Can a city issue a policy or ordinance that allows them to inspect all rental houses in town, charge a fee to inspect, issue fees to ready and then new fee to fill up up inspection?

Small town in Nebraska has sent letter to us that they are going to begin I specifically all rental houses. Doesn’t seem legal.

Asked on May 16, 2017 under Real Estate Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal. Under the "police power," local government has the power to ensure health and safety, such as bu inspecting buildings generally or rentals in particular. Government also has the power to levy fees to offset the cost of governmental services, like inspections, code enforcement, etc. This is well within a municipal government's legal authority.

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