                                 CODE OF VIRGINIA

RENTAL INSPECTIONS; RENTAL INSPECTION DISTRICTS; EXEMPTIONS; PENALTIES (§
36-105.1:1)

A. For purposes of this section:
			&#8220;Dwelling unit&#8221; means a building or structure or part thereof
that is used for a home or residence by one or more persons who maintain a
household.
			&#8220;Owner&#8221; means the person shown on the current real estate
assessment books or current real estate assessment records.
			&#8220;Residential rental dwelling unit&#8221; means a dwelling unit that is
leased or rented to one or more tenants. However, a dwelling unit occupied in
part by the owner thereof shall not be construed to be a residential rental
dwelling unit unless a tenant occupies a part of the dwelling unit which has its
own cooking and sleeping areas, and a bathroom, unless otherwise provided in the
zoning ordinance by the local governing body.

B. Localities may inspect residential rental dwelling units. The local governing
body may adopt an ordinance to inspect residential rental dwelling units for
compliance with the Building Code and to promote safe, decent and sanitary
housing for its citizens, in accordance with the following:

   1. Except as provided in subdivision B 3, the dwelling units shall be located
   in a rental inspection district established by the local governing body in
   accordance with this section, and

   2. The rental inspection district is based upon a finding by the local
   governing body that (i) there is a need to protect the public health, safety
   and welfare of the occupants of dwelling units inside the designated rental
   inspection district; (ii) the residential rental dwelling units within the
   designated rental inspection district are either (a) blighted or in the
   process of deteriorating, or (b) the residential rental dwelling units are in
   the need of inspection by the building department to prevent deterioration,
   taking into account the number, age and condition of residential dwelling
   rental units inside the proposed rental inspection district; and (iii) the
   inspection of residential rental dwelling units inside the proposed rental
   inspection district is necessary to maintain safe, decent and sanitary living
   conditions for tenants and other residents living in the proposed rental
   inspection district. Nothing in this section shall be construed to authorize
   one or more locality-wide rental inspection districts and a local governing
   body shall limit the boundaries of the proposed rental inspection districts to
   such areas of the locality that meet the criteria set out in this subsection,
   or

   3. An individual residential rental dwelling unit outside of a designated
   rental inspection district is made subject to the rental inspection ordinance
   based upon a separate finding for each individual dwelling unit by the local
   governing body that (i) there is a need to protect the public health, welfare
   and safety of the occupants of that individual dwelling unit; (ii) the
   individual dwelling unit is either (a) blighted or (b) in the process of
   deteriorating; or (iii) there is evidence of violations of the Building Code
   that affect the safe, decent and sanitary living conditions for tenants living
   in such individual dwelling unit.
   				For purposes of this section, the local governing body may designate a
   local government agency other than the building department to perform all or
   part of the duties contained in the enforcement authority granted to the
   building department by this section.

C. 1. Notification to owners of dwelling units. Before adopting a rental
inspection ordinance and establishing a rental inspection district or an
amendment to either, the governing body of the locality shall hold a public
hearing on the proposed ordinance. Notice of the hearing shall be published once
a week for two successive weeks in a newspaper published or having general
circulation in the locality.
			Upon adoption by the local governing body of a rental inspection ordinance,
the building department shall make reasonable efforts to notify owners of
residential rental dwelling units in the designated rental inspection district,
or their designated managing agents, and to any individual dwelling units
subject to the rental inspection ordinance, not located in a rental inspection
district, of the adoption of such ordinance, and provide information and an
explanation of the rental inspection ordinance and the responsibilities of the
owner thereunder.

   2. Notification by owners of dwelling units to locality. The rental inspection
   ordinance may include a provision that requires the owners of dwelling units
   in a rental inspection district to notify the building department in writing
   if the dwelling unit of the owner is used for residential rental purposes. The
   building department may develop a form for such purposes. The rental
   inspection ordinance shall not include a registration requirement or a fee of
   any kind associated with the written notification pursuant to this
   subdivision. A rental inspection ordinance may not require that the written
   notification from the owner of a dwelling unit subject to a rental inspection
   ordinance be provided to the building department in less than 60 days after
   the adoption of a rental inspection ordinance. However, there shall be no
   penalty for the failure of an owner of a residential rental dwelling unit to
   comply with the provisions of this subsection, unless and until the building
   department provides personal or written notice to the property owner, as
   provided in this section. In any event, the sole penalty for the willful
   failure of an owner of a dwelling unit who is using the dwelling unit for
   residential rental purposes to comply with the written notification
   requirement shall be a civil penalty of up to $50. For purposes of this
   subsection, notice sent by regular first class mail to the last known address
   of the owner as shown on the current real estate tax assessment books or
   current real estate tax assessment records shall be deemed compliance with
   this requirement.

D. Initial inspection of dwelling units when rental inspection district is
established. Upon establishment of a rental inspection district in accordance
with this section, the building department may, in conjunction with the written
notifications as provided for in subsection C, proceed to inspect dwelling units
in the designated rental inspection district to determine if the dwelling units
are being used as a residential rental property and for compliance with the
provisions of the Building Code that affect the safe, decent and sanitary living
conditions for the tenants of such property.

E. Provisions for initial and periodic inspections of multifamily dwelling
units. If a multifamily development has more than 10 dwelling units, in the
initial and periodic inspections, the building department shall inspect only a
sampling of dwelling units, of not less than two and not more than 10 percent of
the dwelling units, of a multifamily development, which includes all of the
multifamily buildings which are part of that multifamily development. In no
event, however, shall the building department charge a fee authorized by this
section for inspection of more than 10 dwelling units. If the building
department determines upon inspection of the sampling of dwelling units that
there are violations of the Building Code that affect the safe, decent and
sanitary living conditions for the tenants of such multifamily development, the
building department may inspect as many dwelling units as necessary to enforce
the Building Code, in which case, the fee shall be based upon a charge per
dwelling unit inspected, as otherwise provided in subsection H.

F. 1. Follow-up inspections. Upon the initial or periodic inspection of a
residential rental dwelling unit subject to a rental inspection ordinance, the
building department has the authority under the Building Code to require the
owner of the dwelling unit to submit to such follow-up inspections of the
dwelling unit as the building department deems necessary, until such time as the
dwelling unit is brought into compliance with the provisions of the Building
Code that affect the safe, decent and sanitary living conditions for the
tenants.

   2. Periodic inspections. Except as provided in subdivision F 1, following the
   initial inspection of a residential rental dwelling unit subject to a rental
   inspection ordinance, the building department may inspect any residential
   rental dwelling unit in a rental inspection district, that is not otherwise
   exempted in accordance with this section, no more than once each calendar
   year.

G. Exemptions from rental inspection ordinance.

   1. Upon the initial or periodic inspection of a residential rental dwelling
   unit subject to a rental inspection ordinance for compliance with the Building
   Code, provided that there are no violations of the Building Code that affect
   the safe, decent and sanitary living conditions for the tenants of such
   residential rental dwelling unit, the building department shall provide, to
   the owner of such residential rental dwelling unit, an exemption from the
   rental inspection ordinance for a minimum of four years. Upon the sale of a
   residential rental dwelling unit, the building department may perform a
   periodic inspection as provided in subdivision F 2, subsequent to such sale.
   If a residential rental dwelling unit has been issued a certificate of
   occupancy within the last four years, an exemption shall be granted for a
   minimum period of four years from the date of the issuance of the certificate
   of occupancy by the building department. If the residential rental dwelling
   unit becomes in violation of the Building Code during the exemption period,
   the building department may revoke the exemption previously granted under this
   section.

   2. The local governing body may exempt a residential rental unit otherwise
   subject to a rental inspection ordinance provided such unit is managed by (i)
   any person licensed under the provisions of &#xA7; 54.1-2106.1; (ii) any (a)
   property manager or (b) managing agent of a landlord as defined in &#xA7;
   55.1-1200; (iii) any owner of a publicly traded entity that manages its own
   multifamily residential rental units; or (iv) any owner or managing agent who,
   in the determination of the local governing body, has achieved a satisfactory
   designation as a professional property manager.

H. A local governing body may establish a fee schedule for enforcement of the
Building Code, which includes a per dwelling unit fee for the initial
inspections, follow-up inspections and periodic inspections under this section.

I. The provisions of this section shall not, in any way, alter the rights and
obligations of landlords and tenants pursuant to the applicable provisions of
Chapter 12 (&#xA7; 55.1-1200 et seq.) or Chapter 14 (&#xA7; 55.1-1400 et seq.)
of Title 55.1.

J. The provisions of this section shall not alter the duties or responsibilities
of the local building department under &#xA7; 36-105 to enforce the Building
Code.

K. Unless otherwise provided in this section, penalties for violation of this
section shall be the same as the penalties provided in the Building Code.

HISTORY: 2004, c. 851; 2009, c. 663; 2016, c. 338.