DC DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS (DCRA)
PROACTIVE HOUSING INSPECTION PROGRAM

Pilot program effective May 1, 2009
Citywide inspection program effective October 2009

WHAT IS THE PROACTIVE HOUSING INSPECTION PROGRAM?

• May 1 – Small Buildings: DCRA launched a new proactive housing inspection program on May 1 by focusing on 250 properties with 3-49 units as part of a pilot program.  
• October 1 - Large Buildings: Target date for DCRA to begin inspecting buildings with 50 or more units. The agency expects to commence these inspections during the third week of October. DCRA has begun mailing the notices.
• Inspection Protocol for Buildings with 50+ Units:  The program originally proposed delegating certain inspection functions to the Office of Tenant Advocate (OTA) (ex. scheduling inspections for large buildings, verifying basic business license, certificate of occupancy, building registration, etc.)
• Due to the success of the pilot phase, DCRA will not utilize OTA for the proactive inspections.  OTA does assist DCRA with complaint-driven building-wide inspections and it will continue to perform this function.
• How are buildings identified for inspection?  DCRA, using basic business licenses, is conducting inspections based on the street address of a property.
• Tenants can also submit units: DCRA is also working with tenants to reach the required number of units to be inspected for a building. Thus, tenants can elect to have their units inspected as part of the proactive inspection program. If a tenant contacts DCRA 24-48 hours prior to the scheduled proactive inspection of a building, DCRA will attempt to accommodate the tenant’s request.
• Random Unit Selection:  DCRA will select random units from its database for proactive inspections. Please note that DCRA will inspect occupied and vacant units.
• Benefits: Properties that pass the inspection or where any cited violations are abated before reinspection will be placed on a 4-year reinspection schedule. Such properties will also receive a certificate of compliance which the owner/property manager should post in a visible location at the main entrance of a building. All other properties will be placed on a 2-year reinspection schedule.

INSPECTION PROTOCOL

Notification/Scheduling: DCRA will post a notice on the building in addition to sending a letter that notifies the housing provider of the inspection date. Housing providers should receive DCRA’s letter at least 30 days prior to the inspection date.

• What if my company owns/manages a multi-building complex? Can DCRA schedule the inspections on the same date? Yes. Rather than schedule separate building inspections, DCRA can schedule a same-day inspection for a complex or multiple address community with a common owner or property manager.

  Please forward a list of multi-building properties with the building addresses and the name of the complex to DCRA.  The agency will use this information to schedule inspections and to assign the necessary number of inspectors. See sample format below.

  AOBA Manor Apartments
  Address	Total Number of Units
  1050 17th Street, NW	30
  1051 17th Street, NW	15
  1053 17th Street, NW	25
  TOTAL PROPERTY UNITS	70

  • Contact Gloria Shelby, DCRA Inspections Supervisor at Gloria.Shelby@dc.gov
  • CC: Nicola Whiteman, AOBA, NWhiteman@AOBA-metro.org
• Geographic Location: If you have properties that are in close proximity to each other (for example, on the same street) but not part of a complex, it still might be possible to schedule inspections for these properties on the same date. However, housing providers must provide this information to DCRA as soon as possible to allow DCRA sufficient time to incorporate this information into the inspection schedules.
• Contact Gloria Shelby, DCRA Inspections Supervisor at Gloria.Shelby@dc.gov
• CC: Nicola Whiteman, AOBA, NWhiteman@AOBA-metro.org
• Proactive Inspection Schedule
• Fall 2009 Inspection Schedule: Please click on the following link to view the October inspection schedule DCRA October Proactive Inspection Schedule.

• DCRA Contact – Inspection Schedule- Gloria Shelby, Inspections Supervisor, Gloria.Shelby@dc.gov  --- Members should contact Ms. Shelby with any questions regarding a scheduled inspection for your property.
• Who must be present? DCRA inspectors must be accompanied by a management representative in order to enter a unit.
• Proactive Inspection Tenant Consent Form:  DCRA can only enter those units for which the owner/property management company has secured a tenant-signed consent form. By completing and signing the form, the tenant authorizes the owner/property management company and its representative to provide DCRA with access to the unit for both the initial inspection and any necessary reinspection. The tenant will not have to be present at the time of the inspection if there is a valid, signed consent form.
• A copy of the consent form is included with this Action Alert. Members will also receive a copy with the DCRA notification letter. AOBA members should distribute and collect the tenant consent forms well in advance of the scheduled inspection date.
• ***Housing Provider Must Contact DCRA*** At least 15 days prior to the scheduled inspection, the housing provider must contact DCRA and inform the agency that it has secured signed consent forms for the required percentage of unit inspections.
• How many inspectors will be assigned to my property? DCRA will indicate the number of inspectors assigned to your property in the written notice.
• Property contact information: When housing providers contact DCRA, they should also provide their contact information for the inspection date. DCRA, inspectors plan to call property managers at the number provided approximately 1-hour prior to their arrival.
• When will DCRA inspectors arrive at the property? The inspection time will be noted on the written notice.
• How long will DCRA be at my property? There is no fixed amount of time as this depends in part on the condition of the property. DCRA recommends that housing providers examine their property prior to the inspection date.
• Which codes will the inspectors cite? Inspectors will cite both the Property Maintenance Code and Title 14 of the DC Municipal Regulations (DCMR).
• What happens if there is a conflict between Title 14 of the DCMR and the Property Maintenance Code?  The more restrictive will apply. Members can also contact Don Masoero the Chief Building Official by phone or by e-mail:

  Don Masoero, CBO
  Chief Building Official, DCRA/ICA
  1900 Massachusetts Avenue, S.E. - First Floor
  Washington, D.C. 20003
  Phone: (202) 481-3545 Fax: (202) 478-5751
  E-Mail: Don.Masoero@dc.gov

• How many units will be inspected? DCRA will inspect a percentage of units based on building size. However, if inspectors find egregious code violations, they reserve the right to request entry into 100% of the occupied units in a building. See DCRA Violation Classes for examples of egregious code violations.

  Total Units in Building	Unit Inspections Needed to Issue Certificate
  3-4	50 percent of total
  5-49	30 percent of total
  50+	15 percent of total

  Inspection Protocol for Multi-Building Complex: DCRA has indicated that the inspection process for complexes requires the agency to conduct inspections in every building on the campus. This means that DCRA will inspect the infrastructure, exterior, common areas and mechanical systems of every building located on the campus, and inspect 15% of the total number of units in the complex.

• Abatement periods: Depending on the nature of the violation, there are three abatement periods: (1) one-day; (2) 15-days; and (3) 30-days. Based on the inspections conducted to date, DCRA inspectors are encountering housing code violations which warrant either a 1-day or 30-days abatement period. It is still possible that the agency may encounter a property with housing code violations that must be abated within 15-days.
• Access to Units/Buildings for Re-Inspection: DCRA will post the building 5 to 7 days before the 30-day re-inspection is scheduled. This will give both owners and tenants adequate notice as to when DCRA will be returning to conduct the re-inspection and an opportunity to help the agency access any units that were unavailable on previous re-inspection dates. Should you receive a notice of violation which allows a 1-day abatement period, DCRA will contact the owner/manager to coordinate rescheduling the reinspection.
• Will the same inspector conduct the initial inspection and the re-inspection, where necessary? Yes. The same inspector will be responsible for both the initial inspection and any required re-inspection.

INSPECTION FEE SCHEDULE

• Program Fee: The District’s FY 2010 budget imposes a biennial charge of $35/unit for rental accommodations of three units or more not to exceed $2,000 biennially. The funds will be deposited into the District’s Nuisance Abatement Fund to finance DCRA’s cost to administer the proactive housing inspection program. The program fee will be reflected in the basic businesses license renewal fee. The anniversary date for most AOBA members is October 31, so members should receive begin receiving the renewal notices in early-October. Note: Some AOBA members have already received their housing license renewal notice and paid the requisite fee. These members will receive a separate bill for the proactive housing inspection fee. This is the only year when housing providers may receive two notices or bills from DCRA.
• Re-inspection Fee: DCRA will impose a $90 inspection fee on owners who fail to provide entry into common areas or units on inspection day.
• When will DCRA impose the penalty? DCRA indicated that the agency would not seek to impose the $90 penalty immediately. Rather, the penalty will not be assessed until the notice of violation becomes a notice of infraction (NOI). The property owner will have sufficient time up to the issuance of the NOI to provide the required access.

EXEMPT PROPERTIES – LIHTC, REAC PROPERTIES, SECTION 8 UNITS

Low Income Housing Tax Credit (LIHTC) and REAC properties, and Section 8 units will not be inspected as part of the proactive inspection program. With notice, DCRA will remove these properties from their inspection schedule as these properties are subject to comparable inspection requirements.

• Who should I contact if I have a LIHTC or REAC property or Section 8 units?
  Gloria Shelby, Inspections Supervisor, Gloria.Shelby@dc.gov
• When e-mailing Ms. Shelby, please cc:
  Carol Washington, DCRA Chief of Staff: Carol.Washington@dc.gov; and
  Nicola Whiteman, AOBA: NWhiteman@aoba-metro.org.

INFORMATION FOR DCRA PROACTIVE HOUSING INSPECTION PROGRAM

• DCRA Proactive Housing Inspection Program Summary
• DCRA Proactive Housing Inspection Program Website
• Sample DCRA Inspection Letter to Housing Provider
• Proactive Inspection Tenant Consent Form: DCRA has also translated the proactive inspection tenant consent form into the following languages:
• Korean Proactive Inspections Consent Form*
• Vietnamese Proactive Inspections Consent Form*
• Chinese Proactive Inspections Consent Form*
• Amharic Proactive Inspections Consent Form*
• DCRA Proactive Posting Notices to Tenants
• English Version
• Spanish Version
• Overview of District Housing Regulations & Most Frequent Complaints

If you have any questions, please contact Nicola Whiteman via e-mail at NWhiteman@aoba-metro.org or by calling (202) 296-3390.