Wednesday, March 25, 2009

Just when you thought there was a glimmer of common sense in Athens.....

They just make all landlords subject to a dumb law instead of a limited amount.

Grim upholds landlord/tenant law

"Athens County Municipal Judge William Grim has upheld an Athens law dealing with landlord/tenant education forms.

The law, which was passed in 2005, requires every landlord with rentals in the city to provide educational information to each of his or her tenants, and file a form with the Code Enforcement Office listing the tenants and certifying that those tenants have received the information. The forms provide tenants with information regarding issues such as trash pickup, parking, animal control and noise regulations.

Judge Grim had previously suggested that he might dismiss misdemeanor charges against three local landlords – James Coady, David Sturbois and Penelope Plesset – who were cited for not handing in educational forms filled out by their tenants. The three had filed a motion to dismiss the charges, alleging that the city’s law violated the Constitution. Grim denied the motion Monday, and trial is now set for March 31.

Grim ruled Feb. 20 that the city of Athens’ landlord-tenant form ordinance is constitutional as written, though the city’s mode of enforcing it was not, and the law must be applied evenly to all landlords in the city. Prior to this ruling, the Code Enforcement Office only applied the law to properties with 10 or fewer occupants. The court had given the city until Monday to demonstrate that it was applying the law to all properties in the city regardless of the number of occupants.

Athens Law Director Patrick Lang’s office said Grim determined Monday that the city had taken substantial steps toward enforcing the regulations against all properties in the city, and the law was therefore constitutional both as written and as applied.

“All three branches of local government have now had their say,” Lang said. “The law was passed by City Council, signed by the mayor and upheld by the Municipal Court.”

Lang said the city has a duty to enforce the law, and that’s what they will continue to do. Lang’s office said the law requires that landlords have a current form on file with the Code Enforcement Office. Failure, to file a current form is a minor misdemeanor, he said, punishable by a fine of up to $150 for each violation. Failure to file a form for multiple properties constitutes multiple violations, Lang said."

This is a dumb statist type of law who's intent could have been accomplished in a less totalitarian manner....one that Lang could choose to ignore, like his predecessor.

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