May 16, 2023
Department
DATE: May 16, 2023
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez and Councilmember Doria
Robinson
Subject:
Improvements to Residential Rental Inspection Program
FINANCIAL IMPACT: City Attorney’s Office and staff time to examine the existing contracts, possible ordinance updates, and
options for service improvements.
PREVIOUS COUNCIL
ACTION:
August 2, 2005 (Ordinance 34-05 N.S.) and January 20,
2015 (Ordinance No. 03-15 N.S.)
STATEMENT OF THE
ISSUE:
The City has a Residential Rental Dwelling Unit
Inspection and Maintenance Ordinance (Richmond
Municipal Code Chapter 6.40) that has been active since 2005. Recently, the City Council has received concerns
raised by tenants regarding the program; therefore, the Council would like City staff to work with the City
Attorney’s Office and stakeholders to explore potential ordinance amendments and program improvements to
address the concerns raised.
RECOMMENDED ACTION:
DIRECT the City Attorney’s Office to work with the
Community Development Department and community
stakeholders to update the Residential Rental Dwelling
Unit Inspection and Maintenance Ordinance, including
developing a Tenant Habitability Plan and overall
improvements to the Residential Rental Inspection
Program – Mayor Eduardo Martinez (510-620-6502) and
Councilmember Doria Robinson (510-620- 6568).
AGENDA
REPORT
May 16, 2023
DISCUSSION:
The City of Richmond has a Residential Rental Dwelling Unit Inspection and Maintenance Ordinance (Richmond Municipal Code Chapter 6.40), which requires inspections of certain residential rental properties for habitability and safety standards (Attachment 2). The implementation of this ordinance falls under the purview of the Building Division of the Community Development Department. Currently, the Building Division contracts the inspection and administration of the residential rental inspection to I Sterling and Outsource It, respectively. As such, to facilitate improvements, a review and modification of these consultant contracts may be necessary to enable enhanced compliance and enforcement.
The Residential Rental Inspection Program (RRIP) is designed to ensure that residential rental units are safe, healthy, and suitable for habitability. The severity of potential code enforcement violations varies, from neglected aesthetic repairs to pressing health and safety hazards such as poor weatherization, mold, rodent infestations, improper or outdated electrical wiring, lead paint, etc.
Discussions with Richmond residents and community groups indicate that the language and implementation of this ordinance pose issues for both tenants and landlords, including but not limited to (Attachments 1 and 3):
1. Not all residential rental units in Richmond fall under the program.
2. Landlords can “self-certify” compliance, which creates serious accountability and safety issues.
3. Properties where the rents and tenant incomes on 100 percent of the units, excluding the on-site manager units, are restricted by Federal, State or local government programs for a period of not less than 30 years, and the restricting agency inspects a minimum of 30 percent of the units, at least annually, are exempt from the RRIP program.
4. Many units are never inspected if there is no complaint.
In addition, the self-certification process disadvantages small landlords. Larger corporate landlords have more financial means and resources to keep abreast of State and local laws and can therefore more accurately self-assess code compliance. Small landlords may inadvertently miss needed upgrades and code requirements, despite their best efforts to maintain healthy and habitable premises for tenants.
Suggested changes to the City’s current approach include but are not limited to:
1. Updating Richmond’s Residential Rental Dwelling Unit Inspection and Maintenance Ordinance to require that 100 percent of an owner’s residential rental units are inspected at least once every three years, rather than only a sampling of the units that are supposed to be indicative of the overall quality of the landlord’s properties.
May 16, 2023
2. Evaluating the contracts with I Sterling and OutsourceIt to assess and improve service delivery.
3. Evaluating the ability and costs associated with bringing the inspections portion of the program back in-house, rather than contracting inspections to a consultant.
4. That owners of residential rental units can no longer self-certify compliance.
5. That subsidized residential rental units must also be inspected and no longer be exempt from the RRIP.
6. The creation of a Residential Rental Tenant Habitability Plan, which would clearly define how landlords must mitigate temporary untenantable conditions, either through actions to ensure that tenants can safely remain in place during construction, or through the temporary relocation of tenants to alternative housing accommodations.
DOCUMENTS ATTACHED:
Attachment 1 – Richmond Residential Rental Inspections Presentation from ACCE Attachment 2 – Ordinance No. 03-15 N.S. / Richmond Municipal Code Section 6.40 Attachment 3 – Letter from ACCE Executive Director David Sharples