Legal Question in Civil Rights Law in New Jersey

How to keep a city hall representative out of my house

A week ago I allowed a Health Dept. representative to check out a possible violation in my yard, which has since been cleaned up. He had to pass through the interior of my home to get there. Since then, he has come back and said I have to let him in when he wants, that I have no choice.

I am not running an open house for him to look for money for Bayonne City Hall. How do I keep him out of my house?


Asked on 9/11/04, 3:59 pm

2 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: How to keep a city hall representative out of my house

Your inquiry does not really give us a lot of facts to go on. However--

a government official does not have the power to demand entry to your home simply on an arbitrary whim.

In order to enter your home without your consent, the government official must have the appropriate warrant or court order.

In terms of zoning or health violations, in certain situations, you may be required to allow access to your premises. However, if additional access is desired, you should receive a written notice from the official or department involved. You should then have a right to challenge that notice.

In this case, if the official simply needs access to your backyard to determine whether the violation has in fact been cleared up, then there should no problem with setting up a particular time/date for an appointment for the official to re-inspect your backyard.

Having said all of the above, it is impossible to give you specific legal advice without knowing more facts about your case, and you should not consider the above comments to be "legal advice."

I do strongly recommend that you retain an attorney as soon as possible to assist you in this matter. I would be happy to speak with you about the possibility of retaining my services. Please contact me at:

973-605-8995

[email protected]

Alan S. Albin, Esq.

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Answered on 9/13/04, 3:06 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: How to keep a city hall representative out of my house

Tell the inspector if he does not leave you will call the police, and have a harrassment complaint drawn up against him. Tell the police that you feel unsafe around this man. Unless you have a health hazzard in your home the inspector should not be coming weekly. Even if you do have a health hazzard in your home or yard, the inspector should cite you and only return to ensure that the hazzard has been cleaned up. You might also try calling a local elected official, and advise him/her as to what this person has been doing.

AMW

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Answered on 9/11/04, 4:55 pm


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