Rental Housing Habitability Inspection Guide

TABLE OF CONTENTS

I. INTRODUCTION

Environmental Health's Rental Housing Habitability Program (RHHP) aims to ensure that all homes rented within the Los Angeles County unincorporated areas meet health and safety requirements set forth in both State and County regulations. This is accomplished through periodic scheduled inspections of applicable Rental Housing Properties and Rental Housing Units every four years.

Purpose of the RHHP Inspection Guide

This guide is intended to assist Environmental Health inspectors, regulators, landlords, managers, and tenants to better understand the violations observed during the inspection process and the overall Rental Housing Official Inspection Report (RHOIR). The RHHP Inspection Guide is meant to outline the basic requirements for maintaining tenable housing by Landlords or their Representatives. It is also a guide for Environmental Health inspectors in documenting in the RHOIR all violations observed during the inspection process.

The information in this guide may not address all circumstances or violations observed during an inspection or complaint investigation. However, RHHP staff will remain responsive to Landlords, Tenants, and any interested parties, to educate the public regarding the science behind health code violations. If you have questions regarding the violations marked in the inspection report, actions taken by the inspector, or any applicable law or regulation, please contact the telephone number on the inspection report.

NOTE: This guide is subject to change based on changes to law and when further clarification is warranted.

Authority

The Environmental Health Division is the regulatory agency responsible for enforcing the Los Angeles County Code, sections of the California Health and Safety Code, and sections of the California Code of Regulations through annual routine inspections of apartment buildings with 5 or more units. To ensure that each building/dwelling unit is compliant with these codes and regulations, unannounced annual inspections and complaint investigations of apartment buildings are conducted by the Environmental Health Specialist (EHS). The EHS will also investigate complaints at unlicensed properties (less than 5 units).

Authority

Inspectors will enforce the California Health and Safety Code, California Code of Regulations Title 25, and the requirements of Los Angeles County Code Title 8 and Title 11.

II. COMMON TERMINOLOGY

The following terms are intended to assist in understanding this guide.

Administrative Hearing is a formal proceeding that is scheduled when there is non-compliance to evaluate evidence gathered during the inspection and re-inspection process. All concerned parties are represented during the Hearing and a determination is made regarding future handling of the case.

Complaint Inspection is an inspection that is conducted in response to a tenant report of substandard living conditions.

County is Los Angeles County.

County Housing Program Chief is the Director of Public Health or their duly authorized representative.

Critical Violation is any violation that poses a significant danger to health and safety.

DCBA is the Los Angeles County Department of Consumer and Business Affairs.

DPW is the Los Angeles County Department of Public Works.

DRP is the Los Angeles County Department of Regional Planning.

Emergency Violation is a violation that may pose an immediate danger to the health and safety of occupants which requires immediate corrective action and compliance will be verified within 24 hours.

Enforcement Agency is the Los Angeles County Departments of Public Health, Consumer and Business Affairs, Fire, Public Works, Regional Planning, and/or any other governmental agency that enforces habitability, building and safety standards, or compliance with health, safety, or housing laws.

Hearing Officer is the assigned individual who will hear and decide on the issues presented during the administrative hearings.

Inspector is a County employee who has training in the investigation, detection, and enforcement of violations of laws related to public health, safety, and welfare under the provisions of Chapter 8.53.

Integrated Pest Management means ongoing prevention, monitoring, and pest control activities, including reasonable efforts to eliminate pests from any rental housing property and/or unit under this chapter. This includes maintaining the Rental Housing Property and Unit in a sanitary condition, elimination of harborages and conditions conducive to pests, the use of traps, and, when necessary, the use of pesticides.

Landlord is an owner, lessor, sublessor, or any other person entitled to offer any Rental Housing Unit for rent or entitled to receive rent for the use and occupancy of a Rental Housing Unit, and the agent, representative, or successor of any of the foregoing.

Local Contact Representative is a person designated by the Landlord to act on behalf of the Landlord for all purposes under this Chapter, including the acceptance of service of all notices from the County Housing Program Chief and the County REAP Administrator.

Non-Critical Violation is any violation that does not require urgent or immediate action.

Notice of Routine Inspection is a written notice of the date and time that a routine inspection will be conducted, and provided in writing, to the Property Owner, or the Property Representative.

Notice of the Right to Refuse is a written notice provided to the Landlord or Local Contact Representative exercising their right to refuse consent for inspection and to seek pre-compliance judicial review without the threat of imposition of any fine or penalty.

Nuisance means any of the following: (A) any public nuisance known to common law or equity jurisprudence, and whatever is dangerous to human life or detrimental to health; B) Overcrowding a room with occupants; C) Inadequate or unsanitary sewage or plumbing facilities; D) Insufficient ventilation or illumination; E) Uncleanliness, or anything that renders air, food, and drink detrimental to the health of human beings.

Order or Orders means the following of all directives or notices to comply, correct, or abate a condition or violation issued by an Enforcement Agency or contained in the Official Inspection Report.

Pre-compliance Judicial Review is a Right exercised by the Landlord or Tenant to request a judicial review, that may involve extenuating circumstances, that can be requested in any court located in the County of Los Angeles, prior to a scheduled Routine Inspection.

REAP is the Rent Escrow Account Program.

Reinspection is a follow-up inspection conducted to determine compliance with violations that were noted during an inspection to ensure correction and abatement.

Re-Inspection Date is a date established by the enforcement agency to abate -violation(s) documented on the inspection report.

Rent Registry System is the system by which the Los Angeles County Department of Business and Consumer Affairs, tracks all rental properties within Los Angeles County.

Rental Housing Official Inspection Report (RHOIR) is the report written by the inspector after the inspection of a Rental Housing Property and/or Unit that contains directives, observations, and any additional comments that require correction, repair, or abatement by a specific date.

Rental Housing Property is a parcel of real property, reflected in the current Los Angeles County Assessors map, and receives an annual assessment from the Tax Assessor's Office.

Rental Housing Unit is a building or portion of a building that is rented or leased to Tenants for residential purposes, and which is owned in whole or in part by a landlord.

Routine Inspection is a scheduled inspection that occurs once every four years of a Rental Housing Property and all Rental Housing Units, to determine whether these areas meet the minimum standards required for health and safety, required by State law and local ordinances.

Substandard Dwelling is any dwelling or apartment house which, through lack of maintenance or repair, may constitute a threat to public health and safety.

Tenant is a subtenant, lessee, sublessee, or any other person, excluding ground lease lessees, entitled under the terms of a lease or other oral or written agreement between the Landlord and Tenant establishing the terms and conditions of their legal right to the use or occupancy of any Rental Housing Unit.

Underlying Defects is a condition observed within the building structure, directly effecting the habitability of any part of the property. Such defects may be the result of failure to address maintenance of the structure or components such as pipes, wiring, structural integrity, or unsanitary issues arising from the ongoing effects of such defects.

Unincorporated areas are areas in Los Angeles County outside the jurisdictional boundaries of incorporated City entities.

III. PRIOR NOTICE AND PLACARD POSTING REQUIREMENTS

Notice of Routine Inspection to Landlord

The County Housing Program Chief will mail a Notice of Routine Inspection (NRI) Packet to the Landlord. The Notice of Routine Inspection will be sent at least 30 days prior to the scheduled inspection date. The NRI Packet will also include the Placard, Tenant Notice of Consent and an Introductory letter describing the upcoming inspection process. A landlord may request to reschedule a routine inspection once every four years by calling the office of the RHHP Chief or by providing written notice to the County Housing Program Chief at least fourteen (14) calendar days prior to the scheduled inspection date. An inspection may only be rescheduled to a date within thirty (30) calendar days of the previously scheduled routine inspection date.

Notice of Routine Inspection Placard

When the Notice of Routine Inspection is sent to the Landlord, it will contain a Notice of Routine Inspection Placard. The Landlord is required to post the Notice of Routine Inspection Placard in multiple conspicuous places throughout the Rental Housing Property no later than 24 hours after receipt. This is to allow the Tenant time to contact RHHP office with questions or concerns or request additional information. The RHHP staff will verify that the Notice of Routine Inspection has been properly posted, and if not posted, RHHP staff will post the Notice of Routine Inspection. All Notices regarding Entry into units must be posted at least 24 hours prior to inspection in accordance with California Civil Code § 1954(d).

Tenant Unavailable for Inspection

A Tenant who will not be available during the inspection can provide consent for the RHHP inspector to enter the Rental Unit to conduct an inspection or reinspection. A Tenant can contact the RHHP office via phone, email, or walk-in with questions or concerns that they would like addressed during the inspection. If the tenant is unavailable, the tenant must complete the "TENANT CONSENT TO ENTER UNIT FOR HOUSING HABITABILITY INSPECTION" form, giving the landlord or other representative, along with the inspector(s) consent to conduct an inspection in the Rental Unit.

Refusal to Allow Inspection

Both the Landlord and Tenant may object to the inspection notice by applying for a pre-compliance judicial review at least ten calendar days before the inspection date provided on the Notice of Routine Inspection Placard, in any Los Angeles County Superior Court. A person seeking pre-compliance judicial review shall follow the applicable court rules, including providing the time, content, and service of the notice to the RHHP Chief.

Inspection Warrant

When the inspector is unable to gain access or is denied entry into a Rental Housing Property and/or Unit to conduct an inspection, sections 1822.50 through 1822.57 of the California Code of Civil Procedure may be used to obtain an inspection warrant to order the inspection/investigation. The Tenant and the Landlord or Local Contact Representative will be notified that a warrant has been issued at least 5 days prior to the warrant's execution.

NOTICE OF INSPECTION WARRANT, including the name of the Judicial Officer and their Department Address, will be clearly posted by the department in the common areas of the building. The Landlord or Tenant may refer to the posted placards for further information. Before the date the warrant is due to be executed, the Landlord, Local Contact Representative, or Tenant may request judicial review of the inspection warrant from the officer who issued the warrant.

If there is a reasonable cause to believe that a Rental Housing Property and/or Rental Housing Unit is hazardous, unsafe, and dangerous to human health and safety, an immediate inspection is required to protect the safety and well-being of the public. The inspector shall have the right to immediately enter and inspect the premises by use of any sensible means necessary to effect entry.

IV. INSPECTION SERVICES

Education to Landlord and Tenant

All Rental Housing Properties and Rental Housing Units within the scope of Los Angeles County Code 8.53.040 are subject to inspections, to determine whether they meet the minimum health, safety, and welfare standards as required by State law and local ordinances. Inspections will provide Landlords and Tenants with the opportunity to asks the inspector specific questions or ask for information regarding best practices related to maintenance, cleaning, sanitation, ventilation, and habitability.

Inspection Frequency Guidelines

A routine inspection will be conducted at least once every four (4) years. Environmental Health may inspect more frequently due to a significant risk of violation(s). The reasons/circumstances for more frequent periodic inspections may include the following:

• The extent and seriousness of the current violations.
• The history of violations at the property during the past four years.
• The compliance record of the persons or entities who own, manage, or control the property in the past four years.
• Any other criteria determined by the County Housing Program Chief to indicate the existence of health or safety violations.

INSPECTION TYPES

Routine Inspection

Inspectors will conduct routine inspections on a scheduled date, during normal business hours (8:00 am to 5:00 pm, Monday through Friday), as required by the Notice of Routine Inspection. Prior to beginning the inspection, the inspector will meet with the Landlord, introduce themselves, present departmental-issued identification, explain the process of the inspection and answer any questions. The Landlord or a maintenance staff member, may accompany the inspector.

The inspector will knock on each door, and request permission to enter. If the Tenant cannot be available for the inspection, the Landlord may produce a signed consent from the Tenant, allowing the inspector access to the unit. The Landlord shall provide access to the premises, utility rooms, common areas used by the tenants, such as hallways, laundry room, clubhouse, recreation areas, refuse area, and every allowable Rental Housing Unit.

The inspector will conduct a thorough inspection of every occupied unit where an adult is present and those where the Tenant is unavailable but has completed a Tenant Notice of Consent. When the Tenant is available, the inspector will identify themselves to the tenant, state the purpose of the visit, and request consent to enter the unit. If the Tenant has not contacted the RHHP prior to the inspection, the inspector will ask the Tenant if they have any concerns about their unit. As part of the inspection, the inspector will enter every room to determine compliance with habitability codes. The inspector will access cabinets, closets, and other areas of the unit. The inspector will not access the tenant’s personal possessions, such as a dresser, desk, or nightstand. The inspector will also not move furniture, climb ladders, or access crawl spaces under buildings. If any violations are observed, a reinspection date will be specified on the RHOIR. The Landlord is responsible for correcting the violations by the specified reinspection date.

For conditions that are not under the jurisdiction of Environmental Health, a referral will be made to the appropriate enforcement agency, and information will be shared with the tenant and Landlord, the referral and the conditions that warrant the referral to another regulatory agency shall be documented in the Overall Comments section of the RHOIR.

Upon completion of the inspection, the inspector will discuss observed violations with the Landlord. For inspections scheduled over multiple days, the inspector will discuss the emergency violations that require immediate abatement at the completion of each unit inspection and may discuss the remaining violations at the conclusion of the inspection of all units. The inspector will also state all tentative reinspection dates. This includes any emergency violations observed during the inspection.

Complaint Investigations

Complaint-based inspections will be conducted to address habitability issues that arise between routine inspections as reported by the tenant. Complaint investigations for any emergency violations that pose a serious health risk, will be investigated on the same day, and reinspection for correction will be followed up within 24 hours. All other violations will be investigated within seven (7) days. While conducting complaint investigations, the inspector may determine whether adjacent units are likely to be involved and if an infestation, or underlying defect is suspected, the inspector is required to request to inspect neighboring units.

V. UNDERSTANDING THE RENTAL HOUSING OFFICIAL INSPECTION REPORT

The Rental Housing Official Inspection Report (RHOIR) (Appendix A) is the official document that is used by the inspector to document the violations observed during an inspection, provide directives to the Landlord, Local Contact Representative, and/or the Tenant with instructions on how to bring the Rental Housing Property and Units into compliance. These marking instructions may not be all-inclusive as properties and severity of violations can vary from the guidelines established in this document.

Sections of the Rental Housing Official Inspection Report

The inspection report is divided into seven (7) sections: Header; Violation Category; Violation Details; Overall Inspection Comments; Units Inspected/Units Refused; Owner Disclosures; and Advisories/Warnings.

1. Header - The top section of the RHOIR which identifies property details, including the property name, Landlord, and Rental Housing Property address. It also includes the inspection details, including the inspection date, service performed, whether a re-inspection is required, and if applicable, the re-inspection date.
2. Violation Category - Portion of the RHOIR where violations of specific requirements are marked either priority or other and if located in the dwelling unit or in the common premises.
3. Violation Details - The section of the RHOIR where the violation is detailed with the requirements of the law, the instructions for corrective action, and the inspector's observations, including the units where violations were found. Initial RHOIRs will document violations by violation type, however, a future version of the RHOIR will document the violations by Rental Housing Unit.
4. Overall Inspection Comments - The section of the RHOIR where the inspector documents pertinent information, including the purpose of the visit, referral notations, whether the case is being referred to the County Housing Program Chief for enforcement action, and how the report was sent to the Landlord or Local Contact Representative.
5. Units Inspected/Units Refused - The section of the RHOIR which documents the total number of rental units, the units that were not available for inspection, the total number of units inspected, and the number of units without violations. This section will also contain the units that refused inspection and the reason for refusal.
6. Owner Disclosures - The section of the RHOIR which provides reporting instructions in the event of improper solicitations by the inspector, and information regarding compliance.
7. Advisories/Warnings - Portion of the RHOIR which provides information from the California State Franchise Tax Board, Lead Correction Advisory, and other Indoor Environmental Hazards.

VI. VIOLATION CATEGORIES

VII. REINSPECTIONS

All rental units where violations were observed, will be reinspected for compliance 21 days following the routine inspection. Reinspection's to verify the elimination of mold, water leaks, or repair of structural components, are required prior to enclosing the walls, ceilings, or floors.

If the Landlord is actively pursuing corrections that are not yet complete, the Landlord may request a 30-day extension. The written request for a 30-day Extension must be submitted to the County Housing Program Chief with written justification in the form of repair orders or accepted bids. The 30-day extension may only be granted by the County Housing Program Chief when justification is provided, and it is highly likely that all violations will be abated prior to the end of the second extension period.

If during the reinspection, the inspector does not find evidence of significant progress towards compliance, the inspector will issue an RHOIR to the Landlord, documenting the outstanding violations, as well as the violations that cannot be confirmed as being corrected. The Landlord will be informed that the case may be referred to the Hearing Officer for an Administrative Hearing to determine if the property should be entered into REAP.

• VIII. APPENDIX A - RHOIR
• IX. APPENDIX B - INTEGRATED PEST MANAGEMENT
• X. APPENDIX C - REFERRALS TO OTHER COUNTY AGENCIES
• XI. APPENDIX D - COMMUNITIES OF UNINCORPORATED LOS ANGELES