Free Buyer's and Seller's Guide

If you're thinking of buying or selling a home in the Cincinnati or Dayton area, you'll want to download our guides. Inside you'll find Key Tips that can either speed up the real estate process or provide leverage when it comes to negotiating. All provided by our team here at The Ohio Agent.

Apartment manager challenges Cincinnati’s nuisance ordinance

Posted on | August 13, 2010 | No Comments

Some news affecting investors of Cincinnati OH homes for sale:

Downtown Property Management Inc., the Tri-State’s largest apartment management companies has sued the City of Cincinnati, alleging its chronic nuisance ordinance violates the US constitution. The company states that the ordinance subjects the landlords to fines or possible criminal prosecution for actions not in the control of the landlord including conduct by visitors or trespassers. The company also contends that the ordinance is short of appropriate standards causing it to be an unconstitutionally arbitrary and capricious, overreaching and void for vagueness. Even the City and Cincinnati Police Department failed to respond for comments.

Downtown Property Management Inc. owns 2000 local apartments including six large complexes in Westwood, Avondale, English Woods and Walnut Hills, which have triggered enforcement actions under the ordinance. The company seeks a court order hindering the city from enforcing the ordinance. Documents filed with police complaints indicate that police assistance was needed hundreds of time in 2009 for incidents ranging from small fights to illegal drug use.

Lawyer Julia Carney filed the case for the company at Manley Burke, in addition to filing of appeals related to three of the company’s properties mentioned in the lawsuit. The hearing in June went well, since the city hearing officer supported the enforcement actions against those properties in addition to the city’s billing of the company for the cost of numerous police service calls to those properties. However, the officer explained that he did not have authority to consider constitutional claims.

Carney highlighted the unfair penalizing of larger complexes by the ordinance, since 11 nuisance calls in a year will trigger enforcement actions at premises more than 40 units but more calls are allowed at premises less than 40 units, which does not logically make sense. Lawyer Richard Norton at Katz Greenberger informed that the city’s solicitor office along with the police agreed to revise the ordinance long back when a similar lawsuit was filed by Greater Cincinnati Northern Kentucky Association, but the revision has not been made. The lawsuit is still on hold with the decision pending on if the changes will move forward.

Although it does not particularly affect investors renting out homes in the categories of Dayton OH homes for sale, Mason OH homes for sale, or even West Chester OH homes for sale, investors in those areas are urged to check all city or township ordinances before buying a property.