Section 10-571.03 - [Not funded.] Proactive inspections; units inspected; consent of tenants(a) For purposes of a proactive inspection, a code official shall inspect the exterior, all common interior areas, and individual units in a property.(b)(1) The number of units inspected in a multifamily rental housing property shall be calculated as follow:(A) At least 50% of units in a property with 25 units or less;(B) At least 40% of units in a property with 26 to 49 units;(C) At least 30% of units in a property with 50 to 199 units; and(D) At least 20% of units in a property with 200 or more units.(2) If the property contains more than one level, at least one unit on each level shall be inspected.(3) All vacant units shall be inspected for purposes of a proactive inspection, but shall not count toward the percentages in paragraph (1) of this subsection.(4) A multifamily rental housing property that comprises a multi-building housing complex shall be treated as a single property for purposes of determining the percentage of units that shall be inspected pursuant to paragraph (1) of this subsection.(c)(1) The Director shall notify the property owner or property manager of a proactive inspection and use best efforts to post notice of a proactive inspection at the property at least 60 days before the scheduled inspection date. Notice is presumed effective if provided to any e-mail address on file with the Department in relation to the business license for the property.(2) If a property owner does not consent to a proactive inspection after receiving notice from the Director pursuant to paragraph (1) of this subsection, the Director may apply to a judge of the District of Columbia for an administrative search warrant to conduct the inspection.(3)(A)(i) The Department shall provide tenant inspection consent forms on its website, and property owners shall be responsible for accessing these forms as needed.(ii) The Department shall provide consent forms in all languages covered by section 4 of the Language Access Act of 2004 (D.C. Law 15-167; D.C. Official Code § 2-1933).(B)(i) Consent forms shall advise tenants of the purpose and importance of the Department's proactive inspection program and that: (I) A code official with the Department will enter the unit for purposes of performing a proactive inspection if the tenant provides consent by signing the form;(II) The inspection will occur on a specifically identified date and an approximate time; and(III) The tenant has the right to see the code official's identification before the code official enters the unit.(C)(i) A property owner or manager shall make a good faith effort to obtain written consent from tenants of the units that have been selected by the Department for inspection at least 25 days before the scheduled inspection date.(ii) If a property owner or manager knows or reasonably should know that the tenant speaks a primary language other than English that is covered under section 4 of the Language Access Act of 2004 (D.C. Law 15-167; D.C. Official Code § 2-1933), the property owner or manager shall provide the consent form to the tenant in that language.(iii) Completed consent forms shall be transmitted to the Department at least 25 days before the date of the scheduled inspection.(iv) Absent emergency circumstances or an administrative search warrant, no proactive inspection shall occur of any unit for which the tenant has withheld consent.(D) When a tenant does not return a signed consent form provided by the property owner or manager, the Director may provide the property owner or manager with another unit to inspect; provided, that the failure to obtain the requisite number of tenant consent forms shall not result in a delay or rescheduling of the proactive inspection of units for which tenants have provided consent.(d) A tenant may request that his or her unit be subject to a proactive inspection if he or she does not receive a consent form pursuant to subsection (c) of this section. The request may be made in writing or orally to the property owner, manager, or the Department.(e) The Director shall publicly post a list of properties and units to be proactively inspected at least 60 days prior to the scheduled inspection.(f) A property owner or manager must be on the premises during inspections, and an authorized agent or employee of the property owner or manager with means to access each unit scheduled for inspection must accompany the code official during the inspection.(g) If 2 or more units selected for inspection, or 20% or more of the inspected units, whichever is greater, are each found to have four or more class 1 civil infractions pursuant to 16 DCMR § 3200.1, the Director may require that up to 100% of the units at the property be inspected.(h)(1) When it is necessary to make an inspection to enforce the provisions of the Construction Codes or the Housing Code, including for purposes of a proactive inspection, the code official is authorized to enter the premises, or any part thereof, at reasonable times to inspect or to perform the duties imposed by the Construction Codes or the Housing Code, subject to applicable law, including subsection (c) of this section. This authority includes situations when the code official has reasonable cause to believe that a condition exists in or upon a premise that is contrary to or in violation of the Construction Codes or the Housing Code. When attempting to gain entrance for inspection, the code official and authorized representatives thereof shall present official credentials.(2) With respect to the inspection of an occupied residential portion of any premise under the exclusive control of a tenant, the code official shall not enter that portion of the premise without first having obtained permission from the tenant or other person of suitable age and discretion who resides there, unless the code official has:(A) A valid administrative search warrant which permits the inspection;(B) A reasonable basis to believe that an imminent danger to the public health, safety or welfare exists requiring immediate entry into that portion of the premises.(3) Any person who interferes with the code official in the performance of authorized duties or prevents or refuses to allow the code official to enter a premises or any portion thereof for inspection in the performance of authorized duties, is in violation of the Construction Codes and the Housing Code.(4) If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.Added by D.C. Law 25-141,§ 4, 71 DCR 001466, eff. 3/23/2024.