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Civil suit delays implementation of Boardman's landlord registration program
BOARDMAN
The township has put on hold the implementation of a new landlord registration program that was set to begin in January because of a civil lawsuit filed Wednesday in Mahoning County Common Pleas Court.
“I hope it doesn’t delay it for long, but the prudent thing to do is stop it until the injunction is resolved,” said Trustee Tom Costello. “We have put everything on hold until we resolve this issue.”
William Hiznay of Poland, who owns property at 200 Meadowbrook Ave., has asked for a preliminary and permanent injunction to prevent the township from enforcing the resolution and for a declaratory judgment against the resolution, which he argues is illegal.
“We’re asking that the ordinance be found to be improper, and essentially be rescinded,” said Atty. Joshua Hiznay, who filed the suit. “I just don’t believe that the [Ohio] Revised Code permits a township to start something like this.”
The township’s resolution, which trustees unanimously voted to approve Nov. 10, sets new requirements for landlords.
It requires landlords to register with the township and provide contact information, maintain certain standards within their rental units, and pay an annual fee. It also stipulates that rental units will be subject to periodic inspections by the zoning department.
Township officials say one of the primary goals of the program is to get the 4,000-plus rental units in Boardman to meet basic living standards.
One of the main issues is getting in touch with landlords, many of whom do not live in the area, according to Zoning Inspector Sarah Gartland, who developed the program.
The lawsuit argues that the resolution is illegal and cannot be enforced because, as a limited home-rule township, the township does not have the statutory authority to adopt or enforce the resolution.
The annual fee for landlords is $40 per unit. The cost for property owners who own more than six units is $150, plus $15 per unit. Fee money will be used to pay for the costs of the program, according to Gartland.
The resolution requires rental units to have structurally sound floors, ceilings and walls, working toilets, running water, and working heating and electrical systems, among other things.
The lawsuit says the township does not have the statutory authority to establish those requirements, or to impose civil fees for failure to comply with them. It also argues that limited home-rule townships cannot establish registration programs.