Landlords may be penalized for failures
The Board of Supervisors this week tentatively approved an overhaul of its rental housing inspection program and enforcement policies, including inspections every four years of all rental units in unincorporated areas and penalties for landlords who fail to correct deficiencies.
The board unanimously supported an update of the Rental Housing Habitability and Rent Escrow Account programs, including authorizing staff to execute service contracts needed to implement the programs, as well as conduct outreach and education to renters and landlords.
Under the ordinances backed Tuesday–but which must return to the board for a final vote in 30 days–the county will require all rentals to be routinely inspected once every four years under its Rental Housing Habitability Program. The program would be on top of complaint-based inspections.
In addition, changes to the Rent Escrow Account Program will allow rent reductions on properties that do not timely correct violations of habitability standards. In other words, if a landlord does not address certain issues in a timely manner, for example mold, tenants can request a reduction in their rent through the county program until the problem is addressed.
Landlords who fail to fix code violations could have their properties placed into REAP, and tenants would pay their rent into an account withheld from the landlord until the issues are addressed.
The county's proposal is similar to inspections and enforcement procedures that have been in place in the city of Los Angeles since 1998.
The changes are intended to centralize and expand the county's inspection process and maintain compliance with state and county habitability requirements, according to a report from Dawyn Harrison, county counsel.
They will also create the position of a county housing program chief, who will administer and enforce the programs. Harrison noted REAP is intended to hold violators accountable.
As part of the Rental Housing Habitability Program, inspectors will review units for issues such as waterproofing; working plumbing and gas; appropriate water supply and pressure; operable ventilation systems in bathrooms; mold; and infestation by insects such as cockroaches or bed bugs.
In the initial year of enforcement and implementation, costs will be covered by fees. The RHH Program includes an annual $86 per unit fee that will be included as part of the rental property's annual tax assessment, according to a county memo. Landlords will be permitted to pass 50% of the fee on to the tenant.
Landlords who've had their property placed into REAP would face an administrative fee of $137 per rental unit per month until they clear violations.
The ordinances will take effect in six months.
Supervisor Kathryn Barger said she supports the new ordinances, but said she remains concerned about placing additional financial burdens on “mom and pop'' landlords.
“Landlords need to be held accountable, but I've also heard loud and clear from small mom and pop landlords who are struggling to keep their rental properties afloat,'' Barger said in a statement after the vote.
