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Lawsuit challenging Boardman landlord program could end up before Ohio Supreme Court
BOARDMAN
A legal challenge to the township’s proposed regulations for landlords could end up before the Ohio Supreme Court.
Atty. Joshua R. Hiznay plans to file the necessary paperwork to appeal his client’s case to the state’s highest judicial body after the 7th District Court of Appeals upheld an earlier ruling in Mahoning County Common Pleas Court that sided with the township. Hiznay, representing his brother, William Hiznay, has 45 days from the March 29 ruling to appeal to the state Supreme Court, he said. William Hiznay owns a two-family residential rental unit in the township.
The decision to pursue another appeal is “just exhausting all of the avenues that are available to my client,” Hiznay said.
The township initiative in question is a landlord registration program that would require landlords who own property in the township to register with the zoning office and pay a fee. It also would establish exterior and interior standards for rental units to which both landlords and tenants must adhere.
In arguments before the 7th District Court of Appeals’ panel of judges – Gene Donofrio, Cheryl L. Waite and Mary DeGenaro – in January, Hiznay argued that the township’s proposed fee amounts to a tax and that the township would be exceeding its authority by enforcing interior building standards.
The appellate court, however, disagreed.
“Plaintiff-Appellant, William Hiznay, appeals the trial court’s judgement upholding Boardman Township’s rental-property registration program as imposing a lawful fee rather than imposing a tax. As the township’s resolution was proper, the judgement of the trial court is affirmed,” Judge DeGenaro wrote in a judgement entry.
The appellate court’s judgement entry notes that the township plans to review the fees three years into the program and that collected fees will be set aside in a restricted fund to be used only on costs associated with the program.
The issue dates back to November 2014, when the township adopted a resolution establishing the program. Hiznay sued shortly thereafter, and lost the case in Mahoning County Common Pleas Court in 2015.
It will be up to the state Supreme Court to decide whether it will accept the case.
If it does not accept the case, the township likely will begin enforcing the program at the start of 2018, Zoning Inspector Krista Beniston said.
“We’re excited about being able to hopefully start that soon, because it would be another good tool,” she said.