Cal. Civ. Code § 17970.5
California Health and Safety Code
Operative Text
(a) Notwithstanding any other provision of this part, a city or county that receives a complaint from a tenant, resident, or occupant, or an agent of a tenant, resident, or occupant, regarding a potential violation of Section 17920.10 or regarding a building being substandard pursuant to Section 17920.3 shall do all of the following: (1) Inspect the building or portion thereof intended for human occupancy, including any dwelling unit, guestroom, or suite of rooms, or the premises on which it is located, that may be in violation of Section 17920.10 or that may be substandard pursuant to Section 17920.3. (2) Document any violations of Section 17920.10 that would be discovered based upon a reasonably competent and diligent visual inspection of the property and identify any building or portion thereof intended for human occupancy, including any dwelling unit, guestroom, or suite of rooms, or the premises on which it is located, that is determined to be substandard pursuant to Section 17920.3, as applicable. The documentation shall be included in the inspection report described in subdivision (d). (3) As applicable, advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and schedule a reinspection to verify correction of the violations. (b) A city or county shall perform an inspection conducted pursuant to subdivision (a) at least as promptly as that city or county conducts an inspection in response to a request for final inspection pursuant to Section 110 of the California Building Code. (c) Notwithstanding subdivisions (a) and (b), a city or county is not required to conduct an inspection in response to either of the following types of complaints: (1) A complaint that does not allege one or more substandard conditions. (2) A complaint submitted by a tenant, resident, or occupant who, within the past 180 days, submitted a complaint about the same property that the chief building inspector or their designee reasonably determined, after inspection, was frivolous or unfounded. (d) A city or county shall provide free, certified copies of an inspection report and citations issued pursuant to this section, if any, to the complaining tenant, resident, occupant, or their agent. If inspection reveals a condition potentially affecting multiple tenants, residents, or occupants, including, but not limited to, conditions relating to the premises, common areas, or structural features, then the city or county shall provide free copies of the inspection report and citations issued to all potentially affected tenants, residents, occupants, or their agents. (e) A city, county, or city and county shall not collect a fee, cost, or charge from a property owner or property owner’s agent for any inspection of, or any inspection report about, that owner’s or agent’s property that is conducted or issued pursuant to this section, unless the inspection reveals one or more material violations of Section 17920.10 or deems and declares the property substandard pursuant to Section 17920.3. (f) Nothing in this section limits or alters the existing authority of a city, county, or city and county to impose fees on rental property owners to support a rental property inspection program, or to otherwise impose generally applicable charges, fees, or assessments to cover the costs of inspections or inspection reports required by this section. (g) An inspection or report required by this section shall not be subject to any unreasonable conditions, including any requirements that: (1) The tenant, resident, occupant, or agent first make a demand for correction upon the owner of the property. (2) The tenant be current on rent. (3) The tenant otherwise be in compliance with their rental agreement. (4) The tenant, resident, or occupant not be involved in a legal dispute with the owner of the property. (h) A city or county shall not unreasonably refuse to communicate with a tenant, resident, occupant, or the agent of a tenant, resident, or occupant regarding any matter covered by this section. (i) The requirements of this section shall not be construed to impose a mandatory duty pursuant to Section 815.6 of the Government Code, and shall not be construed to affect the availability of any immunity otherwise applicable to the city or county or its employees, including, but not limited to, Sections 818.2, 818.4, 818.6, 820.2, 821, 821.2, and 821.4 of the Government Code. (j) (1) An action to enforce the requirements of this section shall be brought pursuant to Section 1085 of the Code of Civil Procedure. (2) For purposes of Section 1085 of the Code of Civil Procedure, the requirements of this section shall be construed as acts which the law specially enjoins, as a duty resulting from an office, trust, or station. (k) This section shall become operative July 1, 2022.
California Health & Safety Code § 17970.5 requires cities and counties to inspect residential buildings when a tenant, resident, occupant, or their agent files a complaint alleging substandard conditions or violations of habitability standards. The local jurisdiction must document any violations found during a reasonably diligent visual inspection, notify the property owner of required corrections, and schedule a reinspection to confirm those corrections. Tenants and other affected occupants are entitled to receive free certified copies of any resulting inspection reports and citations, and the inspection cannot be conditioned on factors like the tenant being current on rent or not involved in a legal dispute with the owner. Cities and counties are generally prohibited from charging property owners for these complaint-triggered inspections unless material violations are actually found.
Plain English — not legal advice.
Under Cal. Health & Safety Code § 17970.5, when a local jurisdiction receives a qualifying habitability complaint about a rental property, it is obligated to conduct an inspection and document any violations it finds through a reasonably competent visual review. Compliant operators generally maintain properties in a condition that meets the habitability and building standards referenced in the provision, so that any complaint-triggered inspection does not reveal material violations — which is the threshold at which the jurisdiction may charge the owner an inspection fee. When violations are identified, the jurisdiction will advise the owner of required corrective actions and schedule a reinspection, so property managers typically keep records of maintenance, repairs, and communications that demonstrate timely remediation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Health & Safety Code § 17970.5 gives tenants, residents, occupants, and their agents the right to file a complaint with their city or county and trigger a mandatory inspection of a dwelling they believe is substandard or in violation of habitability standards. The inspection cannot be withheld because a tenant is behind on rent, is not in compliance with their rental agreement, or is involved in a legal dispute with the owner, and the jurisdiction must provide free certified copies of any inspection report and citations issued. Tenants who believe a city or county is not fulfilling its obligations under § 17970.5 may explore enforcement through a writ of mandate under Code of Civil Procedure § 1085, and tenant-rights organizations can help explain what options may be available in a given locality.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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