Mike Scobey | Director of Local Advocacy and Global Programs
MUNICIPAL INSPECTION PROGRAMS AND THE U.S. CONSTITUTION Since the advent of home rule in the early 1970s, some municipalities have developed inspection programs in which the municipality inspects real property. This may take the form of a pre-sale home inspection (of single-family homes) or it may be a systematic inspection of rental properties, usually larger apartment buildings. REALTORS® have long advocated — and courts have reaffirmed — that there are constitutional concerns with these programs and the procedures associated with them. Specifically, the Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches without a valid warrant, and therefore provides safeguards for the privacy and security of individuals against arbitrary invasions by government officials. Federal court cases have reaffirmed this principle. Generally, this constitutional principle can be respected through enacting appropriate administrative provisions and procedures. Illinois REALTORS® always lobbies for a consent provision. Municipalities must obtain consent for any inspection of private property. In addition to these constitutional issues, REALTORS® have practical concerns about inspection ordinances in general. Some of these concerns are:
because so much that happens at the local government level affects our industry (building codes, “point-of-sale” requirements, regulations imposed on rental properties, to name a few examples). A significant way that we provide support to candidates is through our Independent Expenditure (IE) program. This enables us to communicate directly with likely voters about the candidates we support and the reasons to vote for them. This is dubbed an Independent Expenditure because it must be independent of the candidates’ campaigns; no coordination can take place. In this cycle, Illinois REALTORS® will be providing this kind of support to over 20 local candidates. (Note: See the infographic on page 27 that shows how IE candidates are selected.) Illinois REALTORS® has become a national leader when it comes to the level of support we give in both local and state elections. We have conducted IEs that have included direct mail and online advertising. The main purpose of this political activity is to make sure that REALTOR® champions are elected to local and state legislative offices in Illinois.
ZZ Inspection fees that are very high; ZZ Inspection follow-up that is done by the city/ village can interfere with the transaction (e.g. delays in the closing); ZZ Post-inspection requirements and repairs that are not related to health and safety which can needlessly add to the cost of the transaction (e.g. cosmetic upgrades). Twenty years ago, the Illinois REALTORS® created the local Governmental Affairs Directors program, enabling us to have professional staff monitor and lobby on important issues like municipal inspections. Presently, we have a staff of 12 individuals who work on these issues at the local level. You can see them and their assigned jurisdictions at www.IllinoisRealtors. org/LocalGovernment
FIGHTING FOR YOU LOCALLY
On April 4, municipal elections will take place across Illinois and once again we will be involved by supporting REALTOR®friendly candidates. This is an important political activity
26 www.IllinoisRealtors.org
Recent mailer (front and back) produced through the IE program