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Archive for Saturday, January 19, 2002

Senator asks attorney general to check legality of regulation

January 19, 2002

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A state senator from Kansas City, Kan., has asked Atty. Gen. Carla Stovall to review the legality of a new Lawrence ordinance governing rental properties.

Sen. Chris Steineger, a Wyandotte County Democrat, said he made the request at the urging of his own constituents, some Lawrence property owners and a statewide landlords' association. He said his interest in affairs outside his district isn't unusual.

"No, not at all," he said Friday. "What we're reviewing, really, is the state law, to see if Lawrence is getting around the state law."

Lawrence officials weren't so sure.

"That's great," Assistant City Manager Dave Corliss said. "We hope he comes over, spends a lot of time in Lawrence."

Stovall's office hasn't decided whether to grant Steineger's request.

"Right now we're reviewing it," said Mark Ohlemeier, a spokesman for Stovall. "We haven't made a decision whether to issue an opinion on it."

Early last year, the Lawrence City Commission passed an ordinance that says no more than three unrelated people can live together in a home in an area zoned for single-family residences. It also required rental properties in single-family zoning areas be licensed starting Feb. 1.

In a Dec. 5 letter to Stovall, Steineger said he was concerned that the new city codes define "family" too narrowly, and that city powers to search rental homes and force landlords to name their tenants are too broad.

"I'm a strong believer in protecting individual privacy," Steineger said Friday.

Robert Ebey, a Lawrence landlord and the legislative liaison for the Associated Landlords of Kansas, said he didn't share all of Steineger's concerns but he's no fan of the new licensing requirements, either.

"It's another government intrusion," Ebey said. "They're making it so difficult on us anymore."

Corliss said new amendments to the rental ordinances, including a section limiting the city's ability to get landlords to name their tenants, were designed in part to answer Steineger's concerns.

Otherwise, Corliss said, the ordinances are fine.

"We want to follow the law, we think we have and we don't expect to hear from the Attorney General's Office otherwise," Corliss said.

Even if that should prove true, the battle appears far from finished. The attorney general's review has no force of law. And Ebey said Lawrence landlords are banding together to raise money for a legal challenge to the ordinances. Such an effort would require a startup fund of as much as $15,000, he said.

"There is going to be some opposition to this," Ebey said.

The city commission is expected to give final approval to the rental ordinance amendments at 6:35 p.m. Tuesday, at City Hall, Sixth and Massachusetts streets.

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