NCEH Content

NCEH Home

About NCEH

Programs

Publications

NCEH en 

Españ ̄¬1⁄4/font>

NCEH Topics

Contact NCEH

Privacy Policy

NCEH Kids

Employment

For state and local 

health department 

assistance:CDC 

Emergency Response 

(24--hour assistance 

during emergencies) 

770-488-7100.

Toll-free telephone 

number for information 

and faxes on childhood 

lead poisoning, cruise 

ship inspection, 

cholesterol measurements, 

and list of publications: 

NCEH Health Line 

1-888-232-6789

Searchable Index | Strategic Plan | 2002 Fact Book

NCEH Fact Sheets | NCEH Brochures

 

 Chapter 2: The Housing Code

Table of Contents

I. Definitions

II. Background of Housing Codes in the United States

III. Objectives of a Housing Code

IV. Limitations

V. Content

VI. Administrative Elements of a Housing Code

VII. Substantive Provisions of a Housing Code

References

Any housing code, regardless of who promulgates it, is basically an environmental health protection code. The hygiene of housing, 

correspondingly, is the area of environmental health that deals with man's most intimate living environment-his home and his 

neighborhood. Into the fabric of housing hygiene is woven a wide variety of health, safety, economic, social, and political factors.

Early housing codes primarily considered protecting only man's physical health; hence, they were enforced only in slum areas. 

More recently the realization has been made that if urban blight and its associated human suffering are to be controlled, the 

housing codes must consider both physical and mental health and must be administered uniformly throughout the community.

In preparing or revising the housing code, local officials must maintain a level of standards that will not merely be "minimal."

These standards should maintain a living environment that contributes positively to healthful individual and family living. The fact 

that a small portion of housing fails to meet a desirable standard is hardly a legitimate reason for retrogressive modification or 

abolition of a standard. A housing code is merely a means to an end. The end is the eventual elimination of all substandard 

conditions within the home and neighborhood. This end cannot be reached if the community adopts an inadequate housing code. 

The adoption of a housing ordinance that establishes low standards for existing housing serves only to legalize and perpetuate an 

unhealthy living environment. Wherever local conditions are such that immediate enforcement of some standards within the code 

would cause undue hardship upon some individuals, it is better to provide a time interval for compliance than to eliminate an 

otherwise satisfactory standard.

I. Definitions

The following definitions of terms have been excerpted from "APHA - CDC Recommended Housing Maintenance and Occupancy 

Ordinance" and will be used throughout this manual. l

1. Accessory Building or Structure shall mean a detached building or structure in a secondary or subordinate capacity from 

the main or principal building or structure on the same Premises.

2. Appropriate Authority shall mean that person within the governmental structure of the corporate unit who is charged with 

the administration of the appropriate code.

3. Approved shall mean approved by the local or state authority having such administrative authority.

4. Ashes shall mean the residue from the burning of combustible materials.
5. Attic shall mean any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for 

business, storage, or habitation.

6. Basement shall mean the lowest story of a building, below the main floor and wholly or partially lower than the surface of 

the ground.

7. Building shall mean a fixed construction with walls foundation and roof. such as a house, factory, or garage.

8. Bulk Container shall mean any metal garbage, rubbish, or refuse container having a capacity of two (2) cubic yards or 

greater and which is equipped with fittings for hydraulic or mechanical emptying, unloading or removal.

9. Cellar shall mean a room or group of rooms totally below the ground level and usually under a building.

10. Central Heating System shall mean a single system supplying heat to one (1) or more dwelling unit(s) or more than one 

(I) rooming unit.

11. Chimney shall mean a vertical masonry shaft of reinforced concrete, or other approved noncombustible, heat-resisting 

material enclosing one (I) or more flues, for the purpose of removing products of combustion from solid, liquid, or gaseous 

fuel.

12. Dilapidated shall mean no longer adequate for the purpose or use for which it was originally intended.

13. Dormitory shall mean a building or a group of rooms in a building used for institutional living and sleeping purposes by 

four (4) or more persons.

14. Dwelling shall mean any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking, and 

eating; provided that temporary housing as hereinafter defined shall not be classified as a dwelling. Industrialized housing 

and modular construction which conform to nationally accepted industry standards and used or intended for use for living, 

sleeping, cooking, and eating purposes shall be classified as dwellings.

15. Dwelling Unit shall mean a room or group of rooms located within a dwelling forming a single habitable unit with facilities 

used or intended to be used by a single family for living, sleeping, cooking, and eating purposes.

16. Egress shall mean an arrangement of exit facilities to assure a safe means of exit from buildings.

17. Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage 

places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, 

trapping, or by any other recognized and legal pest elimination methods approved by the local or state authority having 

such administrative authority.

18. Fair Market Value shall mean a price at which both buyers and sellers are willing to do business.

19. Family shall mean one or more individuals living together and sharing common living. sleeping, cooking, and eating 

facilities (See also Household).

20. Flush Water Closet shall mean a toilet bowl which is Rushed with water which has been supplied under pressure and 

equipped with a water sealed trap above the floor level.

21. Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving, and 

nonconsumption of food.

22. Grade shall mean the finished ground level adjacent to a required window.

23. Guest shall mean an individual who shares a dwelling unit in a non-permanent status for not more than thirty (30) days.

24. Habitable Room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or 

eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes and 

utility rooms of less than fifty (50) square feet of floor space, foyers, or communicating corridors, stairways, closets, 

storage spaces and workshops, hobby and recreation areas.

25. Health Officer shall mean the legally designated health authority of the (Name of Corporate Unit) or his authorized 

representative. (If the legally designated health authority has a title other than "Health Officer" the title of this authority 

should be substituted for "Health Officer" in this section and all other sections of this ordinance.)

26. Heated Water shall mean water heated to a temperature of not less than 120 F at the outlet.

27. Heating Device shall mean all furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and 

other similar devices.

28. Household shall mean one or more individuals living together in a single dwelling unit and sharing common living, 

sleeping, cooking, and eating facilities (See also Family).

29. Infestation shall mean the presence within or around a dwelling of any insects, rodents, or other pests.

30. Kitchen shall mean any room used for the storage and preparation of foods and containing the following equipment: sink or 

other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, 

cabinets or shelves for storage of equipment and utensils, and counter or table for food preparation.

31. Kitchenette shall mean a small kitchen or an alcove containing cooking facilities.

32. Lead-based Paint shall mean any paint containing more lead than the level established by the U.S. Consumer Product 

Safety Commission as being the "safe" level of lead in residential paint and paint products.
33. Meaning of Certain Words Whenever the words "dwelling," "dwelling unit," "rooming units," "premises," and "structure" 

are used in the ordinance they shall be construed as though they were followed by the words "or any part thereof." Words 

used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine and the 

feminine the masculine.

34. Multiple Dwelling shall mean any dwelling containing more than two dwelling units.

35. Occupant shall mean any individual, over one (1) year of age, living, sleeping, cooking, or eating in or having possession 

of a dwelling unit or a rooming unit; except that in dwelling units a guest shall not be considered an occupant.

36. Operator shall mean any person who has charge, care, control, or management of a building, or part thereof, in which 

dwelling units or rooming units are let.

37. Ordinary Summer Conditions shall mean a temperature 10?F below the highest recorded temperature in the locality for 

prior ten (10) year period.

38. Ordinary Winter Conditions shall mean a temperature 15?F above the lowest recorded temperature in the locality for 

prior ten (10) year period.

39. Owner shall mean any person who alone or jointly or severally with others:

(a) shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof, 

or 

(b) shall have charge, care, or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or as 

executor, administrator, trustee or guardian of the estate of the owner.

40. Permissible Occupancy shall mean the maximum number of individuals permitted to reside in a dwelling unit, rooming 

unit. or dormitory.

41. Person shall mean and include any individual, firm, corporation, association, partnership, cooperative, or governmental 

agency.

42. Plumbing shall mean and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, 

water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower 

baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, and the 

installation thereof, together with all connections to water, sewer, or gas lines.

43. Premises shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or 

unoccupied by any dwelling or non dwelling structure, and includes any such building, accessory structure. or other 

structure thereon.

44. Privacy shall mean the existence of conditions which will permit an individual or individuals to carry out an activity 

commenced without interruption or interference, either by sight or sound by unwanted individuals.

45. Properly Connected shall mean connected in accordance with all applicable code and ordinances of this (Name of 

Corporate Unit) as from time to time enforced; provided, however, that the application of this definition shall not require the 

alteration or replacement of any connection in good working order and not constituting a hazard to life or health.

46. Rat Harborage shall mean any conditions or place where rats can liven nest, or seek shelter.

47. Ratproofing shall mean a form of construction which will prevent the ingress or egress of rats to or from a given space or 

building, or from gaining access to food, water, or harborage. It consists of the closing and keeping closed of every opening 

in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk 

openings, and other places that may be reached and entered by rats by climbing, burrowing or other methods, by the use 

of materials impervious to rat gnawing and other methods approved by the (Appropriate Authority).

48. Refuse shall mean all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish ashes, and 

dead animals.

49. Refuse Container shall mean a watertight container that is constructed of metal, or other durable material impervious to 

rodents, that is capable of being serviced without creating insanitary conditions, or such other containers as have been 

approved by the (Appropriate Authority). Openings into the container such as covers and doors shall be tight fitting.

50. Rooming House shall mean any dwelling other than a hotel or motel or that part of any dwelling, containing one (1) or 

more rooming units, or one (1) or more dormitory rooms and in which persons either individually or as families are housed 

with or without meals being provided.

51. Rooming Unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for 

living and sleeping, but not for cooking purposes.

52. Rubbish shall mean nonputrescible solid wastes (excluding ashes) consisting of either:

(a) combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or 

(b) noncombustible wastes such as cans, glass, and crockery.

53. Safety shall mean the condition of being reasonably free from danger and hazards which may cause accidents or disease.

54. Space Heater shall mean a self-contained heating appliance of either the convection type or the radiant type and intended 

primarily to heat only a limited space or area such as one room or two adjoining rooms.
55. Supplied shall mean paid for, furnished by, provided by, or under the control of the owner, operator, or agent.

56. Temporary Housing shall mean any tent, trailer, mobile home or any other structure used for human shelter which is 

designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the 

same premises for more than thirty (30) consecutive days.

57. Toxic Substance shall mean any chemical product applied on the surface of or incorporated into any structural or 

decorative material which constitutes a potential hazard to human health at acute or chronic exposure levels.

58. Variance shall mean a difference between that which is required or specified and that which is permitted .

II. Background of Housing Codes in the United States

To assist municipalities with the development of legislation necessary to regulate the quality of housing, the Committee on the 

Hygiene of Housing, American Public Health Association, prepared and in 1952, published a proposed housing ordinance. This 

provided a prototype on which such legislation might be based and has served as the basis for countless housing codes enacted in

the United States since that time. Some municipalities enacted it without change. Others made revision by omitting some 

portions, modifying others, and sometimes adding new provisions.

In the ensuing years this ordinance was revised in 1969 and 1971.

In 1975, the American Public Health Association and the Public Health Service's Center for Disease Control jointly undertook the

job of rewriting and updating this model ordinance. The new document, entitled "APHA- CDC Recommended Housing Maintenance 

and Occupancy Ordinance," is the most recent model ordinance available. This new ordinance is one of several model ordinances 

available to communities to consider when they are interested in adopting a housing code.

One must keep in mind when considering the adoption of any model code that the code is, as stated, merely a model. The 

community should read and consider each element within the model code to determine its applicability to that community. As 

previously stated, however, a housing code is merely a means to an end. The end is the eventual elimination of all substandard 

conditions within the home and the neighborhood. This end cannot be reached if the community adopts an inadequate housing 

code.

III. Objectives of a Housing Code

The Housing Act of 1949 gave new impetus to existing local, state, and Federal housing programs directed towards the 

elimination of poor housing and the production of sound and decent housing. In passing this legislation, Congress defined a new 

national objective by declaring that the general welfare and security of the nation and the health and living standards of its 

people .. . require a decent home and a suitable living environment for every American family. This mandate generated an 

awareness that the quality of housing and residential environment has an enormous influence upon the physical and mental 

health and the social well-being of each individual and, in turn, upon the economic, political, and social conditions in every 

community. Consequently, public agencies, units of government, professional organizations, and others sought ways to ensure 

that the quality of housing and the residential environment did not depreciate or deteriorate.

It soon became apparent that a new type of legislation was needed, namely, ordinances that regulate the supplied facilities and 

the maintenance and occupancy of dwellings and dwelling units, or as they are more commonly called, "housing codes." The 

objective of a housing code is to establish minimum standards essential to make dwellings safe, sanitary, and fit for human 

habitation by governing the condition and maintenance, the supplied utilities and facilities, and the occupancy.

IV. Limitations

A housing code is limited in its effectiveness by several factors. First, if the housing code does not contain standards that 

adequately protect the health and well being of the individuals, it cannot be effective. The best trained soldier, if armed 

only with a pea shooter, can accomplish little positive action in a battle. Similarly, the best trained housing inspector, if not armed 

with an adequate housing code, can accomplish little good in the battle against urban blight.

A second factor affecting the quality of the housing administration effort is the budget of the housing group. If the housing 

effort is directed, because of limitations of funds and personnel, to the fire-fighting efforts of complaint answering, then the
community can expect to lose the battle against urban blight. It is only through a systematic enforcement effort by an adequately 

sized staff of properly trained inspectors that the battle can be won.

A third factor that can affect the housing effort is the attitude of the political bodies within the area. A properly administered 

housing program will require the upgrading of substandard housing throughout the community. Frequently, this results in political 

pressures being exerted to prevent the enforcement of the code in certain areas of the city. If the housing effort is backed 

properly by all political elements, blight can be controlled and eventually eliminated within the community. If, however, the 

housing program is not permitted to choke out the spreading influence of substandard conditions urban blight will spread like a 

cancer. engulfing greater and greater portions of the city. Similarly, an effort directed only at the most serious blocks in the city 

will merely upgrade those blocks while the blight spreads elsewhere. If a cancer is to be controlled, it must be cut out in its 

entirety. If urban blight is to be controlled, it also must be cut out in its entirety.

A fourth element that limits the ability of a housing program is whether or not the housing program is supported fully by 

the other departments within the city. Regardless of which city agency administers the housing program, the other city 

agencies must support the activities of the housing program. In addition, great effort should be expended to obtain the support 

and cooperation of the community as a whole towards the housing effort. This can be accomplished through public awareness and 

public information programs. These two programs should never be undersold. They can provide considerable support or 

considerable resistance to the efforts of the program.

A fifth limitation to an effective housing program is an inadequately or improperly trained inspectional staff. The housing 

inspector should have considerable training and considerable capabilities if the effort is to accomplish much good. He should have 

a basic knowledge and general understanding of the principles involved in many related areas. He should have the capability of 

evaluating whether a serious or a minor problem exists in matters ranging from a structural stability of a building to the health 

and sanitary aspects relating to the structure. A housing inspector cannot be expected to accomplish his job properly unless he is 

given sufficient training so as to prepare him to be able to make basic judgments regarding the severity of problems. Since the 

housing inspector is a generalized inspector, it is not intended that he should become an expert in all areas such as building, 

electrical, or health inspection. It is merely intended that he should be able to distinguish whether a problem warrants immediate 

referral to another department or whether it can be handled through routine channels.

A sixth item that frequently restricts the effectiveness of a housing administration effort is the fact that many housing groups 

fail to do a complete job of evaluation of the housing problems. In many cases, the inspectional effort is restricted to 

merely evaluating what conditions exist with little or no thought given to why these conditions exist. If a housing effort is to be 

successful, it must consider why the homes deteriorated. Was it because of environmental stresses within the neighbor hood that 

need to be eliminated or was it because of apathy developed on the part of the occupants? In either case, if the causative agent is 

not removed, then the inspector faces an annual problem of maintaining the quality of that residence. It is only by eliminating the 

causes of deterioration that the quality of the neighborhood can be maintained. These, then, are a few of the principal limitations 

that affect the quality of a housing administration effort.

V. Content

What then are the general items that should be included in a housing code? Although all comprehensive housing codes or 

ordinances contain a number of common elements, the provisions of any two or more communities on the same element or 

elements will usually vary to some extent. This is true whether the codes be national or state models, those of a northern, 

eastern, southern, or western municipality, or even of two or more communities within the same state or region. These variations

stem from differences in local policies, preferences, and to a lesser extent, needs. They are also influenced by the standards set 

by the related provisions of the diverse building, electrical, and plumbing codes in use in the municipality.

Within any housing code there are generally five major sections. These sections are listed and discussed in more detail both in the 

following pages and to a degree in the Legal Aspects chapter of this manual. The five major features are:

A Definitions of terms used in the code.

B Administrative provisions showing who is authorized to administer the code and the basic methods and procedures 

that must be followed in implementing and enforcing the sections of the code. The administrative sections deal with items 

such as what are reasonable hours of inspections; when service of violation notices is and is not required; how to notify 
either the absentee owner when he can or cannot be contacted in person or through a legally responsible agent, or the 

resident-owner or tenant; how to process and conduct hearings; what rules to follow in processing dwellings alleged to be 

unfit for human habitation; how to occupy or use dwellings finally declared fit.

C Substantive provisions specifying the various types of health. building, electrical, heating, plumbing, maintenance, 

occupancy, and use conditions that constitute violations of the housing code. These provisions can also be and often are 

grouped into three main categories, namely, (I) minimum facilities and equipment for dwelling units, (2) adequate 

maintenance of dwellings and dwelling units as well as their facilities and equipment, and (3) the occupancy conditions of 

dwellings and dwelling units.

D Court and penalty sections outlining the basis for court action and the penalty or penalties to which the alleged 

violator will be subjected if he is proved guilty of violating one or more provisions of the code.

E Enabling, conflict, and unconstitutionality clauses providing for the date a new or amended code will take effect, 

prevalence of more stringent provision when there is a conflict of two codes, severability of any part of the ordinance that 

might be found unconstitutional and retention of all other parts in full course and effect. In any city following the format of 

the "APHA - CDC Recommended Housing Maintenance and Occupancy Ordinance," the Health Officer or other supervisor in 

charge of housing inspections will also adopt appropriate housing rules and regulations from time to time to clarify or 

further refine the provisions of the ordinance. This has been done, for example, by the Commissioners of Health in 

Baltimore, Maryland and Milwaukee, Wisconsin, and by the District of Columbia's Department of Licenses and Inspections. 

In contrast, some municipalities such as Fort Worth, Texas; St. Louis, Missouri; and Chicago, Illinois, have tended to make 

their housing codes broader in the first place and subsequently have relied more on amendments to their ordinances rather 

than on numerous rules and regulations. Either method has its advantages, and so local practice will often help determine 

which is used.

Where the rules and regulations method is used, care should be taken that the department is not overburdened with a 

number of minor rules and regulations. Similarly, a basic housing ordinance that encompasses all rules and regulations 

might have difficulty because any amendments to it require action by the political element of the community. Some housing 

groups, in attempting to obtain amendments to the ordinance, have had the entire ordinance thrown out by the political 

bodies.

VI. Administrative Elements of a Housing Code

The administrative procedures and powers of the housing inspection agency, its supervisors, and staff, which are outlined in 

a housing code are similar to its other provisions in that all are based upon the police power of the state to legislate for 

public health and safety. In addition, the administrative provisions, and to a lesser extent, the court and penalty provisions, 

outline how the police power is to be exercised in administering and enforcing the code.

Generally, the administrative elements deal with the procedures to follow for ensuring that the constitutional doctrines of 

reasonableness, equal protection under the laws, and due process of law are observed. They must also guard against 

violation of its prohibitions against unlawful search and seizure, impairment of obligations of contract, and unlawful 

delegation of authority. These factors encompass items of great importance to housing inspection supervisors such as the 

inspector's right of entry, reasonable hours of inspection, proper service, and the validity of the provisions of the housing 

codes they administer. All are described and discussed generally, in light of United States Supreme Court and state 

supreme court tests and decisions, in the publication entitled, "The Constitutionality of Housing Code."2 This publication is a 

clear and excellent source of information about the constitutional administration of housing codes.

A Determination of Legal Owner of Record

In some communities the importance of ascertaining the legal owner of record is not fully understood by the housing 

inspection supervisors and inspectors. Consequently, they lose cases in court because they have not taken action against 

the proper party. This problem often arises in connection with "land contract of sale" properties, where the legal deed never 

passes to the purchaser until he has paid for the property completely. In these cases, the person who is selling the property 

is the rightful owner and the action should be taken against him.
The method of obtaining the name and address of the legal owner of a property in violation varies from place to place. 

Ordinarily a check of the city tax records will suffice unless there is reason to believe these are not up to date on the 

property in question. In the latter case, a further check of county or parish records will turn up the legal owner if state law 

requires him to register his deed there. If it does not, the advice of the municipal law department should be sought about 

the next steps to follow.

B Due Process Requirements

Every notice, complaint. summons, or other type of legal paper concerning alleged housing code violations in a given 

dwelling or dwelling unit must be legally sewed on the proper party. This might be the owner, his agent, or the tenant, as 

required by the code, in order to be valid and to prevent harassment of innocent parties. It is quite customary to require 

that the notice(s) to correct existing violations and any subsequent notices or letters to the violator be served by certified or 

registered mail with return receipt requested. The receipt serves as proof of service if the case has to be taken to court.

Due process requirement also calls for clarity and specificity with respect to the alleged violations, both in the violation 

notices and the court complaint-summons. For this reason, special care must be taken to be complete and accurate in 

testing the violations and charges. To illustrate, rather than direct the violator "to repair all windows where needed" he 

should be told exactly which windows and what repairs are involved. Unless he is so advised, his attorney has a built-in 

defense against the city's case.

The chief limitation on the due process requirement, with respect to service of notices, lies in cases involving immediate 

threats to health and safety. In these instances, the inspection agency or its representative may, without notice or hearing, 

issue an order citing the existence of the emergency and requiring such action to be taken as is deemed necessary to meet 

the emergency.

C Hearings and the Condemnation Power 

The purpose of a hearing is to give the alleged violator an opportunity to be heard, if he wishes, before further action is 

taken by the housing inspection agency. These hearings may be very informal, involving meetings between a representative 

of the agency and the person ordered to take corrective action. They may also be formal hearings at which the agency head 

presides and the city and the defendant both are entitled to and usually are represented by counsel and expert witnesses. 

Each type will be discussed below. 

?Informal Hearings- A violation notice may raise questions in the mind of the violator or may be served on him at a time 

when personal hardships or other factors prevent him from meeting the terms of the notice. Therefore, many housing codes 

afford him an opportunity to have a hearing at which he may discuss his questions or problems and seek additional time or 

some modification of the order. Administered in a firm but understanding manner, these hearings serve as invaluable aids 

in relieving needless fears of those involved, in showing how the inspection program is. designed to help them, and in 

winning their voluntary compliance. 

Formal Hearings - These are quasi-judicial hearings - even though the prevailing court rules of evidence do not control-from 

which an appeal may be taken to court. All witnesses must therefore be sworn, and a stenographic record of the 

proceedings must be made. 

The formal hearing is used chiefly as the basis for determining whether a dwelling is or is not fit for human habitation, 

occupancy, or use. In the event it is proved "unfit," the building is condemned as such and the owner is given a designated 

amount of time either to rehabilitate it completely or to demolish it. Where local funds are available or the new Federal 

demolition grant program is in effect, if the owner fails to obey the order within the time specified, the municipality may 

demolish his building and put a lien against the property to cover demolition costs. 

This type of "condemnation" hearing is a very effective means of stimulating prompt and appropriate corrective action when 

it is administered fairly and firmly. This is particularly true if the community funds are available for demolition action when 

the owner proves reluctant or unwilling to obey the order. 

In some places, such as Oakland, California, the housing inspection agency is permitted only to order unfit buildings 

repaired or vacated until they are repaired. In others, such as Jersey City, New Jersey, the local ordinance also empowers 

the housing inspection agency to order these buildings demolished by the city if the owners fail to repair or demolish. 

D Special Features for Coping with Common Problems 
Limitation of Occupancy Notification -This technique was pioneered by Wilmington, Delaware. It makes it mandatory for 

property owners in the community to obtain legal notice from the housing inspection agency of the maximum number of 

persons that may occupy each of their dwelling or rooming units. It also requires these owners to have a residence, place of 

business, or an agent for their properties within the community. The agent should be empowered to take remedial action on 

any of the properties found in violation. In addition, if the property is sold, the new owner must obtain a new Limitation of 

Occupancy Notification. The fee charged is nominal. 

Request Inspections-California and Pennsylvania are among the states that permit their municipalities to offer a request 

inspection service. In return for a fee, the housing inspector will inspect a property for violations of the housing code before

its sale so that the buyer can learn its condition in advance. Some communities require owners to notify prospective 

purchasers of any outstanding notice of violations they have against their property before the sale. If they fail to do so and 

their properties are in violation, the code holds them liable to civil action by the purchaser and quasi-criminal action by the 

inspection agency as housing code violators. 

Tickets for Minor Offenses-Denver, Colorado, has used this method of token fines to prod minor violators and first offenders 

into correcting without the city resorting to court action. There are mixed views about this technique because it is so akin to 

formal police action. The inspection agency's primary function is to achieve compliance rather than to punish a criminal for a 

crime that cannot be "corrected" once the damage has been done. Nevertheless, if the action stimulates compliance and 

reduces the amount of court action needed to achieve it, the ticket technique will undoubtedly spread. 

E Other Administrative Aids: Forms and Form Letters

There is tremendous diversity in these aids, yet many small communities have little information about them. The reason for 

this is that no one in the nation has developed a "housing inspection library" of standard forms and letters. 

Before describing a fairly typical set of forms and form letters, it should be stressed that inspectional forms to be used for 

legal notices must (a) satisfy legal standards of the code, (b) be meaningful to the owner and sufficiently explicit about the 

extent and location of particular defects, (c) be adaptable to statistical compilation for the governing body reports, and (d) 

be written in a manner that will facilitate clerical and other administrative usage. 

The Daily Report Form-This form gives the inspection agency an accurate basis for reporting, evaluating, and. if necessary, 

improving the productivity and performance of its inspectors. 

Complaint Form-This form helps in obtaining full information from the complainant and thus makes the relative seriousness 

of the problem clear and reduces the number of crank complaints. 

No Entry Notice-This advises occupant or owner that inspector was there and notifies him he must call and make an 

appointment or face legal action. 

Inspection Report Form - This is the most important form in the agency. It comes in countless varieties ranging from 

manual, to key punch, to "automated" and from almost complete write-in to almost complete check-off types. If it is 

designed properly, it will (a) ensure more productivity and more thoroughness by the inspectors, (b) reduce the time spent 

in writing reports, (c) locate all violations correctly, and (d) reduce time required for typing violation notices. Forms may 

vary widely in sophistication from a very simple form to those whose components are identified by number for use in 

processing the case by automation. Some forms are a combined inspection report and notice form in triplicate so that the 

first page can be used as the notice of violation, the second as the office record, and the third as the guide for reinspection.

A covering form letter notifies the violator of the time allowed to correct the conditions listed in the report-notice. 

Violation Notice-This is the legal notice to the owner or tenant that the specified housing code violations in his property or 

dwelling unit exist and must be corrected within the indicated amount of time. It may be in the form of a letter that includes 

the list of alleged violations or has a copy of these attached. It may be a standard notice form, or it may be a combined 

report-notice. Regardless of the type used, each should make the location and nature of all violations clear and specify the 

exact section of the code that covers each one. The notice must advise the violator of his right to a hearing. It should also 

indicate that he has a right to be represented by counsel and that failure to obtain counsel will not be accepted as grounds 

for postponing a hearing or court case. 

Hearing Forms-These should include a form letter notifying violator of date and time set for his hearing, a standard 

summary sheet on which the supervisor can record the facts presented at an informal hearing, and a hearing-decision letter 

for notifying all concerned of the hearing results. The latter should include the names of the violator, inspector, law 
department, and any other city official or agency that may be involved in the case. 

Reinspection Form Letters or Notices-These have the same characteristics as the Violation Notice previously referred to 

except that they cover the follow-up orders given to the violator who has failed to comply with the original notice within the 

time specified. Some agencies may use two or three types of these form letters to accommodate different degrees of 

response by the violator. Whether one or several are used, standardization of these will expedite the processing of cases. 

?Court Complaint and Summons Forms-These forms advise the alleged violator of the charges against him and summon 

him to appear in court at the specified time and place. It is essential that the housing inspection agency work closely with 

the municipal law department in the preparation of these forms so that each is done in exact accord with the rules of court 

procedure in the state and community. 

Court Action Record Form-This is not a very prevalent form, but it should be, for it provides an accurate running record of 

the inspection agency's court actions and their results. 

If a housing inspection agency does not include all of these forms and form letters in its basic kit, it should move to 

introduce the needed additions. Although it will take some time to arrive at the best forms to meet local needs, once they 

are put into use they will result in marked savings of time. 

VII. Substantive Provisions of a Housing Code 

A discussion of the substantive provisions of a housing code will be divided into three main categories. Discussions follow on 

each of these categories. 

A Minimum Facilities and Equipment for Dwelling Units

What are the minimum facilities and equipment that should be required for a dwelling unit? Keep in mind during this 

discussion that a dwelling unit must have provisions for preparing at least one regularly cooked meal per day within the 

unit. Minimum equipment should include a kitchen sink in good working condition and properly connected to the water 

supply system approved by the appropriate authority. It should provide, at all times, an adequate amount of heated and 

unheated running water under pressure and should be connected to a sewer system approved by the appropriate authority. 

Cabinets or shelves, or both, for the storage of eating, drinking, and cooking utensils and food should be provided. These 

surfaces should be of sound construction and made of material that is -easily cleanable and that will not impart a toxic or 

deleterious effect to the food. In addition, a stove and refrigerator should be provided. Within every dwelling there should 

be a nonhabitable room that affords privacy and is equipped with a flush water closet in good working condition. Within the 

vicinity of the flush water closet a lavatory sink should be provided. In no case should a kitchen sink be permitted to 

substitute as a lavatory sink. In addition, within each dwelling unit there should be provided, within a room that affords 

privacy, either a bathtub or shower or both, in good working condition. As mentioned in the discussion of the kitchen sink, 

both the lavatory basin and the bathtub or shower or both should be equipped with an adequate amount of heated and 

unheated water under pressure. Each should be connected to an approved sewer system. Obviously, within each dwelling 

unit two or more means of egress should be provided to safe and open space at ground level. Provisions should be 

incorporated within the housing code to meet the safety requirements of the state and community involved. The housing 

code should spell out minimum standards for lighting and ventilation within each room in the structure. In addition, 

minimum thermal standards should be provided. Although most codes merely provide the requirement of a given 

temperature at a given height above floor level, the community should give consideration to the use of "effective 

temperatures." The effective temperature is a means of incorporating not only absolute temperature in degrees but also 

humidity and air movement. This mechanism gives a better indication of the comfort index of the room. 

B Adequate Maintenance of Dwellings and Dwelling Units and of Their Facilities and Equipment

The code should spell out provisions that no person shall occupy or let for occupancy any dwelling or dwelling units that do 

not comply with stated requirements. Generally, these requirements specify that the structure be in sound condition and 

good repair regarding foundation, roof, exterior walls, doors, window space and window condition; that it be damp-free, 

watertight and reasonably weather tight; that all structural surfaces be sound and in good repair. These provisions basically 

state that any necessary repairs should be made before the unit is relet to new occupants. For detailed information 

regarding these items, see Section VII of the 1975 "APHA-CDC Recommended Housing Maintenance and Occupancy 

Ordinance." 
C The Occupancy Conditions of Dwellings and Dwelling Units 

Occupancy provisions- -set maximum density standards within dwelling units. Generally, they require a given quantity of 

square footage of space for sleeping area. Requirements in this section restrict the number of basic families permitted 

within any one dwelling unit. They state, in addition, the minimum ceiling heights, and closet space. 

The housing code is the basic tool of the housing inspector. This code spells out what he may and may not do. It sets the 

requirements he will enforce and provides him with his basis for action. A housing effort can be no better than the code 

allows.

REFERENCES

APHA CDC Recommended Housing Maintenance and Occupancy Ordinance. DHEW Publication No (CDC) 75-8299. Atlanta, 

1975.

Constitutionality of Housing Codes. 2nd Edition 1964, National Association of Housing and Renewal Officials. Washington, D.C.

Table of Contents | Acknowledgements | Foreword | Chapter1 | Chapter 2

Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7

Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11

 

 

Air Pollution and Respiratory Health Global Health Office

Asthma Health Studies

Division of Laboratory Sciences Mold

Emergency and Environmental Health 

Services

Preventing Lead Poisoning in Young Children

Environmental Hazards and Health 

Effects

Vessel Sanitation - Sanitary Inspection of 

International Cruise Ships

Environmental Public Health Tracking

NCEH Home| Programs | Publications | Contact Us | Privacy | About NCEH

CDC Home | CDC Search | Health Topics A-Z

This page last reviewed June 11, 2002 

Centers for Disease Control and Prevention 

National Center for Environmental Health