The Healthy Homes Guarantee Pilot Program
Pilot Overview
The rental licensing and inspection pilot program only applies to single-family homes and duplexes in the West Central Neighborhood. (Sect 75-1)
The rental licensing and inspection pilot program does not apply to Section 8 housing or college dorms. (Sect 75-22)
Licensing Requirements & Protocol
It is unlawful to own long-term rental property without a rental license. (Sect 75-19, A) A court hearing will be scheduled and a fine between $500 and $2,500 will be charged if a landlord does not obtain a license or has three or more safety violations in a property. (Sect 75-20) A lien will be placed on the property in violation and interest will accrue until fines are paid. (Sect 75-21, D
Licenses must be renewed annually. In order to have a license renewed, landlords must pay relevant fees and pass the most recent inspection. (Sect 75-10)
Rental licenses can be revoked because of:
The severity of the hazardous conditions
The landlord "mitigating and aggravating circumstances"
Being found to have had significant violations in their properties previously. Licenses will only be reinstated if the violations are proven to be fully corrected after a re-inspection. (Sect 75-18)
Like a rental application fee for tenants, rental licensing fees for landlords cannot be refunded if denied. (Sect 75-4, B)
Rental licenses, provided by Building Development Services, must be displayed in the common room, or generally within the unit if there is not a common area, of each licensed rental property and available to the tenant residing there. (Sect 75-7, B)
Landlords are responsible for updating the current status of residency in each of their properties on the city's rental data base, Tolemi, including tenant contact information if occupied. (Sect 75-8, A)
Tenant Protections
Tenants will receive "an Entry Consent" from BDS of an upcoming inspection no later than 14 days prior to the inspection date. If a tenant refuses entry by BDS for an inspection, BDS can seek entry by an administrative-search warrant or "other lawful means". (Sect 75-C, 1-2)
In attempt to minimize inconvenience to tenants, BDS plans to prioritize inspecting units while they are vacant. (Sect 75-11, D)
Inspection Requirements & Protocol
Routine inspections are held every five years. (Sect 75-11, A)
Landlords will pay no fee for initial inspection, only fees for re-inspection. A $25 fee will be applied if the landlord is not present for an inspection or re-inspection. (Sect 75-13)
New constructions are exempt from inspections for 10 years after the final building inspection. (Sect 75-12, C)
Dwelling unit violations are classified under the International Property Maintenance Code (IPMC), but violations may change their stipulations "as necessary to protect the public health, safety, and welfare" while still consistent with the IPMC. (Sect 75-16, A)
Failure to complete inspections results in revocation of a landlord's rental license. (Sect 75-11, B)
General violations must be corrected within 10 days after BDS's notice to the landlord, otherwise, the consequence will be a court order and fines for those violations. (Sect 75-21, B)
If a landlord owns more than 10 rental properties, BDS will randomly select 20% of those properties to inspect-no more than 25 of the total properties. This number will increase by another 20% if seven or more violations are found in any of the initially-inspected properties, and all properties will be inspected if seven or more violations are found in the second sample of properties (Sect 75-12, A).
If similar properties owned by the same landlord are found to have identical violations, that landlord must come up with a "corrective-action plan" within 30 days of the inspection that addresses all violations that will be approved by BDS. If the plan is not offered or it is not approved by BDS, more inspections will be made in similar units. (Sect 75-12, B)
Licensing does not mean a rental property has passed an inspection. Only a "certificate of compliance" indicates that a property has passed inspection and meets the city and IPMC's health and safety code.