Opposition Grows To Mandatory Rental Inspections

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FEDERAL HEIGHTS, Colo. (CB4) - When a rental home inspector and two Federal Heights police officers showed up at Ernie DeHerrera's rental home last Thursday for a mandatory inspection of his property for potential health and safety violations, the former Marine told them politely to buzz off.

"I'm not allowing you guys access", DeHerrera told the city officials.

Through a fence DeHerrera told them, "I'm denying access to your search warrant."

(credit: CBS)

Inspector Kristen Teague, a police sergeant and a second officer then left the property. DeHerrera's rejection of the mandatory property inspection is the latest development in the ongoing resistance to rental property inspections in Federal Heights.

DeHerrera and other renters believe the inspections are a violation of their constitutional rights.

"Probable cause does not exist for them to enter my house," said DeHerrera.

Recently, DeHerrera was one of a half dozen Federal Heights renters who showed up at city hall to let officials know they were not welcome to conduct the inspections, which have been going on for years.

(credit: CBS)

Teague said the mandatory inspections of rental properties "is to ensure health and safe habitable housing. It helps reduce slum and blight potential, it's a benefit economically for the municipality and maintains healthy neighborhoods."

Teague said numerous municipalities in Colorado and across the country have similar ordinances allowing for mandatory rental inspections.

But in recent months, Federal Heights property owners Matt and Jay Hill have led opposition to the inspections claiming they are discriminatory since homeowners are not subject to the same scrutiny.

"Your right to privacy in your home applies to everybody. There's no distinction between renters and homeowners," Jay Hill told CBS4.

City Inspector Kristen Teague during an inspection (credit: CBS)

Matt Hill said, "It's unfair, incorrect to take one class and treat them differently than another class. It's wrong."

As the discontent over the mandatory inspections simmers, DeHerrera expects he will soon be found in contempt for not allowing the city access to his rental home. He could be subject to hefty fines and says he is ready to face the consequences.

"Are you willing to go to jail for this?" DeHerrera was asked.

"Yes," was his response.

Federal Heights authorities say the inspector left the property last week "so as to avoid a potentially violent confrontation."

City officials are now asking a judge to hold DeHerrera in contempt and levy a fine of $500 per day until an inspection occurs.

CBS4 Investigator Brian Maass has been with the station more than 30 years uncovering waste, fraud and corruption. Follow him on Twitter @Briancbs4.