City of Lakewood v. Novak

746 N.E.2d 719, 111 Ohio Misc. 2d 1, 2000 Ohio Misc. LEXIS 59, 111 Ohio Misc. 1
CourtLakewood Municipal Court
DecidedDecember 29, 2000
DocketNo. 00B1638
StatusPublished
Cited by1 cases

This text of 746 N.E.2d 719 (City of Lakewood v. Novak) is published on Counsel Stack Legal Research, covering Lakewood Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Lakewood v. Novak, 746 N.E.2d 719, 111 Ohio Misc. 2d 1, 2000 Ohio Misc. LEXIS 59, 111 Ohio Misc. 1 (Ohio Super. Ct. 2000).

Opinion

Patrick Carroll, Judge.

The defendant, William Novak, appeared before the court on the charge of failing to comply with the building and housing codes of the city of Lakewood. The complaint charged that the defendant had been previously convicted of the same offense, which, therefore, makes this charge a first degree misdemeanor, carrying a possible fine of $1,000 and a jail sentence up to one hundred eighty days.

The defendant is a landlord who owns two side-by-side rental properties. Each rental property has four units. Both rental properties are the subject of the complaint in the present case. The code violations include exterior painting, broken windows and screens, broken exterior doors, and maintenance of lawn and landscaping. According to the prosecutor’s report, the paint on the buildings is peeling, and the lawn and bushes created a blighted and deteriorating effect in the neighborhood. The walls of the building also needed repairs.

The record reflects that upon receipt of a citizen’s complaint, the city’s building department sent a letter to the defendant on July 13, 2000 setting forth the violations. Reinspections of the property on August 1, 2000 and August 21, 2000, showed no progress to remedy the violations. Consequently, the prosecutor issued a letter on August 25, 2000, requesting a meeting with the defendant. Although a meeting was held on September 11, 2000, the record reflects minimal attempts at compliance. Consequently, the prosecutor filed the complaint on October 27, 2000.

The -defendant appeared in court and entered a plea of no contest to the charge. Prior to accepting the plea, the defendant was informed of his rights in accordance with Crim.R. 11. The defendant acknowledged these .rights and waived them in open court, including the right to counsel and the right to trial by jury. After a recitation of facts by the prosecutor in support of the complaint, the defendant was found guilty of the charge.

The issue before the court concerns the appropriate sentence. As a first degree misdemeanor, the court imposes a fine of $1,000 and a jail sentence of one hundred eighty days, $750 of the fine and the jail sentence are suspended, and the defendant is placed on two years’ probation. As a condition of probation, the defendant must comply with all state and local building, housing, air pollution, sanitation, health, fire, zoning, and safety codes (hereinafter, collectively referred to as the “housing code”). In addition, the defendant must deposit all rents from the rental property involved in this case with the clerk of courts, pending correction of all outstanding housing code violations. While recognizing that rent deposit with the court is an extraordinary condition of probation, it is supported both legally and factually in this case.

[4]*4R.C. 2929.51 authorizes the trial court in the exercise of its sound discretion to suspend execution of a sentence and place an offender on probation. A court is vested with broad discretion to creatively sentence offenders in the interest of justice by imposing additional conditions of probation. State v. Williams (1992), 82 Ohio App.3d 70, 72, 611 N.E.2d 443, 445. R.C. 2951.02(C)(1), which sets out the statutory basis for probation in misdemeanor cases, provides that “[i]n the interest of doing justice, rehabilitating the offender, and ensuring the offender’s good behavior, the court may impose additional requirements on the offender.” Construing this language, the Supreme Court in State v. Jones (1990), 49 Ohio St.3d 51, 53, 550 N.E.2d 469, 470, stated that the court should consider “whether the condition (1) is reasonably related to rehabilitating the offender, (2) has some relationship to the crime of which the offender was convicted, and (3) relates to conduct which is criminal or reasonably relates to future criminality and serves the statutory ends of probation.”

The conditions of probation in the present case satisfy all three of these requirements. One of the primary goals in cases involving housing code violations is correction of these violations to bring the property into compliance with the housing codes. Housing code compliance is even more critical in a landlord/tenant situation, for the landlord, as the owner of the property, is responsible for maintaining the rental premises, but does not have to live with the violations. In the present case, the defendant landlord does not live at the rental property. The defendant has continued to collect rent by long distance while letting the property fall into disrepair.

A landlord has a responsibility to both his tenants and the community to properly maintain rental property. Failure to comply with the housing code may be both a criminal offense and a breach of warranty of habitability to a tenant. The government has a legitimate interest in code enforcement to preserve the housing stock and protect the community from unsafe or hazardous conditions that may occur when property is not maintained. This interest is more critical with rental property that has numerous residents, common areas, and greater access by the general public. The conditions of probation herein are imposed in order to obtain compliance and deter similar conduct to prevent future code violations.

The statutory procedure for withholding rent is set out in R.C. 5321.07 to 5321.10. Although these statutes provide a civil remedy for a tenant when a landlord does not comply with his statutory obligations, the statutes also set out specific procedures, with adequate notice and other safeguards, to apply to a condition of probation in a criminal case.

[5]*5The procedure for withholding of rent was created as part of the Landlords and Tenants Act of 1974. This comprehensive legislation changed previous common-law relationships between landlords and tenants. Shroades v. Rental Homes, Inc., (1981), 68 Ohio St.2d 20, 21-22, 22 O.O.3d 152, 153, 427 N.E.2d 774, 776. The Landlords and Tenants Act not only imposed duties on landlords that were absent at common law, but also .provided tenants with leverage to redress breaches of those duties by allowing a tenant to deposit rent with the court and apply to the court for an order directing the landlord to remedy the conditions. Miller v. Ritchie, (1989), 45 Ohio St.3d 222, 224, 543 N.E.2d 1265, 1268. See, also, Laster v. Bowman (1977), 52 Ohio App.2d 379, 6 O.O.3d 428, 370 N.E.2d 767. The purpose of rent deposit is to coerce a landlord to correct the code violations. The remedial intent of the statute is clear by its language, which authorizes the court to (1) order the landlord to remedy the condition, R.C. 5321.07(B)(2); (2) release the rent to the landlord to make repairs, R.C. 5321.10(A); or (3) release the rent to the tenant to remedy the condition, R.C. 5321.07(B)(2).

Deposit of rent with the court is authorized under R.C. 5321.07(A) when a landlord fails to fulfill any obligation imposed upon him by R.C. 5321.04. The statutory obligations in R.C. 5321.04 require a landlord to:

“(1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety;

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
746 N.E.2d 719, 111 Ohio Misc. 2d 1, 2000 Ohio Misc. LEXIS 59, 111 Ohio Misc. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-lakewood-v-novak-ohmunictlakewoo-2000.