Proactive Rental Inspection

Overview

Municipalities looking to achieve a greater impact in addressing health hazards in homes will often implement an inspection program that is proactive. In that type of program, units are inspected on a regular basis, rather than depending on residents and property owners to file complaints with the city when a problem arises (known as complaint-based programs). Proactive programs alleviate the burden of reporting and reduce the risk of retaliation against tenants by landlords. Inspecting units regularly can help cities and towns identify issues and target resources in areas of greatest need, enhancing the quality of life and overall wellbeing in their neighborhoods and communities.

💡Pro Tip: Proactive Inspection Scope and Checklists
A proactive inspection is designed to make sure the dwelling is safe and healthy, not that it necessarily complies with the codes in every respect. Cities should adopt and use a checklist for inspections, covering everything essential for health and safety. The checklist should be posted on the city’s website, so landlords can know in advance what’s expected of them during the regular inspection of their property.

Setting the Mark by Being Proactive

Ordinance 1: Baltimore, MD

Population Size: 565,239

Rationale for Inclusion

• Between 1992 and 2016, Baltimore has seen a 97% decrease in elevated blood lead levels in children tested; proactive rental inspections are one piece in a broad array of both preventive and abatement measures that have impacted this result.
• One of the oldest Proactive Rental Inspection (PRI) ordinances on the books, this example has been revised over time to include additional inspections for properties that meet the updated definition of a “priority dwelling,” which covers a range of indicators, including previous violations and 311 calls.
• In this example, all rental units are required to be licensed, and in order to obtain that license, the unit must first pass an inspection, which includes health and safety standards. For many years, Baltimore had required inspections only for buildings with 3 or more units and recently expanded those requirements to include buildings with 1 or 2 units, as well.
• Inspections must be completed by licensed, registered home inspectors who must complete a written report.

Important Considerations

• As with all ordinances, enforcement is a major factor in effectiveness; the updates reflect the City’s efforts to increase accountability and respond to community feedback.
• Baltimore deploys a range of levers to address health and safety impacts, including the above example. Inspections for hazards are one piece of the puzzle: the City has also adopted Lead Hazard Abatement Regulations (PDF), administered by the City’s Health Department.
• The State of Maryland has also adopted state-wide Lead Registration requirements, separate from local requirements; it is important for property owners to understand all requirements across jurisdictions.

Being Proactive Yields Results

Ordinance 2: Rochester, NY

Population Size: 207,224

Rationale for Inclusion

• The Rochester ordinance has key sections that aid in the clarity of the law, such as an overview of the Policy and Intent, Legislative Findings, and Definitions.
• This ordinance has a focus on prevention—finding the lead hazard and remediating by prioritizing likely properties—rather than addressing the hazard after a child has been identified with an elevated blood lead level. Lead poisoning prevention is another policy category that is examined in more detail later.
• This ordinance clearly outlines the expectations and mechanisms for reducing lead hazards by a system of inspection, testing, and remediation.
• Rochester achieved an 85% decrease in lead poisoning rates between 2006 and 2019.
• The City’s website has a Lead Paint Safety page with an FAQ section outlining the requirements and reason for the ordinance in plain language. It provides contact information for program staff for any questions.

Important Considerations

• The ordinance makes it clear that containment of lead-based paint to make the property lead safe is acceptable, with special attention for friction-based components such as doors and windows. This provision is important, because many times homeowners can feel overwhelmed by the idea of removing all of the lead-based paint in a property; if not done according to safety standards, this activity can actually increase the danger associated with lead-based paint.
• Community collaboration was key to the success of the Rochester example. By bringing people together from different sectors of the community and local government, the ordinance more accurately reflects the needs and priorities of residents and other stakeholders.
• There are also important enforcement mechanisms in place:
  

“The lead ordinance is an effective tool because it was built upon a pre-existing property maintenance inspection program. The City of Rochester has a highly trained staff and high standards of quality assurance and accountability. The procedures include random assessments/audits of the city’s own staff, third-party ordinance evaluations, and audits of third-party lead clearance providers. If it is determined that a lead-clearance provider is not complying with local and federal lead inspection procedures, the city can initiate an administrative adjudication process that can result in a refusal to accept clearances from the company for a specified period.”

– Elizabeth McDade, Program Director, Rochester ENergy Efficiency and Weatherization (RENEW)

Implementation Tools & Resources

• ChangeLab Solutions Proactive Rental Inspection (PRI) Model Policy and Toolkit of Resources