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Boardman resolution governing landlords faces trial
BOARDMAN
A case to determine whether Boardman Township can keep its new home-rule resolution, which requires landlords to register with the township and maintain certain standards in their units, will go to trial.
The township submitted an agreement to visiting Judge Linton Lewis via telephone conference with the judge and the plaintiff Wednesday. The township agrees not to enforce the resolution pending the outcome of the litigation. The trial date is set for May 13.
The telephone conference and submitted agreement took the place of a preliminary injunction hearing in Mahoning County Common Pleas Court.
The case centers around whether the township has the authority to establish a landlord registration program. The resolution, which trustees approved in November, requires landlords to register with the township and provide contact information, pay an annual fee, maintain certain standards in their rental units and subject their units to periodic inspections by the zoning department if there are complaints.
The township argues that its home-rule status, which gives it broader powers than other townships have, enables it to enact the resolution.
William Hiznay of Poland, who owns property at 200 Meadowbrook Ave. in Boardman, filed a civil lawsuit against the township Nov. 12 arguing that the resolution is illegal and unenforceable.
“We’re asking that the ordinance be found to be improper, and essentially be rescinded,” attorney Joshua Hiznay, who filed the suit, said previously. “I just don’t believe that the [Ohio] Revised Code permits a township to start something like this.”
Hiznay asked for a preliminary and permanent injunction to prevent the township from enforcing the resolution and for a declaratory judgment against the resolution.
“As a limited home-rule township, Defendant Township does not have the statutory authority to establish standards; as a limited home-rule township, Defendant Township does not have the statutory authority to impose civil fines for failure to comply with a rental-unit registration program as limited home-rule townships are not authorized to establish registration programs,” attorney Hiznay said in the initial filing.
Township trustees and Zoning Inspector Sarah Gartland say the program will help bring the 4,000-plus rental units in the township up to basic living standards.
The resolution requires landlords to ensure that units have working toilets, running water, structurally sound ceilings and walls and working heating and electrical systems, among other things.
The annual fee for landlords is $40 per unit. The cost for landlords who own more than six units is $150, plus $15 per unit.