(The Center Square) – A district court struck down an Orange City, Iowa ordinance that allowed city officials to inspect rental homes without the tenant’s consent.
The ordinance allowed city officials to obtain an “administrative warrant” without showing probable cause if they wanted to search a tenant’s home, according to a news release from the Institute of Justice, which represented plaintiffs in the case.
“The administrative warrants in Orange City’s now-stricken mandatory rental inspection program did not meet these basic constitutional requirements, and nothing would stop inspectors from sharing tenant information with law enforcement,” said Bob Peccola, an Institute of Justice Attorney.
The Institute for Justice and Orange County landlords and tenants filed a lawsuit challenging the ordinance two years ago.
“I’m incredibly happy that the city can no longer just come into my home without my permission and with any suspicion that I’ve done to search around,” said Erika Nordyke, one of the plaintiffs in the lawsuit, and her husband, Bryan Singer. “I’m a private person and I don’t want strangers snooping around in my business.”
The ruling issued Thursday said Orange City must notify tenants if a warrant application is filed.
“Today’s decision striking down Orange City’s inspection ordinance is a major win for the basic privacy rights of all renters in Orange City,” said IJ Attorney John Wrench. “You don’t lose your constitutional rights because you rent your home, instead of owning your home.”
