Must Red Tag posted on violation include all information necessary for appeal

CT
Chuck Thompson
Thu, Feb 4, 2016 7:18 PM

In a decision by the 6th Circuit the court considered a case where code inspectors found violations of rental housing units and issued eviction notices (red tags).  The red tags provided information about how to correct the violation, the time frame and who to contact with questions but did not include reference to the city's code providing for an appeal of the eviction and notification that if not appealed timely the right to appeal was deemed waived.  Those evicted did not exercise appeal rights (claiming they did not know of them) and sued instead, under Section 1983.  The District Court denied qualified immunity to the inspectors. The 6th Circuit reversed concluding that the law is not clear as to how much notice is required to satisfy due process under these circumstances.  A link to the case follows: http://www.ca6.uscourts.gov/opinions.pdf/16a0023p-06.pdf Don't forget the IMLA Section 1983 program's best rates expire February 15.  The hotel is filling up, so register for both the hotel and the program before you get shut out.  Chuck

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Seminar April 15-18, 2016 - Omni Shoreham, Washington D.C.
IMLA's Annual Conference September 28 - October 2, 2016 - San Diego

In a decision by the 6th Circuit the court considered a case where code inspectors found violations of rental housing units and issued eviction notices (red tags). The red tags provided information about how to correct the violation, the time frame and who to contact with questions but did not include reference to the city's code providing for an appeal of the eviction and notification that if not appealed timely the right to appeal was deemed waived. Those evicted did not exercise appeal rights (claiming they did not know of them) and sued instead, under Section 1983. The District Court denied qualified immunity to the inspectors. The 6th Circuit reversed concluding that the law is not clear as to how much notice is required to satisfy due process under these circumstances. A link to the case follows: http://www.ca6.uscourts.gov/opinions.pdf/16a0023p-06.pdf Don't forget the IMLA Section 1983 program's best rates expire February 15. The hotel is filling up, so register for both the hotel and the program before you get shut out. Chuck Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Seminar April 15-18, 2016 - Omni Shoreham, Washington D.C. IMLA's Annual Conference September 28 - October 2, 2016 - San Diego