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2022.02.08 WS Packet
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2022.02.08 WS Packet
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13A Guide to Proactive Rental Inspection Programschangelabsolutions.org <br />For example, in Sacramento, all rental housing properties are subject to routine periodic <br />inspection by the city.84 Rental housing property may be placed in the self-certification <br />program if: (1) the inspector has found no violations, or all violations identified in the <br />initial inspection were abated within 30 days; (2) the property owner and local contact <br />representative are in compliance with all of the provisions in the housing code; and (3) <br />the property owner is not delinquent on any payments to the city of fees, penalties, or <br />taxes.85 Under Sacramento’s self-certification program, property owners are responsible <br />– annually and upon a change in tenancy – for inspecting their housing units, making <br />repairs necessary to comply with the housing code, completing a self-certification form <br />for each unit, and providing a copy of this form to the occupants of the respective units.86 <br />Rental units included within the self-certification program are still subject to random <br />inspections.87 Properties in the program receive a discount on the Rental Inspection <br />Housing Program fee.88 <br />Rental property owners in Santa Cruz can request to participate in the self-certification <br />program if the property is well-maintained and has had no code violations in the <br />preceding three years.89 In order to remain in the program, owners must annually self- <br />certify each residential dwelling unit and pay an annual self-certification fee.90 While <br />the city will generally inspect other units annually,91 participants in the self-certification <br />program are subject to a reduced inspection cycle: twenty percent of the units on each <br />property (or at least one unit on smaller properties) are inspected not more than once <br />every five years, so long as the property does not deteriorate to the point of no longer <br />meeting eligibility standards for the self-certification program.92 <br />Vacancy Inspections <br />Some localities require inspections only when a unit is vacated due to a change in <br />tenancy.93 Inspections and repairs may be easier to conduct and less disruptive when <br />a tenant is not present. In addition, by conducting repairs before a tenancy begins, a <br />rental housing inspection program can help protect future tenants from being exposed to <br />dangerous conditions, such as deteriorating lead-based paint or fire hazards. <br />Notice of Inspection and Entry of Occupied Units <br />Notice of Inspection <br />Unlike most complaint-based inspections, proactive rental inspections are undertaken <br />without a request from the occupant. As a result, notice of a pending inspection serves <br />an array of critical functions. By informing tenants about the purpose and process of <br />inspections, notice can allay tenant fears, prepare tenants for a stranger to arrive at <br />door, and encourage tenants to permit entry. Giving tenants notice of the scheduled <br />date and time of an inspection can also increase the likelihood that a tenant will be <br />home and available to permit the inspector to enter. Notice also provides localities with <br />an opportunity to educate tenants and landlords about their rights and duties under <br />the law. Finally, notice can alleviate some privacy concerns that residents may have by <br />giving them the opportunity to, in advance of inspections, store personal items that are <br />unrelated to code enforcement. <br /> Practice Tip <br />Programs that only conduct <br />inspections during vacancies will <br />overlook units in poor shape, fail to <br />discover conditions that residents <br />might point out, and offer little <br />protection to long-term tenants. <br />In addition, because there is no <br />tenant to verify that needed repairs <br />are made, the locality may need to <br />spend additional resources checking <br />to make sure that property owners <br />comply with repair orders, or repairs <br />may not even be made. <br />Boston’s program originally provided <br />for inspection upon change in tenancy <br />and depended on owners to report <br />turnover to the city.82 Notably, under <br />that program, 98 percent of the city’s <br />20,000-plus inspections were the <br />result of tenant complaints rather <br />than reported turnovers. Boston <br />revised its program in 2012 to address <br />this issue, adding regular inspections <br />to all non-exempt rental properties.83
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