Protecting Privacy in Privately Owned Rental Residences: Missouri HB1510

There is currently a Bill in the Missouri House that will protect the rights of the owners and occupants of privately owned Rental residences.

HB 1510:  Introduced by Representative Gary L Cross of Lee’s Summit.

Text:   No city or county shall adopt, enforce, or maintain a residential property licensing ordinance or resolution that includes a requirement for periodic interior inspections of privately owned residential property for city or county code violations unless the lawful occupant has consented to such interior inspections. This subsection shall not apply to inspections of mixed-use residential and commercial property. This subsection shall not prohibit a city or county from conducting plan reviews, periodic construction inspections, or final occupancy inspections as required by building permits. No city shall adopt, enforce, or maintain an occupational permit requirement regarding interior spaces, other than safety-related requirements, that are more stringent or restrictive than county ordinances or state statutes.

Any lawful occupant residing in privately owned residential housing located within the corporate limits of a city may request an inspection at any time by the city or, if the property is located in the unincorporated area of the county, by the county to determine code violations.

Notwithstanding any provision of law to the contrary, no political subdivision can require a seller or transferor of real property to obtain an inspection or permit of the real property in order to sell or transfer the property.

This Bill Has No CoSponsors, let’s change that.  Please reach out to your Own Representative and ask them to support Representative Cross in his efforts and to possibly co-sponsor this bill.  (Find Your Legislator Here)

Talking Points in Support:

ONE:  The 4th Amendment to the Constitution protects all citizens against unreasonable search and seizure.  This includes owner-occupants of homes they own as well as tenants in rental homes.  Having a Mandatory Interior Inspection on all rental properties violates the tenant’s 4th Amendment Rights and has been struck down by courts in other states as Unconstitutional.  HB1510 would give the Tenant the right to say no.

TWO:  Having a License for the Rental Property Owner that is dependant on the Lawful Occupant in a Rental Property allowing City Inspectors into their home puts the Property Owner In a bad position.  If the tenant refuses the inspection, the property owner is left with two options in many cities, evict the tenant and find a new one or operate the rental unlawfully without a license.  HB1510 would allow the Property Owner to maintain a business license for rental property, even if the Lawful Occupant Refuses Inspection.

THREE:  House Bill 1510 would not prohibit inspection programs of any kind, it would just afford the Lawful Occupant their right to choose.

This Bill has been Referred to the Committee on General Laws on January 11th