Boonton resident objects to home inspection as unlawful search

“When the fine is big enough, take her to jail,” Bob Morea said of his mother, with whom he splits a two-family house. “It’s cheaper than sending her to a nursing home. Take her to jail,” he repeated to the Board of Alderman at its meeting on Monday. “You take care of her.”

Morea asked if the law would apply to situations where no rent is collected, like the two-family home he splits with his mother.

Alderman Michael Eoga, who was absent when the ordinance was introduced, said he was not prepared to vote for it because he thought that point was not addressed in the proposed ordinance.

Only five members of the nine-member board were present, so all five would have to have voted for the ordinance for it to be adopted.

Town Attorney John Dorsey suggested continuing the ordinance until the next meeting on Monday, Aug. 16, and having the inspectors who recommended the change come to the meeting to explain their reasoning.

A motion to do that was unanimously passed. Aldermen Cliff Keezer, Paul Nevadomski and Terry Dunn and Alderwoman Patricia Bujtas were absent.

Morea and other residents who objected loudly and at great length to the town’s proposed update to the anti-stacking law enacted several years ago, said they consider the requirement that the owner’s portion of multi-units also be subject to inspection to be an invasion of their right to be secure in their homes and property as guaranteed by The Constitution.

“My mother has been living here for 87 years and now I gotta explain this to her,” Morea said. “You’re illegally searching our houses. I’ve contacted the ACLU (American Civil Liberties Union) and they’re interested in this.”

Town officials enacted a local ordinance a few years ago requiring owners of multi-family units to register the units with the town and pay $50 for an annual inspection of the rental unit. Officials said this was for the safety of the renters and for general public safety, to make sure the homes were safe, had smoke detectors and were not overcrowded or illegally expanded with extra kitchens and so on.

They have called the law, along with an improved database that better allows coordination of information between police and zoning officers, a success. Officials said many illegal multi-units and unsafe conditions were identified and rectified as a result of the inspections.

Now, according to Alderman Dan Carey, the inspectors who have been going out and doing the checks of the properties, have suggested the ordinance be expanded to require the owner-occupied sections of these properties also be inspected.

The reason, according to Carey, is that property owners could be adding illegal apartments in basements or in their portions of the structure that could be unsafe for the occupants and the general public. They also could be failing to comply with smoke detector and other safety requirements in their section of the building, which would defeat the purpose of the inspection of the rental units.

“They’re part-time inspectors and they want to make their jobs full-time!” Morea exclaimed from the audience.

Morea asked if the property owners had to pay another $50 to have their section of the homes inspected.

“No,” Carey replied.

Equally unhappy with the proposal was resident Ernest Codella.

“I take offense,” said Codella. “This is more and more encroachment on the people in this town. Look around this town. There are dumps that are falling down and these people get away with anything.” Single-family homes that are not rented are not subject to the inspections.

“This is a foot in the door,” he said. “You’re coming on private property and saying you can’t do this, you can’t do that. Then you’re going to tell us what you own isn’t really yours,” he said.

“It’s amazing. Who makes this stuff up?” he asked. “A little group decides for the masses what we can and cannot do … I don’t see anyone from Washington on down that represents us anymore. We actually have taxation without representation.”