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7A Guide to Proactive Rental Inspection Programschangelabsolutions.org <br />UNDERSTANDING PRI PROGRAMS <br />There is no standard PRI program. Programs vary according to the types of rental <br />housing in a locality, the needs of the particular locality, the availability of resources, <br />and (to an extent) state law. This guide provides an overview of the key components of <br />PRI programs and the different ways localities have implemented them. <br />Though details vary, PRI programs typically share a basic program structure: <br />• Registration. The locality requires property owners to register their rental <br />properties or to obtain a certificate or license in order to rent housing units. <br />• Periodic Inspections. The locality requires periodic inspections of all covered <br />rental properties. Inspections occur on a periodic basis, usually every few years, <br />to ensure that the housing is adequately maintained. <br />• Enforcement. If a property fails inspection, the locality initiates enforcement <br />measures. <br />STATE LAW, PREEMPTION AND <br />PROACTIVE RENTAL INSPECTIONS <br />Code enforcement is an exercise <br />of a government’s “police power.” <br />Police power is the inherent power <br />of government to act to protect <br />the health, safety, and welfare of <br />its citizens. The extent of the police <br />power that a locality may exercise is <br />dependent on its state constitutional <br />or statutory law. <br />In a few states, the law may establish <br />that code enforcement is administered <br />by the state.28 In most states, however, <br />code enforcement occurs at the city <br />or county level. In some states, state <br />law expressly authorizes localities to <br />establish a code enforcement program. <br />In other states, the state constitution <br />or state law may give localities broad <br />“home rule” power – the authority <br />to enact laws, such as a proactive <br />rental inspection program – without a <br />specific delegation of power from the <br />legislature. <br />State legislatures can also preempt <br />the authority of localities to enact <br />proactive rental inspection programs <br />by enacting state laws that override or <br />limit a locality’s authority to establish <br />a program. Some states, including <br />Arizona, Georgia, North Carolina, and <br />Tennessee, prohibit or significantly <br />restrict systematic interior inspections <br />of rental units.29 Greensboro, North <br />Carolina had a successful proactive <br />rental inspection program until the <br />legislature preempted the city’s <br />authority to operate that program.30, 31 <br />It is important to review your state law <br />to determine if the authority to start a <br />PRI program resides with your locality <br />or with your state.