ACLU challenges Chesterfield rental inspections

The ACLU of Virginia has warned Chesterfield County leaders that a proposed rental-inspection program could infringe on the constitutional rights of owners and tenants.

In a letter to the Board of Supervisors and the county attorney, ACLU of Virginia Legal Director Rebecca K. Glenberg said the proposed ordinance violates the Fourth Amendment's prohibition against unreasonable searches.

"If the ordinance is passed in its present form, the ACLU of Virginia will not hesitate to challenge it on behalf of aggrieved individuals," Glenberg said in the letter.

The proposed rental-inspection program would allow interior and exterior inspections of rental homes and charge the owner $100.

If approved, the ordinance would establish more than 40 inspection districts throughout the county based on age, blight and deterioration. Rental units in those areas would be subject to entry by inspectors once a year to determine if it was being used as a rental property and up to code standards.

Building owners would have to agree to the inspection and arrange for it. But if they or the tenants refused, the owners could be punished with a fine of up to $2,500.

The ACLU says that the Supreme Court has held that the Fourth Amendment protects the right of tenants and owners to refuse warrantless inspections.

"If there is one thing every American understands, it's that government officials don't have the right to enter our homes unless they have a warrant or there's a true emergency," said ACLU of Virginia's executive director, Kent Willis.

William D. "Bill" Dupler, the county's director of building inspections, said, "We understand it would be within their rights to refuse access. Our intention then would be to leave and pursue other alternatives."

Dupler noted that the cities of Richmond, Hopewell, Petersburg and Colonial Heights already have rental-inspections programs on the books that are written the same way, in accordance with state law. "We're keenly aware of everyone's Fourth Amendment rights and do not plan on infringing on them," he said.

The ACLU recommends that the board either reject the ordinance or amend it to make clear that tenants and owners may refuse consent to an inspection, and that inspectors must obtain a warrant.

The matter will be before the board Oct. 28, when supervisors are expected to set a public hearing.

Contact Wesley P. Hester at (804) 649-6976 or .