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15A Guide to Proactive Rental Inspection Programschangelabsolutions.org While tenants often give consent to the inspector to enter, a tenant may deny consent for any of the reasons mentioned above. Where necessary, PRI ordinances may empower the locality to seek an administrative inspection warrant from a court of competent jurisdiction.108, 109, 110 Scope of Inspection PRI programs must designate whether inspections will include: (1) exteriors of buildings; (2) interior common areas; and/or (3) individual units in a building. Exterior Inspections Many programs include exterior inspection, while some focus exclusively on exterior buildings, yards, and, sometimes, common areas of buildings. Exterior inspections can help to identify nuisances and blighted property, and prevent crime and fires. Analysis of data from the American Housing Survey, conducted by the Census Bureau for the U.S. Department of Housing and Urban Development, has found that exterior and interior conditions are related: the greater the number of certain exterior problems, the more likely that housing has associated interior problems. For example, a sagging roof portends interior problems with pests and moisture.111 However, an exterior inspection alone cannot identify unsafe and substandard conditions, such as electrical, plumbing, and structural problems, that reside within the rental unit or the building’s stairs, hallways, and other common areas.112, 113 Kansas City, Missouri’s program conducts inspections of exteriors of buildings, accessory buildings, and yards; in multi-unit buildings, it also conducts inspections of common areas. It only inspects the interior of units that are vacant at the time of the inspection.114 San Francisco conducts periodic inspections of the exterior and common areas of apartment houses and hotels,115 and will only inspect the interior of dwelling units upon the receipt of occupant complaints, or if it is determined that an interior inspection is reasonably necessary to determine whether a housing code violation exists.116 Practice Tip Education and outreach by municipal and community groups, discussed later, is often an effective strategy for gaining tenant trust and cooperation. MUNICIPAL INSPECTORS OR APPROVED PRIVATE INSPECTORS PRI programs may deploy municipal inspection employees or contractors, or allow licensed third-party inspectors. Many programs, including those in Los Angeles, Fort Worth, and Sacramento, use municipal inspectors. Other localities, including Boulder and Baltimore, require property owners to contract with a licensed home inspector.105 In Boston and Seattle, property owners may use public inspectors or authorized private inspectors.106 These differing practices may proceed from state law, historical practice, or a political or economic decision by a locality not to hire additional municipal employees. For example, in Washington, the state supreme court examined the rental inspection program of the City of Pasco, under which (1) landlords could choose from a range of public or private inspectors and (2) landlords did not need to furnish the city with details of the inspection report – only a certification of compliance based upon inspection.107 The court found that this program did not constitute “state action” or violate state or constitutional protections against unreasonable search. This ruling has affected how other Washington cities have designed their rental inspection programs.