Ensuring Local Policy Complies with New Residential Inspections Law

<p>Tyler Mulligan is a School of Government faculty member.</p> <p>The city manager of Tooltime, North Carolina, picks up the phone and calls Tim Taylor, the city’s minimum housing public officer and lead housing inspector. “Tim, I understand why you suspended all periodic inspections in Tooltime that did not comply with the new periodic inspections law.  I know we have much less flexibility now than we had before. But residential buildings still need to be inspected, and new complaints about neglected dwellings come in every week. I need a plan for moving forward that I can explain to the council. Can we modify our inspections program to comply with the law?”</p> <p>Tim had already been working on it. Earlier that week, he and city attorney Heidi Keppert had reviewed and discussed a School of Government (SOG) bulletin on the new law. Although the law now requires inspectors first to find “reasonable cause” prior to inspecting a residential building, there was no other guidance on the procedural aspects of an inspection program. Heidi explained that the lack of guidance offers some flexibility to the city, but there are pitfalls as well. In the absence of clear procedures, inspections might be conducted inconsistently, or similarly-situated owners and landlords might be treated differently, leaving the city vulnerable to equal protection or due process complaints. A written inspections policy would help in that regard.</p> <p>As Heidi and Tim work to revise their local policy, what aspects of the policy should they evaluate and modify? As a start, I recommend that their new policy address [...]</p>