Registration of landlords in single-family zoned areas moved a step closer to reality Tuesday night.
Lawrence city commissioners examined the proposed registration ordinance and agreed to place it on future agendas for final approval in early April, despite the continued opposition of landlords.
Approval would follow enactment last month of an ordinance prohibiting more than three unrelated people from living together in single-family residences.
Mark Lehmann, a landlord and defeated city commission candidate, said the proposed ordinance's requirements for inspection of rental properties violate constitutional rights to privacy of the tenants who live there.
And he suggested approval of the ordinance would be treasonous.
"Being a veteran, you're sworn to defend the country against all enemies, foreign and domestic," he said. "Until this happened, it didn't click for me what the 'domestic' part of that meant."
Holly Krebs, a Kansas University student senator, told commissioners her organization supports landlord registration but not necessarily in the proposed form. Students want landlord registration to include multifamily-zoned areas, she said.
She noted the ordinance allows the city to punish landlords for tenant violations of noise and other nuisance ordinances.
"It appears to be merely a method for enforcing the recently enacted ordinance, not for ensuring the livability of those residences," she said. "The purpose of this ordinance appears not to protect tenants' rights ... but to protect the neighbors' rights."
Commissioner David Dunfield pointed out the ordinance would also hold landlords accountable for violations of housing codes, which protect tenants.
Assistant City Manager Dave Corliss tried to put constitutional fears to rest. Inspectors only will enter residences if they have consent; if not, they would need a warrant to enter and a warrant would only be granted if inspectors had reasonable suspicion of violations.
"We're not going to go in unless we have clear legal authority to do so," Corliss said. "That will obviously have an impact on the efficacy of the ordinance, but we have other values as well ... (and) we want to respect those constitutional values."
Corliss said introductory language to the ordinance can be modified to reflect a desire to protect tenants as well as neighbors. Commissioners asked him to do so.
City officials say they would begin enforcement in February 2002, to allow for hiring of additional inspectors although alternatives may exist. Corliss said other cities have certified private inspectors to handle the work.
"It wouldn't require any city presence on private property," Corliss said. "But it would give the city some assurance the property meets codes."
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