Uhrichsville landlord fee ‘unconstitutional’
UHRICHSVILLE (WJER) (Dec. 12, 2024) – The city can no longer enforce its landlord registration ordinance.
A rental property owner sued in Tuscarawas County Common Pleas Court over the 2020 ordinance, claiming the $50 per unit annual fee was an illegal and unconstitutional tax. Judge Elizabeth Thomakos agreed.
In a ruling handed down Tuesday, Thomakos prohibited the city from collecting any additional fees and prosecuting landlords for non-compliance.
At issue was whether the fees were being spent on services related to landlord-owned properties. Collections were directed into a designated fund that the city used to pay its code enforcement official. However, the judge found that work benefitted all city residents and not landlords exclusively.
The plaintiff registered but never paid the fee. He requested an order requiring the city to reimburse the money it collected from other landlords, but Thomakos said that was beyond the scope of the case before her.
The city has 30 days to appeal the ruling.