The Santa Barbara Association of REALTORS® (SBAOR) has filed a lawsuit against the city of Santa Barbara claiming its Occupancy Inspection program is unconstitutional on the grounds that it violates a person’s right to search only with a warrant (Click for Details.)
Our local association, the Pasadena Foothills Association of Realtors (PFAR) has repeatedly argued that such inspections are burdensome to property owners and disruptive to the real estate transaction. We negotiated with city leaders to terminate the program—without success to date. Earlier this year, PFAR reached out to the Pacific Legal Foundation (PLF) to explore legal options for rescinding the program. PLF is operated via donor support and does not charge its clients litigation costs.
In August, Meriem Hubbard of PLF, who is also representing SBAOR in their lawsuit, sent a letter to the Pasadena City Manager, City Attorney and Director of Planning challenging the city’s Occupancy Inspection program on the grounds that “administrative inspections, along with the threat of fees or penalties imposed by the City, impose unconstitutional conditions on property owners by compelling them to consent to an administrative search in violation of the Fourth Amendment to the United States Constitution.”
The City was given until the first part of October to rescind the law or face litigation.
The City Manager had informed us that our long-time request to rescind this program will be heard before the City Council in November. We do not have a hearing date yet, but you will be sure to hear when we do. It is preferable to resolve this issue with City Council action as opposed to legal action. However, should a Council hearing again be continued, or the program not completely dissolved, PLF stands ready to file a similar lawsuit on PFAR’s behalf.
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Thanks for reading about our efforts to rescind this onerous inspection! On another matter, how would you like a way to get 12% or more over asking price for your home? We recently sold a private view home for that amount over the list price because of the Plumbid bidding process. And buyers were solid — fully qualified and informed about the property before they could bid. Check here, or call or text the DeFazio’s for more information at 626-825-9955.
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