Kenneth M. Crook v. City of Madison, Mississippi

168 So. 3d 930, 2015 Miss. LEXIS 352, 2015 WL 4458081
CourtMississippi Supreme Court
DecidedJuly 2, 2015
Docket2013-CT-00081-SCT
StatusPublished
Cited by7 cases

This text of 168 So. 3d 930 (Kenneth M. Crook v. City of Madison, Mississippi) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kenneth M. Crook v. City of Madison, Mississippi, 168 So. 3d 930, 2015 Miss. LEXIS 352, 2015 WL 4458081 (Mich. 2015).

Opinions

ON WRIT OF CERTIORARI

CHANDLER, Justice,

for the Court:

¶ 1. The City of Madison enacted an ordinance requiring landlords to obtain a license for each unit of rental property. The ordinance, known as the Rental Inspection and Property Licensing Act (RI-PLA) conditions the grant of a license on the landlord’s'advance consent to property inspections. Kenneth Michael Crook was convicted in municipal court of two counts of violating RIPLA by maintaining a rental unit without a rental license and sentenced to pay a fine of $300 on each count. After a bench trial, the County Court of Madison [932]*932County affirmed his convictions. Crook appealed to the Circuit Court of Madison County, which affirmed. Crook then appealed to this Court. We assigned his appeal to the Court of Appeals, which affirmed.

¶ 2. At each level of review, Crook argued that RIPLA’s inspection provisions violate the ban on unreasonable searches imposed by the Fourth Amendment of the United States Constitution. The Court of Appeals held that RIPLA is not unconstitutional because it requires the City to obtain a judicial warrant if the landlord or tenant withholds consent to an inspection. We granted Crook’s petition for certiorari and now reverse. We hold that RIPLA’s inspection provisions are constitutionally defective because, although RIPLA has a warrant provision, that provision allows a warrant to be obtained “by the terms of the Rental License, lease, or rental agreement,” which is a standard less than probable cause. Accordingly, we reverse the judgments of the Court of Appeals, the Circuit Court of Madison County, and the County Court of Madison County affirming Crook’s convictions. We reverse Crook’s convictions and render a judgment of acquittal.

FACTS

A. RIPLA

¶ 3. The City adopted RIPLA on July 15, 2008, and amended it on May 18, 2010. RIPLA states that its purpose is to “preserve and promote the public health, safety, and general welfare of the City’s residents and of the public generally, and to assure the proper maintenance of the City’s residential rental housing stock.” RIPLA’s preamble further illuminates its purpose:

WHEREAS, the City of Madison, Mississippi (“City”) finds that certain of its residential neighborhoods could experience declining property values, a concomitant loss of City property tax revenue, and a decline in health, safety, and quality of life due to a lack of inspection and preventive and ongoing maintenance for an increasing number of rental properties owned by absentee landlords;
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WHEREAS, the City has a duty and need to enact regulations that establish safe standards related to preventive and ongoing rental property maintenance, and enable the City to effectively license, inventory, inspect, and, if necessary,'repair rental properties, in order to protect the overall health, safety, and welfare of the City’s residents....
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF MADISON, MISSISSIPPI, THAT THIS ORDINANCE SHALL GOVERN THE LICENSING, INSPECTION, MAINTENANCE, AND REPAIR OF RENTAL PROPERTIES WITHIN THE CORPORATE LIMITS OF THE CITY.

¶ 4. RIPLA makes it a misdemeanor to rent property without both a rental license and a certificate of compliance for each dwelling unit, and each offense is punishable by a fine of $300 per day of noncompliance. A “dwelling unit” is defined as “[a] room or group of rooms occupied or intended to be occupied as a separate living quarters for one (1) Household.” The building official is the City official designated to administer and enforce RIPLA.

¶ 5. To obtain a rental license, the owner must give advance consent to allow the building official to inspect the property to ensure compliance with RIPLA. The owner also must submit a written application, pay annual licensing fees of $100 per dwelling unit and $100 per dwelling as a [933]*933whole, and post a $10,000 bond, collateral, or letter of credit per dwelling unit. The bond serves as a surety for the costs of performing any correction orders issued by the building official.

¶ 6. An owner obtains a certificate of compliance after the building official inspects the property and certifies that it complies with RIPLA’s requirements, including city housing codes, technical codes, zoning, subdivision, landscape, and environmental ordinances, state and federal housing laws, and applicable judicial and administrative decrees. The owner’s advance consent to inspection allows the building official to make inspections “when and as needed” of all portions of a dwelling unit and common areas, whether occupied or unoccupied. If a violation is noted, the building official issues a notice of the violation with a time set for correcting the violation. If correction is not made by the deadline, the City may authorize the building official “to complete the necessary repairs, alterations, or improvements and charge the expenses incurred therfor [sic] to the Owner.” If this occurs, the owner must reimburse the City, or forfeit the bond, collateral, or letter of credit. If the repairs exceed the owner’s surety, the City will have a privileged lien on the property to secure its expenses.

¶ 7. The building official must give the owner reasonable advance notice of the date and time of each inspection, with the owner to notify the tenants of any occupied dwelling units slated for inspection. RI-PLA states that the building official is authorized “to enter, inspect, repair, alter, and improve” all property subject to RI-PLA. It further states that, by the terms of the rental license, owners and tenants consent to the building official entering the property at reasonable times for inspection and repair to ensure compliance with RI-PLA. It also states:

Should a Tenant or Owner refuse entry, the Building Official shall be authorized by virtue of the terms of the Rental License to secure a judicial warrant authorizing entry by the terms of the Rental License, lease, or rental agreement.

B. Crook’s Prosecution

¶ 8. At the trial, it was established that Crook owned residential property located at 127 Cypress Drive, within the City of Madison, Mississippi. It was undisputed that Duke Swyers lived at the residence from 2007 through 2009, and Tammy Thompson lived there from March 2010 until September 2010. Crook testified that he had option-to-purchase agreements with Swyers and Thompson under which rental payments would go toward the purchase price. He argued that these agreements removed his property from the dictates of RIPLA. However, both Swyers and Thompson testified that they had been renting and never had planned to purchase the property.

¶ 9. On August .14, 2008, the City sent notifications letters concerning RIPLA to all owners of rental property in the City. The letter informed the owners of the steps needed to comply with RIPLA. The City sent Crook a copy of the letter based upon City officials’ belief that 127 Cypress Drive was rental property. On October 20, 2008, the City sent Crook a letter stating that it had not received his licensing fee and informing him of the consequences of renting property without a rental license. On February 12, 2009, Crook filled out and signed an application for a rental license and paid a $100 licensing fee.

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Cite This Page — Counsel Stack

Bluebook (online)
168 So. 3d 930, 2015 Miss. LEXIS 352, 2015 WL 4458081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-m-crook-v-city-of-madison-mississippi-miss-2015.