Court says city can get warrants for rental inspections

A three-judge panel wrote it found no "genuine issue" against the city in the case.

The city has the right to seek administrative search warrants to inspect rental units against the wishes of tenants or property owners, a federal appeals court has ruled.

The 10th Circuit Court of Appeals has issued a ruling upholding a previous federal court decision that sided with the city in a lawsuit regarding the city’s rental inspection program.

A three-judge panel wrote it found no “genuine issue” against the city in the case. The city was sued by tenants Mary Anton Jones and Monte Turner – who had their rental units inspected against their will in 2002 – and Lawrence landlord Ronald Lawrenz.

At issue is the city’s rental registration program for single-family homes that are used as rental property. The city’s ordinance prohibits more than three unrelated adults from living in a single-family rental unit. It also requires that city officials inspect the homes once every three years for life, health and safety issues.

Jones, Turner and Lawrenz had argued that the inspections amounted to a violation of their Fourth Amendment rights to be free of unreasonable searches.