The Rental Housing Safety Program - Are you in Compliance?

The Rental Housing Safety Program is a crucial aspect of property management in Berkeley. This program mandates that all rental units, regardless of size, undergo inspection by July 1st of each year to ensure compliance with a list of minimum safety standards and pay an annual per-unit or per-room fee.

The annual RHSP is a self-certification inspection utilizing a two-page checklist provided by the Rental Housing Safety Program/Housing & Code Enforcement Department. The housing safety standards listed are set by the California Building Standards Code and broken down into sections:

• Door locks
• Smoke detectors
• Carbon monoxide alarms & detectors
• Heating and water heaters
• Ventilation/windows
• Appliances
• Electrical wiring
• Plumbing
• Fire Extinguisher (applies to buildings with three or more units)
• Weather protection
• Handrail & guardrail condition
• Interior stairway condition
• Elevated decks, balconies, stairways, or walkways
• Walkways and pathways
• Floors & trip hazards
• Electrical Panels with screw-in fuses

The first step to the RHSP is not to let it intimidate you. It’s been designed as a self-certification inspection, a straightforward process that you can even conduct virtually with the assistance of your tenant (though we don’t recommend it). So, there's no need to feel compelled to hire a contractor. Familiarize yourself with what they request you to confirm before entering the first unit/room. Guidance is provided on the last two pages of the RHSP document, which you’ll find on our website in the Content Library > Rental Housing Forms > Other Important Forms & Information. We also have a Notice of Intent to Enter Dwelling Unit form specific for RHSP inspections. Gather the supplies that will help you conduct the inspection efficiently: a notepad, a pen, a step stool, a dowel for those hard-to-reach smoke alarms, a rag, and a camera. I bring one copy of the checklist for each property I plan to inspect that day, take additional notes and photos, and then return to the office to prepare the “official” copies, sending one to the tenant and keeping the other for my files.

Let’s discuss a couple of “What if…?” scenarios.

1. What if your tenant refuses to give you access to the unit on the day of the inspection?

• Did they forget? Don’t overreact; politely explain the inspection is mandatory for all rental housing providers in Berkeley, and they’ll receive another notice when you’ve rescheduled.
• Are they barring access completely? Tell them that’s fine, but because the inspection is mandatory, you’ll have to submit the RHSP to the City, and a City Housing Inspector will conduct the inspection.
• Absolutely cannot get in? Remit a copy of the checklist to the RHSP, certifying you could not inspect the unit because the tenant refused to allow entry.

2. What if I find things on the checklist that don’t pass inspection?

• Do not mark the item as passed
• Be transparent with your tenant
• Arrange for repairs
• Conduct a re-inspection
• Provide a copy of the final inspection checklist to your tenant

3. What if I miss the July 1^st due date?

• Get it done ASAP! If the Rental Housing Safety Inspection mails you a notice of Proactive (or Reactive) inspection, the first thing they’re going to want to see is a copy of the most recent RHSP. Failure to provide the form will result in a $200 fine.

4. What if I absolutely do not want to conduct the inspection myself or pay someone else to do it?

• Owners may request that the City conduct the inspection. However, if they cannot, the owner must still self-certify.

Though the RHSP is not an exhaustive building code inspection, it’s an excellent opportunity to inspect your rental units to ensure they are in good order and that there are no “surprises,” such as unreported leaks, mold, wobbly toilets, missing smoke and CO detectors, and unsanitary conditions. By signing a lease, your tenants have agreed to keep the premises clean, orderly, well-ventilated, sanitary, and in good condition and repair. Conducting the self-certification RHSP allows you to confirm that the tenants are not violating the lease and ensure that the housing you provide is safe and well-maintained.