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Building Awareness and Public Support

Building Capacity for Lead Safety

Collaborations, Partnerships, and Incentives

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Lead Safety and Healthy Homes Standards

Targeting High Risk Homes

Using Code Enforcement and Other Systems

 

 

Appendices

 

 

Building Blocks Full Text [PDF]

 

 

CDC-Funded Childhood Lead Poisoning Prevention Programs

 

 

Produced by the Alliance for Healthy Homes and the Lead Poisoning Prevention Branch of the Centers for Disease Control and Prevention

 

 

 

Centers for Disease Control and Prevention

 


Acknowledgements

 

 

 

 

 

 

 

About Building Blocks | Search Building Blocks for Primary Prevention

Using Code Enforcement and Other Systems

 

Require Rental Property Registration/Licensing

 

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DESCRIPTION OF THE STRATEGY

Universal registration or licensing of multi-unit residential buildings with state or local code enforcement authorities helps to ensure that minimum property maintenance standards are met by landlords, particularly absentee landlords. As part of the registration/licensing obligation, owners can be required to provide contact information for themselves, as well as any agents managing the property, and to designate an agent to receive legal notices in the locality where the property is situated.   

 

BENEFITS

Immediate/Direct Results:  Rental registration and licensing programs ensure that persons with responsibility and authority to maintain buildings can be readily located and served with legal notices. Successful delivery of such notices ensures that non-compliant property owners have received official notification of a code violation. This expedites compliance or enforcement action to achieve compliance with applicable housing quality and maintenance standards. Tenants also benefit from being able to readily locate those responsible for maintaining their homes to inform them about potential housing-related health hazards such as peeling paint or leaks.

 

Public Health Benefits:  Prompt and consistent enforcement of housing codes improves the likelihood of effective maintenance of rental housing, reducing the risk of lead hazards.

 

Other Indirect/Collateral Benefits: Other systems, such as CLPP programs, housing authorities, and public safety agencies, can use address-based data about rental housing that identifies property owners to fulfill their missions.

 

Scope of Potential Impact

Statewide

City - or - County - Wide

 

PRIMARY ACTOR(S)
KEY PARTNER(S)
Code or Building Inspection Agency
Property Taxation Agency
Local Prosecutors
Property Owners
Tenants

 

CRITICAL ELEMENTS

Staff requirements: Staff requirements will vary depending on whether the program is adopted at a state or local level. Once a system is in place, nominal staff is required to update records and enforce orders.

 

Other resource requirements: Computerized information system and methods for disseminating, retrieving, and reviewing registrations.

 

Institutional capacity required:   Statutory authority is required in order to compel property owners to register their properties. Staff training requirements are minimal.

 

Cost considerations: Rental registration programs are not costly. These programs can be supported by a registration fee to minimize the impact on the code enforcement program’s resources and can generate income to support pro-active inspections or enforcement.

 

Timing issues: An initial phase-in period will be necessary, with a deadline after which owners who have not registered their properties are considered in violation of the requirements. Re-registration should be required at minimum when properties change ownership or an owner’s or agent’s contact information changes.

 

Feasibility of Implementation:  Moderate. These programs can be easily implemented once statutory authority is in place. The key to their effectiveness is adequate staffing in health and/or code inspection agencies to ensure enforcement.  

 

Potential Obstacles/Barriers

Rental registration and licensing programs are in place in a number of jurisdictions. However, in order to be effective, they must be coupled with effective enforcement and meaningful consequences for non-compliance. In New Jersey, for example, many courts will not allow an eviction case to proceed if the property is not registered. In addition, the state can file a docketed judgment for $200 per building if an owner fails to register a property.  

 

Additional Resources

1.

William “Dan” Reynolds, Code Enforcement Manager, City of Greensboro, dan.reynolds@ci.greensboro.nc.us, phone: 336-451-1054, and Beth McKee-Huger, Greensboro Housing Coalition, rachelltv@aol.com, phone: 336-691-9521.

 

 

 

ILLUSTRATION OF STRATEGY IN PRACTICE

Owners of buildings containing three or more rental units must submit a certificate of registration to BHI as well as a $10 fee per building. Owners must provide personal contact information and designate an agent, residing in the county where the property is located, who is authorized to accept notices from tenants and to receive service of process. Corporate owners must be registered to do business in New Jersey and must identify the corporation’s registered agent and corporate officers. If the property is owned by a partnership, the names of all general partners must be disclosed. Mortgage holders also must be identified. Owners must provide the name and address of any managing agent, superintendent, janitor, or other person responsible for the maintenance of the property and must designate someone who can authorize expenditures for emergency repairs. New owners are required to submit a registration form within 20 days of a acquiring a property.

 

Jurisdiction or Target Area
New Jersey

 

Primary Actor

Bureau of Housing Inspection (BHI), which is part of the Division of Codes and Standards in New Jersey’s Department of Community Affairs (DCA).


Staffing utilized

1-2 FTE is required to update records and enforce orders.

 

Other resources utilized

A computer database, registration forms, and orders. 

 

Factors essential to implementation

Strong enforcement provisions are essential to the effectiveness of the program. If an owner fails to register a property, DCA notifies the owner of the violation and orders him to register within 30 days. If the owner still neglects to comply, the Department imposes a penalty of $200 per violation and certifies the debt to the superior court. The clerk of the court immediately dockets a judgment against the owner. Implementation is also enhanced by tying rental registration requirements to the state’s construction code: owners may not obtain a certificate of occupancy for newly constructed rental housing without first procuring a certificate of registration. Finally, owners may not evict tenants from buildings that are not registered.

 

Limitations/challenges/problems encountered

None

 

Magnitude of Impact/Potential Impact

All rental housing located in buildings with three or more units is subject to rental registration.

 

Potential for Replication

Moderate

 

Contact for Specific Information
Amy Fenwick Frank
Section Chief
Division of Codes and Standards
NJ DCA
609-292-7899
afrank@dca.state.nj.us

 

References for additional information
1. - New Jersey Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
2. http://www.afhh.org/res/res_pubs/bp.doc - Alliance For Healthy Homes, “Holding Property Owners Accountable: New Jersey Multiple Dwelling Registration And Inspection Program,” Innovative Strategies For Addressing Lead Hazards In Distressed And Marginal Housing: A Collection Of Best Practices

 

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