Property Management Company sues City of Cincinnati
Downtown Property Management Inc., one of the largest management companies in the Tri-State, owns nearly 2000 apartments that include six large complexes in English Woods, Walnut Hills, Avondale and Westwood. The company has filed a suit against the City of Cincinnati, charging that its chronic nuisance ordinance is not up to mark and violates the US constitutional rights. The company says that this ordinance subjects the landlords to probable criminal prosecution or fines for actions out of their control together with conduct by visitors or trespassers. The ordinance lacks standards making it invalid for its vagueness. The city as well as Cincinnati Police officials failed to give any comments.
Owing to their vast properties, their suit has succeeded in triggering small enforcement actions under the ordinance. The company requests to hinder Cincinnati from implementing the ordinance. In the past year, the company has recorded nearly one hundred cases with the police for incidents such as shots fired and illegal drug use . These incidents undeniably decrease the value of the surrounding Cincinnati real estate. Lawyer Julia Carney is in favor of the company and has filed a suit at Manley Burke along with appeals linked to three properties mentioned in the lawsuit.
The city hearing officer defended enforcement actions against the company’s properties along with the city’s billing for the cost of several police service calls to these properties in the June hearing, however the officer has no authority to judge constitutional claims. Carney emphasized the unfair treatment of penalizing larger complexes. The ordinance stated that 11 nuisance calls within a year can prompt enforcement actions at premises with more than 40 units and not in those less than 40 units. If you are looking into Cincinnati OH homes for sale be sure to check all ordinances when purchasing a home with multiple units.
A similar lawsuit was filed several years ago by Greater Cincinnati Northern Kentucky Association and the city’s solicitor office with the police consented to revise the ordinance but there had been none. The current lawsuit is yet on hold and the decision is pending.