There are some who might overlook the importance of rental properties.
The ability to rent brings opportunity to low- to middle-class people to live in a city or a part of a city that they otherwise would not be able to afford through direct property ownership and a mortgage.
Having property owners willing to be landlords provides a service for the poor in our community, as well as the students we are proud to help graduate from the University of Delaware.
Section 404.8 is the essence of discrimination. The very premise of this section treats these citizens differently, based on how and where they choose to live in Newark.
If you are a renter, you have fewer rights than everyone else. If you are a landlord, your service to those who can’t afford a home is being frowned upon.
Section 404.8 starts by setting different standards for a homeowner if they do not live in the house. They are effectively being told to ask permission and pay for it.
This is a 14th Amendment violation, where all citizens are to have equal protection under the law with no law being executed, unless equally for all citizens (including the lawmakers!).
404.8 Rental license required: An annual rental license is required prior to letting, leasing, sub-leasing, renting, or otherwise allowing the occupancy of the following structures:
- Every non-owner occupied single family and/or two-family dwelling.
- Every owner-occupied dwelling taking in more than two boarders or roomers unrelated to the owner by blood, marriage, or legal adoption.
- Every multi-family dwelling (defined as a structure containing three or more dwelling units) including condominiums.
- Every rooming house.
- Every boarding house.
- Any structure housing a mixture of occupancies that includes residential.
- All fraternities and sororities as defined in Chapter 32, Zoning.
Second-class citizenship has now been defined.
The international code now takes the next step of explaining what these second-class citizens are required to do, which is not required of the rest of the community:
- Application –applications shall be submitted in writing, on a form provided by the city and signed by the owner or their authorized agent. A rental license renewal invoice shall be permitted to substitute for the application, if signed.
- Fee –payment of the fee as required by Section 404.8.2.
- Inspection –the exterior of the premises shall be inspected annually by the building/code official, and, provided that permission is granted by the tenant or person in possession of the property, the interior of the premises will also be inspected by the building/code official on an annual basis, prior to the approval or renewal of the rental license.
And here are those fees:
404.8.2 License fees: The annual license fee shall be as follows:
- Two-hundred dollars ($200.00) per dwelling unit for single-family or two-family dwellings.
- Fifty-five dollars ($55.00) per dwelling or rooming units in any other residential occupancy with 14 or fewer dwelling or rooming units including mixed use occupancies except fraternities or sororities.
- Forty Five dollars ($45.00) per dwelling or rooming unit in any other residential occupancy with 15 or more dwelling or rooming units including mixed-use occupancies except fraternities or sororities.
- Fraternities and sororities based on the following table.
|Number of occupants||1 – 8||9 – 18||19 – 30||31 – 44||45 – 60||61 – 78||79 – 98|
|These fees are based on the maximum occupancy of the building as established by the building/code official. These fees shall be reduced by one third (1/3) if the written lease or recorded deed for the property prohibits the use of alcohol by the tenants or occupants of the fraternity or sorority. Where a fraternity or sorority occupies more than one building, each building shall have a separate rental license.|