TOLEDO (AP) — A judge has ruled that an Ohio city’s efforts to make some rental properties lead free is unconstitutional and discriminatory.
The Blade reports Lucas County Common Pleas Judge Linda Jennings issued a permanent injunction Friday against Toledo’s lead-safe rental law because it discriminates against owners of rental properties with one to four units while exempting larger complexes from the law’s requirements.
Jennings’ ruling also says the city lacks the authority to give the Toledo-Lucas County Health Department authority to enforce the lead-safe law.
An attorney for a landlord and the Property Investors Network hailed Jennings’ ruling as a “benchslap” to the city.
While Toledo officials say an appeal is planned, Mayor Wade Kapszukiewicz says the ruling confirms his belief that the ordinance was well-intentioned but unenforceable.