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How Do Zoning Laws Impact Tenants, Landlords And Residents?

"I've done the legal research. It's a nightmare," a Patch reader said.

 

 

I got a call from Gerhard Sweetman, 75, of Norristown, this weekend.

The self-described U.S. Air Force veteran talked of his 1950's military stint in a Mississippi technical school where he was prohibited from socializing with fellow students because "they were black."

Today, Sweetman fears racism and other prejudices are carried out by another form of government, the local zoning department. And that's just one step in a process that can lead to action from higher government authority, he said.

Through a zoning law, a rental home can be inspected without a search warrant, he said and described his experiences as a Section 8 tenant who took the issue to the federal court level.

"Renters' apartments (are) searched yearly by codes enforcement," he said and talked of "coverups" by the U.S. government, police and news organizations. 

Sweetman said he wants to justify the U.S. Constitution's Fourth Amendment - part of the Bill of Rights that guards against unreasonable search and seizure.

"That's why we have a screwed up country where the Bill Of Rights doesn't apply in state cases," he said. "All laws have to be constitutional." 

Local government gets money to conduct a checkup of a rental home. That can lead to unofficial inspections including the discovery of personal information such as sexual preference, gun ownership and location of valuable property, Sweetman said. 

"If (landlords) don't comply with code enforcements, it will cost (them) money," he said.

He also said the practice will impact single-family homeowners and added it's a mistake to believe zoning laws will help real estate property values increase. "They'll put this clause into mortgages."

Additionally, "there would not be these rough neighborhoods without zoning restrictions," he said. "Zoning causes the problem. It's not the solution."

Sweetman said he's a fugitive in New Jersey for refusing to pay a fine regarding "unrelated people living with you in a house."

Also, he hasn't found an attorney to help in his fight against codes enforcement because "nobody wants to touch this with a 10-foot pole."

While Sweetman acknowledged many folks will disagree with his opinions, the issues he raises -- regarding zoning practices -- impact entire communities.

Folks in Pottstown often share concerns and argue over matters such as enforcement and upkeep of landlord, tenant and single-family properties.

The question is, what's the root of the problem?

Background:

Orphan of a Zoning Divorce

Investors Have Faith in Pottstown

Major Plans Underway For Pottstown's Rebirth

Residents Turn Out for Townwide Meeting to Discuss the Future of Norristown

Adaptive Reuse Plan Shown to Phoenixville Planners

Pottstown Economic Development Leader Hired

Lower Pottsgrove To Fight Noncoal Surface Mining Amendment

Related Topics: Tenant Rights, Zoning Laws, and apartment inspection

John K

2:09 pm on Monday, May 21, 2012

One major problem in Pottstown is the leadership and codes have "personal" negative opinions about landlords and these "personal" opinions carry over to the job. The negative opinions flow from the top down. When the leadership is against the owners of 45% of the properties in Pottstown, this is the root of this problem. If you have 2 houses with the same code violation, the owner occupied home is overlooked and the rental property is cited for the violation.

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James Myers

11:55 am on Monday, May 21, 2012

I asked Pottstown Patch editor Teresa McMinn to post this opinion piece to Norristown Patch because this a concern in both communities.
I've debated these issues with Mr. Sweetman before, and while he makes several valid points about freedom from unreasonable search, he tends to dismiss the counter argument that these inspections are not "searches" of his personal property but an inspection of the property he occupies by the graces of a government program. I am not in any way saying that enrollment in a government program should forfeit anyone's rights, but that program comes with stipulations.
The inspections are as much for his protection as they are for safety reasons. Municipalities are required to make sure the owners of those properties are maintaining them for the people who live in them – often residents who are vulnerable to landlords who take advantage of their lack of options.
Section 8 renters aren't the only people who's homes are subject to inspections by code enforcement – any property owner who pulls a permit to make repairs or renovations is subject to the same process. Anyone who's home has been the scene of a fire is also going to have code enforcement officials inspecting their personal space.
Norristown's code enforcement department has long been a subject of scorn and ridicule for past corruption and present customer service issues. I'd like to know what residents and developers think. Is our system broken? If so, how can we fix it?

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gerhard sweetman

5:10 am on Sunday, May 27, 2012

Jim false and or missleading statements is no way to treat human rights.
The safety protection tradeoff for freedom issue is for dictators and fools

Teresa McMinn

2:54 pm on Monday, May 21, 2012

Amendment IV

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." -- The U.S. National Archives and Records Administration

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gerhard sweetman

4:25 pm on Friday, June 1, 2012

Media silence on civil&criminal violations of the bill of rights, criminal?
Vets take an oath to uphold the constitution upon entering the services, Why are the vets & their originations silent?
See Rev Neimyer vs German rights silence vs jews vs Natzis, they come after ME!

Golden Cockroach

6:00 pm on Monday, May 21, 2012

Hello James. I read this piece earlier in the day, with no time to focus on it, the crux of Mr. Sweetmans' concern was unclear to me. His use of the term "codes enforcement" may be confused with Section 8 inspections that take place on an annual basis? I'm not familiar with Norristown ordinances, perhaps they inspect rentals annually as well.

However, in Pottstown, a rental is inspected by local codes enforcement when there is a change in tenancy before a new tenant has moved in - I believe. Additional codes inspections occur at 5 year intervals if there is no change in occupancy, or if requested by a tenant, when a landlord has failed to address repairs. Section 8 inspects here annually, as in Norristown, and there are discrepancies between the objectives of each inspecting entity, but I've not heard anyone say that they felt their 4th Amendment rights were violated by either agency.

I read your profile and I found this observation particularly piercing: "We're the seat of one of the wealthiest counties in the commonwealth but we are home to some of its poorest residents." I suspect that exclusionary zoning, by wealthier communities in this county, has intentionally or unintentionally contributed to the status quo in our communities, (not to oversimplify a very complex subject).

I am interested in building a bridge with activists in Norristown to share info. & determine a course of action to benefit our communities.

ptownadvocates@hotmail.com

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gerhard sweetman

2:37 am on Monday, May 28, 2012

Section 8 is not issue all apartments are covered yearly, jim threw this in to confuse you. Rights not Felt is issue not safty, not protection

Heather

11:04 am on Tuesday, May 22, 2012

James,

Do not listen to Goldencockroach. This person is a rogue activist who will try to bring you into her negative world. She is not a community leader and has created havoc within the Pottstown community. Beware

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Tom Bartman

11:04 am on Tuesday, May 22, 2012

"Renters' apartments (are) searched yearly by codes enforcement," This is only if there are several units in one building. Pottstown does however, do an inspection when the residency changes.

Keep in mind though the landlord can have the inspection if the tenant is engaging in unsafe acts, etc. The contract generally states an inspection can be done at any time.

As far as "coverups" - what are they? You have to be more specific. To be honest, I fail to see where there was any violation of privacy.

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gerhard sweetman

2:37 am on Monday, May 28, 2012

Landlord inspections no issue,,code enforcement is issue home invasions coverups. Home searches are violations of rights,health,crimes,see 4th admendment above. Police,govt,media coverups of these invasions is criminal

Golden Cockroach

1:03 pm on Tuesday, May 22, 2012

If you haven't been following other articles in the Pottstown Patch James, Heather, aka Debra Lacava Campbell and Doug Campbell have defaulted on over $2,000,000 worth of income properties between Norrsitown and Pottstown in 2012. Unpaid taxes and municipal liens on many of their properties will, no doubt, be dismissed too.

Today, I received notice that on 4/30/2012 this team of rental property investors filed for Chapter 7 Bankruptcy. Her verbose arrogance has served her well.

http://goldencockroach.wordpress.com/

The Deadbeat Landlord Hall of Shame is out today too...Water Shut Offs at rental properties:

http://goldencockroach.wordpress.com/aaa-list-of-deadbeat-slum-property-owners-water-shut-off-notices/

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James Myers

12:24 pm on Sunday, May 27, 2012

Mr. Sweetman, I agree that trading freedom for safety is a slippery slope and it's easy to go too far. I would always want to err on the side of freedom. That said, we as a society accept that trade off in small ways every day.
I wasn't trying to dismiss your argument – which I believe has valid points – I was merely pointing out the other side of it, which you seem to dismiss out of hand.

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gerhard sweetman

2:37 am on Monday, May 28, 2012

If you dont like the bill of rights 4th admend on searches please leave the usa or change the constitution, see us supreme court decisions.

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gerhard sweetman

2:37 am on Monday, May 28, 2012

Slipery slope is human rights cliff,your home is your castle. See international rights.
your trade off is a sellout in grand way. The other side is change the bill of rights if you want small tradeoffs, like bedroom inspections ect. Dismiss your rights violations

Glenn

2:37 am on Monday, May 28, 2012

It would seem that all properties should be inspected at the same intervals whether they are rental or homeowner property. An inspector should have no right to go through someone's personal effects.

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gerhard sweetman

3:34 pm on Monday, May 28, 2012

Glenn,no no searches see bill of rights above my efffects are viewable, pictures papers religious things sexual things etc ect. Stupid game , whats the difference between inspection and search? Answer none and 4th admendment bill of rights see above quote by TERESA M

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henry eroh

10:14 am on Tuesday, May 29, 2012

Don't come to my house and inspect it as I keep it safe for my family and I don't want you in my house it is none of your business to see what I have as long as there no illegal thing's going on- if you want to do something go help the police get the thieves and such off the areas and protect the hard working people

henry eroh

10:14 am on Tuesday, May 29, 2012

Therer is no problem with inspections for the most part- If you have nothing illegal-(Drugs- illegal firearms or stolen property ) you should not have a problem with it but for the most these home inspections are just the municipal's way of trying to get more tax money and proving I AM THE BOSS- some inspector's are decent but for the other's it is a power struggle- If you own the property and pay for it you should be able to keep it your way as long as there are no health issues and the gov should not have the right to tell you what-where and how you are able to do- Mostly it is all about the MONEY- I have been a small general contractor for a long time and if people would see the permit forms that has to be filled out- it is so stupid- all people have so little to say about anything except to vote-what a laugh look at schools they spend billions on what- to steal people's land and build these ugly things to try to keep up with the jones

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gerhard sweetman

10:18 pm on Thursday, May 31, 2012

There is a problem with inspections: criminal,civil rights violation,health danger,epidemics,spying,survaliance,home invasions,sexual outing shall i go on & on&on the bill of rights love it or leave us the xxxx alone as prisoners do. Extortsion, bribes, corruptions,criminal relatives etc

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