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Selling Strategy

Why does San Bernardino inspect rentals, and what rules apply?

San Bernardino inspects rentals with one to three units, but city sources disagree on fees and timing. Learn what owners should confirm and which rules apply.

A rental of up to three units in San Bernardino sits under a city inspection program, and the city’s own program page gives two different inspection schedules and fees. The program covers rented single-family homes, duplexes and triplexes within the city. Its purpose includes checking property conditions and compliance with applicable laws.

Ask Code Enforcement which schedule and charge apply to the property before treating either published figure as settled.

This is general information and not legal advice.

Why does San Bernardino inspect these rentals?

San Bernardino inspects these rentals to check compliance with applicable laws and document property conditions.

The City Council passed the Single-Family Rental Property Inspection Program Ordinance on April 7, 2008. The city’s program page describes benefits that include educating owners and tenants, identifying illegal rental units and helping maintain property values. It also describes the program as self-funded.

The legal scope is broader than appearance alone. In the version of the code the city posts, revised November 2, 2009, “Applicable Laws” includes the Municipal Code, California Fire Code, California Building Code, Uniform Housing Code and Uniform Code for the Abatement of Dangerous Building.

That makes this a city compliance program. If you’re also considering a pre-listing inspection, keep the purpose of each review clear when deciding what property information you still need.

We were discussing a San Bernardino rental with an owner who believed inspections occurred only after a tenant complained. He had not realized the city’s rental program could impose registration and inspection requirements independently of a complaint. We went through the rules so he could treat compliance as part of operating the property rather than as a response to a violation.

Which properties fall within the program?

The program page covers owners and companies renting or leasing single-family homes, duplexes or triplexes within the City of San Bernardino.

The posted code, revised November 2, 2009, defines a rental as a dwelling occupied by someone other than the owner in a structure or group of structures containing three or fewer dwelling units on the same parcel. It includes the premises: parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs and spas.

That version excludes multifamily complexes under Chapter 15.25, hotels and motels, mobile home parks, hospital or care facilities, and certain residential condominiums.

The condominium exception requires a bona fide homeowners association. The posted definition calls for approved and recorded CC&Rs, and regular meetings at least bi-monthly and/or a property management contract. An association’s existence alone doesn’t establish that test. The California HOA disclosure guide is a related reference when reviewing association documents.

The program page’s FAQ expressly says Section 8 properties, group homes and in-care homes aren’t exempt. The FAQ and the posted code’s exclusion list are different documents, and the sources do not reconcile them. Because the posted code also lists hospital or care facilities among exclusions, ask Code Enforcement how it classifies a particular property.

How often are inspections, and what does an owner pay?

The city’s published sources give conflicting schedules and fees, so neither amount nor frequency should be treated as settled for your property.

The disagreement appears within the program page itself:

  • Its main text says inspections are scheduled on a biennial basis, with a $180 annual inspection fee paid after the biennial inspection.
  • Its FAQ says rental property is subject to annual inspection, with a $100 annual inspection fee due upon completion.

The version of the code the city posts, revised November 2, 2009, also calls for annual inspections. It does not establish a dollar amount; it says fees are set by a separate Common Council resolution.

The city’s pages don’t explain these differences. Ask Code Enforcement which inspection cycle and fee apply to the parcel, and which resolution establishes the charge. For a purchase review, don’t assume the published amount tells you what a buyer pays or whether an existing fee transfers on sale. The materials reviewed don’t answer those questions.

What happens when an inspection is scheduled?

The program page says written notice is mailed at least three weeks before the scheduled annual inspection, and neither the owner nor tenant needs to be present.

It describes the program’s focus as exterior conditions. Interior inspections can take place at the code enforcement officer’s discretion. That wording doesn’t establish that interior inspections are routine.

The version of the code the city posts, revised November 2, 2009, specifies certified mail to the owner’s last known address in County Assessor records. For an owner reviewing inspection correspondence, the mailing address in those records is therefore a concrete detail to check.

Why might the city classify a property as a rental?

The posted code allows the city to presume a property is rented based on the name or mailing address on its water bill.

In the version revised November 2, 2009, that presumption applies if the water bill is in a different name from the property owner. It also applies when the bill is in the owner’s name but mailed somewhere other than the property address.

The presumption is rebuttable. The owner can provide reasonable documentation showing that the property is owner occupied or isn’t used for rental income.

For a property that is no longer rented, the program page says the owner should be prepared to supply evidence such as a utility bill, cable bill or account details report from the City Clerk’s Department. Gather the documents that address the property’s actual use.

This is a local rule. The separate article on Hemet’s repealed rental registration program concerns another city’s program and doesn’t establish San Bernardino’s requirements.

Can self-certification reduce inspections and fees?

Self-certification may offer qualifying owners relief, and the posted code and the city’s self-certification page are consistent in outline.

Under the version of the code the city posts, revised November 2, 2009, well-maintained rentals with no outstanding violations may qualify. Owners complete an application packet, pay the annual fee and inspect exterior and site conditions against the city’s checklist.

That version says qualifying properties won’t be subject to inspections for three years, while preserving the city’s ability to inspect. It requires recertification every three years. An owner who stops meeting the checklist is immediately removed and returns to annual inspections.

For fees, the posted code says owners pay in the first year and don’t pay the annual inspection fee in the second and third years.

The self-certification page says a certificate exempts qualifying owners from annual inspection fees for the next three years. It says the application requires “payment of the $180 annual inspection fee”. The page quotes $180 while the code sets no amount, and the page looks dated because it mentions 2021 notices. Confirm current payment and exemption terms with Code Enforcement.

What happens if an inspection finds deficiencies?

The posted code calls for one or more reinspections to verify that deficiencies have been corrected.

Under that version, owners who don’t correct deficiencies may face an administrative citation under Chapter 9.92. It provides for contesting a citation under Section 9.92.080 and appealing to the Board of Building Commissioners. It also permits complaint-based inspections and allows owners to request voluntary inspections.

Every owner must comply with Title 5 business registration requirements. Where multiple people or entities own the property, the posted code makes them jointly and severally responsible.

If you’re buying or selling with a pending citation, ask specifically about its treatment in the transaction. The reviewed materials don’t explain what happens to a pending citation on sale.

The short version

San Bernardino’s program covers rented homes, duplexes and triplexes, but its published inspection schedules and fees conflict.

Confirm the property’s classification, inspection cycle, fee and any self-certification terms with Code Enforcement. Review notices and correction records, and identify which answers come from the posted 2009 code rather than assuming it matches current code text.

For a separate look at your property’s value, use the home value tool.

Common questions

Does the program cover duplexes and triplexes?

Yes. The city's program page includes single-family homes, duplexes and triplexes rented or leased within the City of San Bernardino.

Is the inspection fee $100 or $180?

The program page's main text lists a $180 annual inspection fee after a biennial inspection, while its FAQ lists $100 after an annual inspection. Ask Code Enforcement which fee and schedule apply to your property.

Does an owner or tenant need to attend?

The program page says neither the owner nor tenant needs to be present. The program focuses on exterior conditions, with interior inspections at the code enforcement officer's discretion.

Can a rental qualify for self-certification?

Well-maintained rentals with no outstanding violations may qualify under the version of the code the city posts, revised November 2, 2009. The code and self-certification page are consistent in outline. The page quotes $180 while the code sets no amount, and the page looks dated because it mentions 2021 notices. Confirm current terms with Code Enforcement.

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