SLOVoice for Measure to Repeal Rental Housing Inspection Ordinance

A Community Voice to Local Government


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My name is Dan Carpenter, Vice Mayor in the City of San Luis Obispo. I'm serving the final few months of my second term in office. During my tenure I've witnessed my colleagues support of onerous regulations that continue to erode personal rights. In 2015, this City Council on a 3-2 vote adopted the City's Rental Housing Inspection Ordinance. One year later the same three council members reaffirmed their commitment to impose this invasive and discriminatory ordinance on renters in our community.

I've opposed it both times recognizing the violation of Fourth Amendment rights by authorizing intrusive interior administrative inspections without cause. The inside of everyone's home is the last sanctuary of privacy left and we must protect it at all costs. This ordinance discriminates against renters, a selected class of people identified through their current housing status. Additionally, the cost of registration and inspections are typically passed on to tenants increasing the un-affordability of housing in our community. This ordinance must be repealed and I encourage you to join our effort.

I don't personally own any residential rentals and therefore have no financial benefit in the repeal of this ordinance.

Signed,

Dan Carpenter



Status of Petition:

A public petition will not be available until mid-September. Presently, we are going through the legal steps. At this point, we have filed a “Notice of Intent to Circulate Petition” (click the link to see the filings). The City Attorney is now required to give us “Title and Summary”. After that, petitions can be printed.


Please contact us if you want to receive information or support:

Email: info@slovoice.org

Telephone: (805) 242-2619


Contributions:

Mail contributions to: SLOVoice, PO Box 14107, San Luis Obispo CA 93406-4107. Contributions are needed to pay for petition printing and mailing and various related expenses. Please include your name, street address, occupation and employer, as these are legal requirements for political contributions.

NOTICE OF INTENT TO CIRCULATE PETITION


NOTICE IS HEREBY GIVEN by the persons whose names appear hereon of their intention to circulate the petition within the City of San Luis Obispo for the purpose of repeal of Chapter 15.10, “RENTAL HOUSING INSPECTION”, of Title 15 of the San Luis Obispo Municipal Code and adopting a Non-Discrimination in Housing Ordinance.


A statement of the reasons of the proposed action as contemplated in the petition is as follows:


San Luis Obispo’s Rental Housing Inspection Ordinance mandates forced inspections of private homes and invades the privacy of City residents. The Ordinance unleashes City Officials to intrude into, and photograph, the most private spaces of citizens’ homes—bedrooms, bathrooms, and closets. Embarrassing photographs can, and already have, become public.


San Luis Obispo’s Rental Housing Inspection Ordinance is unlawful in that it requires mandatory inspections inside homes in San Luis Obispo that violate the privacy of City residents under the First, Fourth and Fifth Amendments of the U.S. Constitution.


San Luis Obispo’s Rental Housing Inspection Ordinance is so vague that City Officials are authorized to silently discriminate in determining whose home to target based on age, income, political activity, or status as a renter or owner.


San Luis Obispo’s Rental Housing Inspection Ordinance should be abolished and replaced with a Non-Discriminatory Housing Ordinance to protect residents’ privacy.


s/Daniel L. Carpenter, (805) 704-8567, dlcslo@aol.com

s/Daniel J. Knight, (805) 235-8775, danieljackknight@gmail.com

s/Stewart D. Jenkins, (805) 541-5763, info@stewjenkins.com


 

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS ABOLISHING CHAPTER 15.10 OF THE SAN LUIS OBISPO MUNICIPAL CODE AND ADOPTING A NON-DISCRIMINATION IN HOUSING ORDINANCE.


WHEREAS, the People of San Luis Obispo seek to protect the privacy of all residents from discriminatory inspections invading residents’ privacy that violate the First, Fourth and Fifth Amendments of the U.S. Constitution; and

WHEREAS, Chapter 15.10 requires mandatory intrusive inspections inside homes in San Luis Obispo violating the privacy of City residents under the First, Fourth and Fifth Amendments; and

WHEREAS, Chapter 15.10 is so vague that City Officials are authorized to silently discriminate in determining whose home to target based on age, income, political activity, or status as a renter or an owner; and

WHEREAS, Chapter 15.10 must be abolished and replaced with a Non-Discrimination in Housing Ordinance to protect residents’ privacy in San Luis Obispo;

NOW, THEREFORE,
THE PEOPLE OF THE CITY OF SAN LUIS OBISPO DO ORDAIN AS FOLLOWS:

SECTION 1. This ordinance shall be known as the “Non-Discrimination in Housing Ordinance.”

SECTION 2. Chapter 15.10, “Rental Housing Inspection”, of the San Luis Obispo Municipal Code is hereby repealed and new Chapter 15.10 is adopted to read as follows:

CHAPTER 15.10. NON-DISCRIMINATION IN HOUSING

SECTION 15.10.010 The City of San Luis Obispo shall not discriminate against any person based upon age, income, disability, gender, race, ethnicity, sexual identity, or inability or ability to own a home, by imposing any compulsory program, policy, intrusion or inspection applicable to any residential dwelling unit. No determination to conduct an inspection of any dwelling shall be based substantially on any occupant’s age, income, disability, gender, race, ethnicity, sexual identity or status as an owner or renter of such dwelling.

SECTION 3. The people of City of San Luis Obispo hereby request this ordinance be submitted immediately to a vote of the people at a special election, pursuant to Elections Code § 9214.