EBRHA Urges Concord to Improve Fairness of Multi-Family Inspection Program

The East Bay Rental Housing Association (EBRHA) has formally submitted a letter of complaint to the City of Concord’s Attorney, Susanne Brown, raising concerns about the City’s Multifamily Inspection Program (MFIP) and offering constructive recommendations to improve its fairness, efficiency, and focus on true health and safety priorities.

In the letter, EBRHA CEO Derek Barnes emphasized that rental housing providers and city officials share the same ultimate goal of ensuring that Concord’s rental housing is safe, habitable, and well-maintained. However, he cautioned that policies must remain focused on legitimate health and safety concerns, respect due process, and avoid unnecessary burdens on small, compliant property owners.

EBRHA members have reported that inspections under the MFIP have shifted away from essential habitability issues (such as hot water, smoke detectors, pest infestations, and structural integrity) and instead focus on cosmetic or historical construction issues, including unpermitted past work. According to Barnes, this practice not only strains small housing providers financially but also diverts limited city resources away from properties that truly need attention.

The letter notes that many small property owners lack the capital reserves to address cosmetic or non-urgent citations, and that the requirement for owners to accompany inspectors into every unit, even when only minor issues are present, adds an unnecessary logistical and financial burden.

EBRHA's Recommendations for a Balanced Approach

EBRHA’s letter encourages the City to expand and promote the self-certification program. This policy allows well-maintained properties to undergo random inspections of 25% of units instead of 100%. The association recommends that Concord:

• Expand self-certification and focus 100% inspections only on chronically noncompliant properties.

• Limit inspections strictly to health, safety, and habitability issues defined by the California Housing Code.

• Provide direct written notice to residents in multiple languages about the purpose and scope of inspections, including their right to consent or refuse entry.

• Create a fair appeals process by eliminating the current $4,000 fee, which can be prohibitive for small property owners, and by including both renter and owner representatives on appeal panels.

• Review and adjust fee structures to ensure program costs are fair and do not penalize small providers.

• Allow owners to recover fees or penalties when renters refuse access or fail to comply with inspection requirements.

EBRHA also raised constitutional concerns regarding inspections without proper consent or administrative warrants. The organization cited U.S. Supreme Court precedent affirming that warrantless searches are unreasonable without consent or a valid administrative warrant. The association urged the City to establish clear procedures for obtaining resident consent or warrants when necessary—protecting both resident privacy and owners from liability when access is denied.

EBRHA's Derek Barnes proposed that Concord form a working group of city officials, rental housing providers, renter advocates, and public health experts to review and refine MFIP policies. The goal, Barnes said, is to develop a balanced, transparent, and effective program that protects renters while respecting the rights of small property owners.

“We appreciate the City’s ongoing efforts to protect Concord residents,” Barnes wrote. “Our recommendations are meant to strengthen the program so that it remains effective, fair, and constitutionally sound. We are ready to share our members’ experiences to help shape a program that benefits both renters and property owners.”