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Lawsuit involving Oshkosh rental inspection ordinance dismissed

Posted at 12:36 PM, Sep 14, 2017
and last updated 2017-09-14 13:36:45-04

A lawsuit filed against the City of Oshkosh challenging its rental inspection ordinance has been dismissed, the city said Thursday.

The Winnebago Apartment Association filed the lawsuit in January claiming the ordinance would unfairly charge landlords and tenants for inspection costs even if an inspection doesn't take place. among other concerns.

In February, a federal judge denied the request for a preliminary injunction to stop Oshkosh from enforcing the ordinance.

As deadlines approached in the lawsuit, the attorney for the Winnebago Apartment Association suggested a settlement, the city said. They then dismissed their claims and both parties agreed to be responsible for their own costs related to the suit, according to the city.

The controversial rental inspection program was rolled out in February. The goal was to "protect the health and safety of rental residents in the Oshkosh community," the city said.

The ordinance involves mandatory inspections of all rental properties in Oshkosh. Tenants can refuse an inspection inside their apartment, but the city can still inspect the building from the outside.

The biggest concern for the landlords who filed the lawsuit was that the city would still charge for those outside inspections, which are a minimum of $145. That cost would then trickle down to renters, landlords said in February.

As part of the ordinance, the city divided Oshkosh into five sections and will inspect the properties in one section per year, so that properties are inspected once every five years, the city said.

City inspectors have conducted nearly 300 inspections so far and have identified health and safety concerns, the city said Thursday.

Landlords have cooperated to address those problems, which have included missing or nonfunctional carbon monoxide and smoke detectors, exposed wiring, leaking plumbing fixtures and unsafe exits.