Columbus City Council Housing For All Legislation
Columbus City Council Housing For All pieces of legislation: Rent Increase Notification; Access to Counsel; and Wholesaler Regulation are below.
These ordinances were on first reading December 9th and are available for public comment until they come to the body for a vote Monday, December 16th.
These ordinances were on first reading December 9th and are available for public comment until they come to the body for a vote Monday, December 16th.
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HB 126 – Property Tax Challenge Legislation
Memorandum of Law
| HB 126 - Property Tax Challenge Legislation Memorandum of Law |
Retaliatory Eviction Law Unconstitutional
We were advised by Willis Law that the environmental court of Franklin County declared Columbus’s retaliatory eviction law unconstitutional. As a result, the City is no longer prosecuting cases under this ordinance.
The court indicated that any law with criminal culpability cannot shift the burden of proof to the defendant because of constitutionally protected rights to due process. Since the City attempted to make it the landlord’s burden under this law to provide that it did NOT retaliate, this law is official unconstitutional. Additionally, the City has not appealed the court’s ruling, so this is done.
Although the court’s opinion (attached) does not specifically address Columbus’s source of income law, it is believed that this opinion will make it difficult to impossible for the City to prosecute the source of income law for the same or similar reasons. Discrimination under Federal Fair Housing Laws is illegal either because of direct evidence of discrimination or because of facially neutral policies that have a discriminatory effect. While the law in Columbus does not on its face use the burden shifting test established by federal court’s to determine whether or not someone discriminated, it has been the law in Ohio in civil actions forever that the Burdine shifting test established by the United States Supreme Court be used to establish a prima facie case of discrimination. Since that burden shifting test requires a Defendant to have the burden to prove that it has a legitimate non-discriminatory reason for its actions, the same reasoning in the attached opinion would arguably mean that Columbus’s source of income law violates due process.
The court indicated that any law with criminal culpability cannot shift the burden of proof to the defendant because of constitutionally protected rights to due process. Since the City attempted to make it the landlord’s burden under this law to provide that it did NOT retaliate, this law is official unconstitutional. Additionally, the City has not appealed the court’s ruling, so this is done.
Although the court’s opinion (attached) does not specifically address Columbus’s source of income law, it is believed that this opinion will make it difficult to impossible for the City to prosecute the source of income law for the same or similar reasons. Discrimination under Federal Fair Housing Laws is illegal either because of direct evidence of discrimination or because of facially neutral policies that have a discriminatory effect. While the law in Columbus does not on its face use the burden shifting test established by federal court’s to determine whether or not someone discriminated, it has been the law in Ohio in civil actions forever that the Burdine shifting test established by the United States Supreme Court be used to establish a prima facie case of discrimination. Since that burden shifting test requires a Defendant to have the burden to prove that it has a legitimate non-discriminatory reason for its actions, the same reasoning in the attached opinion would arguably mean that Columbus’s source of income law violates due process.
| Retaliatory Eviction Law Unconstitutional |
City of Columbus Apartment Complex Recycling Program Information
The City of Columbus, SWACO (Solid Waste Authority of Central Ohio), and The Recycling Partnership (a national non-profit that helps communities improve their recycling programs) are pleased to announce a pilot program to provide recycling service to multi-family complexes throughout Columbus (apartments and condominium complexes). The pilot program will help Columbus determine how best to provide recycling opportunities to all Columbus residents living in multi-family housing in the future.
| recycling_pilot_program.pdf |
City of Columbus Renter's Choice and Source of Income Resources
| Source of Income Fact Sheet.pdf |
| Source of Income Talking Points.pdf |
| Section 8 Voucher Chart.pdf |
| NAA Policy Statement SOI Final Update.pdf |
