A local government agency sought to inspect a rental housing unit within a common interest development (CID) to determine compliance with building standards. The ordinance governing inspections made the landlord responsible for obtaining consent from the tenant for the inspection. The CID’s homeowners’ association (HOA) refused to cooperate with the agency’s inspection, claiming the ordinance governing the inspection violated the tenant’s Fourth Amendment rights against warrantless entry into private property since the ordinance failed to require a tenant’s direct consent to the inspection, but rather made the landlord responsible for providing legal access to the unit. The agency claimed the ordinance for inspection of a rental unit complied with the tenant’s Fourth Amendment protection against warrantless entry into private property since a landlord who provides legal access to an agency to enter and inspect a unit must serve the tenant with notice of entry before providing access. A California appeals court held an ordinance permitting an agency’s inspection of a rental housing unit for compliance with building standards complies with a tenant’s Fourth Amendment protection against warrantless entry into the tenant’s private property since a landlord who provides legal access to an agency to enter and inspect a unit must serve the tenant with notice of entry before providing access. [Rental Housing Owners Association of Southern Alameda County, Inc v. City of Hayward (October 25, 2011) _ CA4th _]
