt RECEIVED
ITEM NO.: 12 Ff�lr' FEB 16 2Oj7
ERK
From: Pam Jackson[
Sent: Wednesday, February 15, 2017 8:32 PM
To: E-mail Council Website <emailcouncil@slocity.or >
Subject: Letter in Opposition to Rental Inspection Program
Dear Staff: Please make this letter available to the Council prior to tonight's meeting. Thank you.
Pam Jackson
February 14, 2017
Honorable Mayor Heidi Harmon
Vice Mayor Dan Rivoire
Council Member Carlyn Christianson
Council Member Aaron Gomez
Council Member Andy Pease
Although I no longer live within the city limits, I am no stranger to San Luis. I grew up
here, graduated from Mission High and attended Cal Poly.
My parents were keenly involved in the "Obispo Beautiful" project spearheaded by
former Mayor Ken Schwartz which resulted in the restoration of the downtown area, the
preservation and expansion of San Luis Obispo Creek, and the establishment of the
Mission Plaza, all of which now grace the city. My family and I were involved in the
design, funding and construction of the Bear Sculpture which serves in part as a
memorial to my parents, Dr. Stan and Bea von Stein, and largely as a welcoming and
meaningful emblem for the city.
My husband and I lived and worked here early in our careers and our son graduated from
Cal Poly and now lives and works in the city. My brother and sister live nearby as do
most of my nephews and nieces who live and work in the city or nearby.
Because our extended family has settled in San Luis and because of our history and
appreciation of the locale, my husband and I purchased a home here several years ago
and will be living in it when we retire in the near future.
Currently we have renters helping us with the mortgage payment and have become
subject to the scrutiny now imposed by the city code enforcement division under the
Rental Housing Inspection Program.
As I see it, there are several flaws in this program which would not serve the city well.
First, the program arguably infringes on the rights protected under the Constitution's
Fourth Amendment. It would be an uninvited and unwelcomed search and, ultimately,
possibly even a seizure of private property based on a warrant with no evidence other
than a non-resident owner. Perhaps it could be christened "non-resident profiling." A
prolonged court battle could prove to be a significant expense for the city, something that
hopefully can be avoided in view of ongoing demands for legitimate crucial services.
Second, even if the ordinance were upheld in court actions, the program is not even-
handed and does not provide equal protection under the law. It does not target rentals
which are occupied by the owner. It does not target the vast majority of rental spaces in
apartment buildings and residence complexes owned by the Goliaths of the rental
industry—the REITS and the corporations operating them. The program is hardly a
universal "Rental Housing Inspection Program," it is a minority inspection program.
What is also objectionable and untenable is the city's requirement that the owners assume
total liability during and after the inspections. They must indemnify, hold harmless and
even defend the city from any suits arising from miscommunications among the owner,
the agent, the tenants and the city inspector regarding permission to enter the unit or the
conduct of any inspection pursuant to this representation. This requirement lends itself to
the interpretation that the owner is liable for any unbecoming, inappropriate or even
illegal behavior on the part of the inspector while the activity is being conducted.
Furthermore, if the program's basic purpose is to protect the citizenry, it entirely neglects
the families living in owner -occupied homes, depriving them of "equal protection."
Finally, psychologically, it casts the city under the shadow of "abuse of power." The
arbitrary inspections invade the privacy and disrupt the lives of some select unlucky
renters and leave others alone in peace. Every year from now on, the city enforcement
division will issue annual fees and special levies, as well as threats of legal action and
fines on some homeowners whom the inspectors consider to be "outsiders."
My family and I strongly urge you to abolish Chapter 15.10 of the San Luis Municipal
Code and adopt a Non -Discrimination in Housing Ordinance.
Feel free to respond to me at
Sincerely,
Pamela Jackson