Safety standards for rental properties

Once you become a landlord it is important to assure that your properties meet the most stringent safety standards.

This list is not all encompassing but rather addresses major problem areas evidenced in the recent past. Anything you do to address deficiencies you can find in these areas on your property, or in your policy or programs, would be to your benefit; everyone recognizes good management.

• Independent Contractors (roofers, plumbers, tree-trimmers, gardeners, etc.) - Always hire contractors who are insured and can provide a certificate or other evidence of insurance coverage. For jobs which require a contractor's license, demand to see the license and obtain a copy or take down the information. In both cases, check out its authenticity. If the project is big enough, you should absolutely get a certificate of insurance and have them name you as an "Additional Insured" under their insurance policy.
  
  
• Windows and Screens - If windows can be opened, they should be screened. However, while it is recognized by California law - "screens are to keep bugs out, not to keep children in," many suits have occurred from children falling out of windows. You cannot discriminate and not rent upper floors to people with children but you can be sure screens are in place, fit properly and are secured. This will protect you from a negligence charge. When renting to families with small children, even babies, make it a practice to strongly suggest they do not place furniture directly beneath or at windows.
  
  
• Fences/Railings and Handrails - In the past these items served a dual purpose - safety and aesthetic adornment. The primary function has always been and will always be safety. Because of children falling through or climbing over railings and falling, new codes have been adopted in many areas requiring openings of no more than four inches between bars or slats. Also, periodically check the strength of the bars or whether they are securely attached, as loose ones can cause injury. This creates a problem for many older properties. There are different remedies that can be applied, many of them inexpensive. Retrofitting is an inexpensive way to avoid a costly lawsuit and embarrassment.
  
  
• Uninhabitability - This is not a problem in well-managed, well-maintained properties. Quickly addressing general maintenance issues solves many problems. A timely response to complaints is necessary, especially for the presence of rodents or insects, trash disposal and general maintenance. This includes water leaks which, if not remedied promptly, can cause growth of toxic mold or mildew. The courts usually hold a standard of whether you would live there under those conditions.
  
  
• Locks and Latches - Security can be a big issue. You are required to provide adequate locks but why stop at the minimum? For a minimal additional investment you can get a superior lock or deadbolt with heavier strike plates. Anything you do in this area enhances your standing in court in case you are sued. Locks on laundry rooms are critical; and laundry rooms should be locked at all times. Tenants who need to use it would have a key and others should not. This action would prevent children playing with dangerous machines, people being attacked, gatherings for other unrelated activities or vandalism and theft.
  
  
• Inspection and Maintenance of Logs - Frequent inspection of your investment will do more than protect its value; it protects you and keeps you aware of what is going on. Some walk their property daily, others weekly or monthly, and unfortunately others almost never. Even if you live quite a distance away, you can use a real estate operation or employ a property manager to make sure someone is regularly inspecting the property looking for things which need to or should be addressed. Perhaps trimming, pick-up of discarded articles, or general maintenance would be noted. You have a valuable asset - protect it and you will be rewarded. Neglect it and it will waste away.
  
  Maintaining notes or a log of your visit and observations is important. Also recording dates of such items as fire extinguisher recharging and battery replacement in battery-operated smoke detectors is very important should you ever have to go to court. An annual automatic battery replacement program done on your annual walk through or at the time you replace or clean air filters on the air-conditioning would be an approved approach. If you have a problem with fire extinguishers being stolen, create a program giving each tenant a small one for their kitchen at the time of initial move in. You could charge a nominal charge or include it as part of the security deposit then if they return it when they move out they get their money back. Be sure written instructions are provided about maintenance of a properly charged extinguisher being the tenant's responsibility until they turn it in.

• Fair Housing Regulations - Although your policy does not cover you for discrimination by you or your employees, it is important to know how to protect yourself against Fair Housing complaints and/or lawsuits. If you are not familiar with applicable regulations it is a good idea to contact your local Fair Housing Council, which may offer guidance or seminars to educate landlords and property managers on equal opportunity housing. Additionally you can purchase "Tenant Discrimination Liability Insurance" from specialty markets (excess and surplus lines companies) to protect you from litigation of this type.
  
  
• Emergency Lighting:
  For any building more than three stories in height, and which has interior halls and/or stairs, an emergency lighting/illuminated exit sign system is required. This system should provide lighting for interior hallways, stairs, lobby area and any other common areas in the building, as well as all means of egress from the building. (Power for the lights can either be provided by batteries, which are on constant charge from the electrical system, or be an approved system using an emergency generator.)
  
  
• Smoke Detectors:
  If detectors are battery-operated or hardwired, they must be checked every six months by the Insured, and a written log maintained.
  
  
• Railings/Stairways - Vertical:
  Any vertical balcony or stairway railings with openings between four and six inches are within branch authority and are waive-able. However, any balcony or stairway railings over six inches must be retrofitted. This can be accomplished using various methods. A licensed contractor can be contacted for installation of expanded metal, Plexiglas or lattice. This will prevent children, tenants or guests from slipping or falling off. The openings of any materials used cannot exceed 2" x 2".
  
  
• Railings/Stairways - Horizontal:
  Horizontal railings pose a problem in two different ways. They not only have the opening similar to the vertical railing for falling through, but they are also a climbing apparatus. Therefore, horizontal railings must be retrofitted before an insurance company will cover.
  
  
• Swimming Pools:
  There can be NO DIRECT ACCESS to the pool area. Swimming pools must be totally enclosed with a five-foot perimeter fence. Gates must be self-closing and latching. This means they must automatically close and latch by themselves when released. No diving boards or slides are permitted. In similar regard, pools by code must be fenced or secured and there are requirements related to latches on the entry gates.

Fences must be no less than 4 ½ feet high and must have a self-closing, self-latching gate. The law is primarily aimed at preventing small children from falling in and drowning. While you cannot baby sit each and every child in your buildings, you can take certain precautions. Most important would be a written statement by you, given to all tenants (usually at initial move in), about keeping pool area latched and no small children (non-swimmer and children under age 12) allowed in the pool area without an adult. This, along with providing proper lifesaving equipment and proper maintenance and security, protects you as best it can.

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