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Administrative Law Keyed to Schwartz
Platteville Area Apartment Assn., et al., v. City of Platteville
Citation:
179 F.3d 574 (1999)Facts
The City of Platteville, a college town in Wisconsin, became concerned about deterioration of its rental housing stock due to landlords’ neglect of health and safety regulations. In 1997, the city enacted two ordinances amending its housing code. The first adopted a standard housing maintenance code, and the second created procedures for periodic inspection and licensure of rental properties. The ordinances classified rental properties into three categories based on compliance with housing standards, with different inspection schedules for each class. When landlords or tenants refused inspections, the city’s building inspector would obtain a “special inspection warrant” from a Wisconsin court. Although these warrants only authorized searches for violations of specific sections of the housing code (23.13(b) and 23.16), the inspector routinely searched for violations of a multiple occupancy provision in a different chapter (Chapter 22), which limited the number of unrelated persons who could live in a single-family dwelling to four. These searches sometimes involved looking in closets and bureau drawers for evidence of multiple occupancy violations.
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