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2022.02.08 WS Packet
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2022.02.08 WS Packet
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14A Guide to Proactive Rental Inspection Programschangelabsolutions.org <br />Some programs notify property owners and rely on them to give notice to tenants.96 <br />However, the critical goals of notice are better served by providing notice directly <br />to tenants as well; in the cases where housing inspection is most needed to address <br />egregious code violations, landlords may be least likely to communicate notice to tenants. <br />Programs provide notice to tenants by mail, posting notice at the property, or both.97, 98, 99 <br />Tenant Consent to Inspector Entry <br />Under the 4th Amendment to the U.S. Constitution, tenants have the right to be secure <br />in their homes against unreasonable searches. At the same time, state and local police <br />power authorize laws that are reasonably related to the public health, safety, and welfare <br />of residents. The U.S. Supreme Court has recognized that local inspection powers are of <br />“indispensable importance to the maintenance of community health.”100 There is a strong <br />government interest in preventing “even the unintentional development of conditions <br />which are hazardous to public health and safety.”101 <br /> A government agent’s entry into a private home without the tenant’s consent is <br />presumed to be unreasonable, unless there are emergency circumstances or a warrant <br />to justify the intrusion.102 Therefore, an inspector must have affirmative consent from the <br />resident prior to or at the time of the inspection. Programs may allow inspectors to obtain <br />tenant consent for entry at the time of the inspection103 or through a pre-inspection <br />consent form.104 <br />Under a complaint-based inspection program, where the inspection is generally requested <br />by a tenant, securing permission is typically very straightforward. However, under a <br />PRI program, it may be more complicated for inspectors to get consent to enter from <br />the tenant, for a variety of reasons. For example, a tenant may be wary of government <br />inspectors, have privacy concerns, or even not understand why an inspector has come <br />to the residence. Moreover, the tenant may not be able to be present at the time of an <br />inspection due to work or other obligations. <br /> Practice Tip <br />Notices should be clearly worded <br />and provided in a manner that takes <br />into account language and other <br />communication barriers.94 <br />In developing notices and other <br />materials to support a periodic rental <br />inspection program, it is important <br />to look at local government policies <br />for guidance on language access. <br />Depending on the applicable federal, <br />state, and local laws, translation of <br />the notice into commonly spoken <br />languages may not only be a best <br />practice, it may be a requirement. <br />LANDLORD ENTRY <br />States often have laws defining the <br />reasons for which a landlord may <br />enter a rental property, and the <br />amount of notice a landlord must <br />provide to a tenant before entry. <br />Whether rental housing inspection <br />is a permissible reason for entry <br />depends on state and local law, and <br />this should be considered in designing <br />a proactive rental inspection <br />program. <br />In addition to the legal question, there <br />are also practical considerations <br />that may impact whether a PRI <br />program encourages or requires <br />landlord presence at inspections. <br />Tenants may be intimidated and not <br />feel comfortable talking openly with <br />an inspector in the presence of the <br />property owner or manager.95 This <br />dynamic may reduce the ability of the <br />code inspector to effectively identify <br />substandard living conditions.
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