Attorneys for renters and landlords in Orange City claim city-required inspections of rental properties every five years violate renters’ rights.

They argued before the Iowa Supreme Court on Wednesday that mandated check-ups are unrestricted searches, and that it could result in police involvement if inspectors report activity they think is suspicious.

Attorney Zachary Clausen represented the city and claimed the inspections help address health and safety risks. He added, police haven’t been involved in the past.

“In this case, there is no evidence that the inspector is doing any of those things,” Clausen says. “There’s no evidence that there’s any law enforcement involvement in all, in any of these inspections, whatsoever.”

The city has to give landlords 15 days notice ahead of the inspection, and if the inspector arrives and isn’t allowed to enter, they can obtain an administrative search warrant.

John Wrench, an attorney for the renters and landlords, said this loophole violates the Iowa Constitution, which protects against “suspicionless home searches.” Wrench argued the mandated inspections could give the city broad grounds for seeking warrants.

Wrench says, “The city’s entire justification for being able to forcefully enter the home using suspicionless warrants is because it’s a renter-occupied home.”

The American Civil Liberties Union filed the brief in support of the renters and landlords. They claim the inspections and potential searches disproportionately affect people from low-income or minority backgrounds who are more likely to rent.

(By Isabella Luu, Iowa Public Radio)

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