Mary D. Smith v Borough of Glenolden
Did you know that building inspectors now have more authority to enter a rental residence then FBI or Police? Did you know that those in society who write rent cheques in lieu of mortgage cheques belong to a second group of citizens not fully protected by the Fourth Amendment of the Constitution? Did you know that the existence of an ordinance requiring annual inspection of a home that happens to be rented is the sum total of "probable cause" needed by a building inspector to gain entry using a "knock and enter" procedure with no advance warning? Did you know that a citizen who refuses to allow this inspection is criminally prosecuted and convicted? I was.
On October 30, 1995 the Federal Court of Appeal for the Third Circuit issued a decision on the case of Mary D. Smith v Borough of Glenolden that allowed for the above questions to become law. The court stated "we conclude that the search was reasonable under the Fourth Amendment and also that the Code's administrative standards further important public goals".
The "search" referred to is based on an ordinance that the Borough of Glenolden, Delaware County, Pennsylvania, implemented in October 1992. The ordinance requires the annual inspection of rental properties "to promote and protect the health, safety, morals and general welfare of the inhabitants of the Borough of Glenolden by abating over-crowded housing condition; securing adquate lighting, heating, ventilation, access and egress; preventing or correcting unhygienic, unsanitary, and unsafe condition which might constitute a menace to the residents of the Borough of Glenolden."
There appears to be an old bias against those who rent in this society to the point that a local government would consider them a "menace" and a court upholds this belief. This inspection is not just to watch the owners of the properties but also places the occupant of the home in a self-incriminating posture.
The current status of the case is: On February 26, 1996, Mr. Lee Stivale, Esq. filed a Writ of Certiorari before the U.S. Supreme Court, seeking review of the case. Mr. Stivale was prepared to argue that the previous Courts had ignored opinions on the subject that were previously rendered by the U.S. Supreme Court. Also, of primary concern besides the Civil Right issue was the fact that the opinion reached by the Federal Court of Appeals for the Third Circuit places those who rent in a second class citizenship in regard to the Fourth Amendment of the Constitution. Unfortunately, the Supreme Court denied the request for review, leaving the adverse opinion standing.
It is essential that all citizens realize the impact of this decision and the legal argument that continues. It is especially important to those who rent their homes to obtain this information. There are other communitites throughout Pennsylvania and several other states, where the same ordinance exists requiring annual inspection of the individuals' homes because the home is classified as a rental property. Examples are the current civil rights cases now in Federal Court for renters located in Park Forest, IL and Kalamazoo, MI. In the case of the Borough of Glenolden, the inspection is performed by the building inspector, Mr. James Bailey, formerly a painter.
I hope to inform the public of this information. I do not expect agreement with my position but only that the public is educated in the facts and realizes the impact this case has on their own situation. It would also be important for the citizens, who do not rent, to understand the actions taken on their behalf and the costs incurred by the renters both financially and as a limitation of Constitutional rights.
Mary D. Smith
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