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District of Columbia Code Division VII. Property. § 42-3509.08. Inspection of rental housing.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Notwithstanding any other law or rule to the contrary, for the purpose of determining whether any housing accommodation is in compliance with applicable housing rules or construction code rules, the Mayor may enter upon and into any housing accommodation in the District, during all reasonable hours, to inspect the same; provided, that if a tenant of a housing accommodation does not give permission to inspect that portion of the premises under the tenant's exclusive control, the Mayor shall not enter that portion of the premises unless the Mayor has:

(1) A valid administrative search warrant pursuant to subsection (d) of this section which permits the inspection; or

(2) A reasonable basis to believe that exigent circumstances require immediate entry into that portion of the premises to prevent an imminent danger to the public health or welfare.

(b) Any person who shall hinder, interfere with, or prevent any inspection authorized by this chapter shall, upon conviction thereof, be punished by a fine not exceeding $100, by imprisonment for a period not exceeding 3 months, or both.

(c) The Mayor may apply to a judge of the District of Columbia for an administrative search warrant to enter any premises to conduct any inspection authorized by subsection (a) of this section.

(d) A judge may issue the warrant if the judge finds that:

(1) The applicant is authorized or required by law to make the inspection;

(2) The applicant has demonstrated that the inspection of the premises is sought as a result of:

(A) Evidence of an existing violation of the housing regulations, codified in Title 14 of the District of Columbia Municipal Regulations, the construction codes, codified in Title 12 of the District of Columbia Municipal Regulations, or other law; or

(B) A general and neutral administrative plan to conduct periodic inspections relating to issuance or renewal of housing business licenses or for conducting fire or life safety inspections;

(3) The owner, tenant, or other individual in charge of the property has denied access to the property, or, after making a reasonable effort, the applicant has been unable to contact any of these individuals; and

(4) The inspection is sought for health or safety-related purposes.

<Text of subsec. (e) applicable upon the date of inclusion of the fiscal effect of D.C. Law 22-287 in an approved budget and financial plan. >

(e) A property owner shall not have more than 30 days to abate any condition that has resulted in the issuance of a notice of violation in connection with an inspection carried out pursuant to this section.

<Text of subsec. (f) applicable upon the date of inclusion of the fiscal effect of D.C. Law 22-287 in an approved budget and financial plan. >

(f) The Mayor may extend the deadline for a property owner to abate a violation pursuant to subsection (e) of this section only if the property owner has taken all reasonable steps to abate the violation by the deadline. All reasonable steps include proof of active construction or undergoing active rehabilitation, renovation, or repair to abate the violation.

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Cite this article: FindLaw.com - District of Columbia Code Division VII. Property. § 42-3509.08. Inspection of rental housing. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-vii-property/dc-code-sect-42-3509-08/

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