Post by bob quarteroni on Aug 10, 2013 10:19:19 GMT -5
From the TL: It seemed so obvious that this was a non-starter that to
even propose it was ludicrous. And one of the stories actually said a city attorney reviewed it and it was legal. Yeah, so was segregation.
Attorney for the group says proposed changes raise ‘serious due process problems.’
August 10. 2013 12:40AM
By Jerry Lynott - jlynott@civitasmedia.com - (570) 829-7237
WILKES-BARRE — An attorney for the American Civil Liberties Union said it’s considering sending a letter to city officials to address concerns about the city’s rental ordinance and a proposed amendment aimed at curbing violent crime.
The proposed changes are vague and raise “serious due process problems,” said Sara Rose, a staff attorney with the ACLU of Pennsylvania.
Mayor Tom Leighton announced at a press conference Thursday the city’s plans to set tough standards for rental property owners and renters eyed as the cause of a rise in violent crime. In the works is a “one-strike” policy related to gun and drug charges for landlords and tenants that will result in a six-month shutdown of an apartment or entire building. City council must approve the ordinance at two readings before it can be enacted.
“The narcotics trade erodes the safety of our community and inspires violence on our streets,” Leighton said.
He and city leaders crafted the ordinance after a man was fatally shot outside a rental property on South Grant Street on July 7. Another man was shot and killed 12 days later on South Welles Street, bringing the number of homicides in the city to seven so far this year.
Laws are already on the books regarding the crimes listed in the amendment, Rose said. “Using rental property regulations to deal with serious issues like homicides is not the right way to deal with it,” she said.
But of more concern to her was the authority the amendment gives the city to displace tenants and its lack of clarity. “The government can’t kick you out of your home,” Rose said.
Furthermore, she was unclear on the wording about the owner or occupant’s knowledge of illegal or criminal activity.
The amendment states: “Said knowledge may be imputed to the occupant or owner based on police knowledge and experience of such criminal activity(ies) on the premises or property.”
“I really don’t know what it means,” Rose said.
She wondered if a neighbor is smoking pot in their home, “does that mean Wilkes-Barre can close down my unit because I knew?”
Landlord Jim Straub of Kingston, who has rental units in the city, was taking a wait-and-see approach to the amendment.
He has a two-strike policy for getting rid of a problem tenant and takes precautions such as a credit check prior to renting to someone. “If they don’t treat their credit good, chances are they’re not going to treat my house good, ” Straub said.
He described himself as “a hands-on kind of guy” who frequently checks on his properties and promptly addresses problems.
“If I know about it, I’m going to deal with it,” Straub said.
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