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Illinois REALTORS® is supporting legislation that could align local property inspection ordinances with the United States Constitution and eliminate township level government bodies in two counties.
The REALTORS® issued a Call for Action to its members Tuesday, asking them to contact their state representatives and vote for House Bill 348 and House Bill 2206. Participate in the Call for Action now.
House Bill 348 would allow McHenry County voters to dissolve a township by referendum and allow McHenry and Lake county voters to dissolve a township road district by referendum if the roads of the district are less than 15 centerline miles in length. The sponsor of the bill is Rep. David McSweeney of Barrington Hills.
House Bill 2206 codifies what the U.S. Supreme Court has said is the fundamental right of owners and occupants of housing under the Fourth Amendment to the U.S. Constitution. A unit of local government may not conduct a physical inspection of residential property without the voluntary consent of the owner or occupant of the property, a lawful warrant or a court order. The legislation does not prohibit inspection ordinances or other local laws that include the right of the local government to inspect private property, but it sets out in state statute the constitutional requirement that any inspection ordinance must include a prerequisite of a lawful warrant, court order or the voluntary consent of the owner or occupant of the property. The bill specifically exempt inspections for fire, medical or police emergencies or inspections by the State Fire Marshal permitted under the Fire Investigation Act from this requirement.
Local inspection ordinances have increased in popularity in recent years and efforts to be sure that these local ordinances include the restrictions and protections mandated by the U.S. Constitution have had limited success. Local governments have tied inspection or registration ordinances (which include inspection provisions) to sale transactions, change of tenants, landlord or rental unit registrations, vacant property registration and more. The lure of increased revenue has clouded any more legitimate purpose local regulation might serve, like maintaining suitable housing stock or insuring code compliance. The sponsor of the bill is Rep. Sam Yingling of Lake County, who is a REALTOR®.
