Property Inspections – The Pros and Cons

This is Part Two of a two part series exploring both sides of the property inspection debate. Your comments are encouraged.

Property rights and privacy are two concerns cited when discussing property inspections. CIAA President Andrew Timms says: “Common area inspection programs like Champaign’s are fair, but interior inspections oppose the Fourth Amendment. Landlords respect the right to privacy for their clients.”

Urbana’s program allows for the systematic inspection of the interior of all rental units.

Champaign inspectors do not enter individual apartments during a routine common-areas inspection. This is in step with leases that protect privacy by requiring 24 hours notice before the property owner or their employees can enter a unit. However, an inspector may enter an apartment if the tenant invites them in. A grey area has appeared as tenants are reporting that inspectors are “suggesting” they be invited in to inspect units. In these cases, tenants believe they’re supposed to allow the inspection even if they’re uncomfortable with the intrusion.

The consistency in which inspections are conducted is another concern. There have been reports of inspectors looking beyond the established list of inspection criteria to include more esoteric issues such as peeling exterior paint. Of great concern is the application of codes to our historic building stock. Older buildings with their stately porches, brick construction and established trees contribute to the character of our communities. In many cases, however, they do not and can not meet some of the new building codes. One option is to grandfather certain elements that do not pose health or safety threats to the tenants. Consider the ramifications of enforcing a ceiling height code in a historic home’s stairwell. Even though the difference may just be a few inches, the cost to mitigate the issue would be enormous, in some cases exceeding the value of the building. This economic hardship must be considered and applied consistently.

These are some of the reasons your Association is working to require that language for ordinances be extremely clear and specific. Again, all responsible property owners want their tenants to be safe and their buildings to be healthy. They also want the privacy of their tenants respected and the implementation of ordinances to be fair, logical and consistent. What has been your experience?