Yajnik v. Akron Department of Health, Housing Division

Summary

The Ohio Supreme Court considered whether Akron Codified Ordinances 150.40(A)(2), requiring semiannual inspections of all rental properties owned by a landlord convicted of a housing-code violation, violated substantive due process under the Ohio Constitution as applied to the landlords. The court held that the landlords failed to prove unconstitutionality beyond a reasonable doubt because the record did not identify the underlying violation, reversed the appellate judgment, and remanded for consideration of the remaining constitutional challenges.

Holdings

1. The Yajniks failed to satisfy their burden to prove beyond a reasonable doubt that application of the ordinance violated the Due Process Clause of the Ohio Constitution because the record did not identify the violation that triggered the inspections.
2. The court could not determine whether the mandatory inspections were constitutional without evidence identifying the underlying housing-code violation.

Questions Presented

1. Whether Akron Codified Ordinances 150.40(A)(2), as applied to the Yajniks, violated the Due Process Clause of Section 16, Article I of the Ohio Constitution.
2. Whether the Yajniks met their burden to prove beyond a reasonable doubt that mandatory semiannual inspections of all their rental properties were unreasonable or arbitrary when the record did not disclose the nature of the underlying housing-code violation.

Disposition

reversed_and_remanded