A new ordinance in Westmont requiring inspection of rental apartments is being criticized by some landlords and tenants as invasive, and renters are being urged to refuse the inspections.
The Multi-Family Housing program, widely known as the landlord ordinance, also requires all landlords to register and obtain licenses for each of their buildings and report personal information and criminal background checks on tenants, janitors and other maintenance personnel.
The ordinance, which took effect Jan. 1, allows local officials to conduct annual inspections of apartments to ensure health and safety standards are being met. Fred Kimble, Westmont’s director of economic development, said the dramatic increase in suburban multi-family and rental dwellings spurred the requirements.
According to the 2000 U.S. Census, Westmont has a total of 4,524 rental units, making up approximately 48 percent of the total housing stock.
Westmont police reported more calls at multi-family rental units than owner-occupied properties.
While most landlords maintain their properties, Kimble said, officials have encountered problems with absentee landlords who often neglect their buildings and tenants. Similar ordinances exist in Palatine and Woodridge and are being considered in other areas.
“For many years we’ve been grappling with problems where certain absentee landlords refused to do minimal health and safety maintenance on their buildings,” Kimble said. “How do you force the landlord to do the required maintenance to protect the health and safety of their tenants when they don’t care about them?”
As the nation’s economic recession continues, rising unemployment has led to more overcrowded housing with two or more families sharing a rented house or apartment. Kimble said ensuring that renters are living in proper conditions is another goal of the ordinance.
“We don’t want to do this to invade somebody’s house. We want to ensure that we meet minimal health and safety standards with our housing stock. We think that’s a desirable goal,” Kimble said.
Several landlords who support the ordinance have registered their properties and applied for their landlord license. So far, 314 landlords and approximately 2,653 dwelling units have registered, according to local officials.
Vincent Scarpelli, who manages seven buildings with about 50 rental units, praised the law and said it would ensure residential property values remain high.
“It’s definitely a good thing. You come to appreciate that there is someone looking out for the tenants and making sure they’re safe,” Scarpelli said.
But other landlords are speaking out against the inspections, saying they constitute a violation of tenants’ privacy and disregard for the lease. Another complaint is that the mandatory $30 licensing fee for each rental unit is too high.
Bill Baum, who owns two buildings in Westmont, has been among the most outspoken critics. He recently formed the Westmont Landlord Association to better communicate landlord concerns to Westmont officials and possibly change the ordinance.
“The lease is an agreement between the landlord and the tenant, and the municipality is forcing itself between the two parties,” Baum said.
“We, as landlords, tell tenants ‘that apartment is yours for the duration of the lease.’ That’s their home. The municipality is not treating it like that. They’re treating it as an inspectable property without regard for people,” he said.
Letters have been mailed to Westmont renters with a scheduled inspection date and time. Kimble said written or verbal permission is required before each inspection and tenants have a right to refuse. But if the tenant repeatedly refuses, local officials can seek an administrative search warrant through the court system.
Even so, tenant Robert Babcock said no.
“It’s an invasion of privacy,” he said. “I’m an adult and if I see something that is a safety hazard, I’m perfectly capable of asking my landlord to fix it.”
Cristobal Cavazos, of DuPage Immigrant Solidarity, charged that officials are using the ordinance as a way to find undocumented immigrants. He also criticized officials for failing to publicize the ordinance in different languages and said his group would soon be holding an informational forum where they would inform tenants of the right to refuse inspections.
While some critics argued that the measure is a violation of the fourth amendment, Village Trustee Ellen Emery said officials were careful to ensure the ordinance passed constitutional muster. She said regulation and inspection are necessary.
“These people are in business. They are making money off of renting their property,” Emery said. “Unfortunately, some landlords are less than scrupulous and they should be held accountable.”
