Rental Registration Rules and Responsibilities

Before you register a rental property, make sure you know the rules and responsibilities. The rules below cover things like inspections, the length of Certificates of Compliance, the number of units inspected, and which properties may be exempt from city inspection. The responsibilities let you know what you will need to do as the owner or local agent of a property. 

Responsibilities of Property Owner and Local Agent

It is the responsibility of the landlord to register all rental dwellings - including hotels, motels, residential cooperatives, bed and breakfasts, rooming houses and short term rentals – with the city. The owner must also designate a responsible local agent. In most cases, the owner may act as the local agent. However, if the owner does not live within the approved zip code ranges listed below, or does not want to manage the property, a responsible local agent must be designated.

The local agent will be responsible for ensuring conformance with the Housing Code (Chapter 17) and other related City Codes. All notices from the city regarding the rental registration program will be sent to the agent. The agent must ensure the property receives a Certificate of Compliance prior to leasing the property.

Approved Zip Code Ranges for Responsible Local Agent (agent must live or work within these zip codes, or if not listed, be appealed to the City for consideration): 49001-12; 49014-20; 49024; 49026; 49034-35; 49041; 49045-46; 49048; 49050; 49052-53; 49055; 49060; 49062; 49065-67; 49070-72; 49074; 49077- 84; 49087-88; 49097

The local agent is also responsible for keeping all contact information (including email addresses and phone numbers) current with the Rental Registration & Certification Program any time such information changes. Changes can be submitted online at www.kalamazoocity.org/rentalregistration, or by completing a new Rental Registration Application form available on the website. If the owner moves, the City Assessor (269-337- 8011) must also be informed. Address changes can be sent to the City Assessor via email to cokassessor@kalamazoocity.org.

It is the responsibility of the local agent to schedule all inspections and reinspections for certification by calling 269-337-8026. Reminder notices about expiring certificates are COURTESY ONLY. The city makes every effort to send expiration reminders out up to 120 days in advance, but ultimately it is the owner or local agent’s responsibility to know when certification renewal is necessary and schedule the required inspection.

The Fee Schedule for the Rental Registration & Certification Program changes periodically and is designed to encourage owners/agents to take proactive measures to manage and recertify properties. Qualifying properties renewing a certificate prior to expiration certificate MAY be eligible for a 40-month Certificate of Compliance. Exceptionally managed properties with a track record of compliancy MAY qualify for a 52-month certificate. See the website link “Rental Inspection Rules” for qualifying criteria. 

Updated: March 2016   

Rules for Rental Property Registration Program

These rules address how frequently the city may inspect rental properties; establish the length of the certificate of compliance; establish the conditions by which properties are eligible to qualify for 40 or 52 month certificates; outline use of conditional certificates; provide the criteria by which residential cooperatives are exempt from the inspection process; and outline procedures for non-compliant properties.

(a) The city shall be entitled to at least one inspection every 28 months for all rental property.

(b) All properties shall be able to qualify for a 40 month Certificate of Compliance subject to the following conditions:

i) Only properties renewing current certificates shall be eligible. The new certificate must be issued PRIOR to the expiration of the current certificate.

ii) The property must have had no appearance tickets or enforcement letters issued during the period of the expiring certificate.

iii) The property must not have had any more that six documented violations during the previous 28 month certificate, or any more than nine documented violations during the previous 40 month certificate, (whichever is applicable) of Chapter 15A or Section 22-3 of the Kalamazoo City code.

iv) Any violations of city codes, which were issued in the previous inspection cycle, must have had a timely resolution.

v) In the event that the property does not qualify for a 40 month certificate, a 28 month certificate will be issued.

(c) Properties may qualify for a 52 month Certificate of Compliance subject to the following conditions:

i) Only properties renewing a certificate are eligible.

ii) The property must have had TWO previous 40 month Certificates of Compliance (most recent two cycles).

iii) The new certificate must be issued PRIOR to the expiration of the current certificate.

iv) No conditions may remain (no 52 month conditional certificates).

v) The property must have had no appearance tickets or enforcement letters issued during the period of the expiring certificate.

vi) The property must not have had any more than four documented violations of Chapter 15A (Garbage/Trash) or 22-3 (Nuisances) of the Kalamazoo City code during the previous 40 month certificate.

vii) Any violations of city codes, which were issued in the previous inspection cycle, must have had a timely resolution. viii)In the event that the property does not qualify for a 52 month certificate, a 40 month certificate may be issued if the criteria in (b) above are met, otherwise a 28 month certificate will be issued.

(d) Properties with 30 or fewer units shall have all units inspected at each certificate renewal.

(e) The number of units inspected in multiple dwellings containing more than thirty (30) dwelling units shall be: 30 units plus 25 percent of all remaining units. The entire complex shall be certified based on the sample of units inspected unless, due to the nature and/or number of violations, the inspector feels that additional inspections are necessary to assure significant compliance. Inspections at properties with more than 30 units shall also require that:

i) The common areas of all buildings will be inspected.

ii) The exterior of all buildings will be inspected.

iii) Exterior recreation, courtyard, parking, accessory structures and other similar areas/structures will be inspected.

iv) The housing inspector shall decide which units will be inspected upon arriving for the inspection. The property owner/agent shall be instructed to make the entire complex aware of the scheduled inspection day(s) and to be ready for the inspection.

v) The number of units to be inspected (based on the formula) will be equally distributed between different buildings (if applicable).

(f) Conditional Certificates may be issued to property owners when substantial compliance is achieved for the dwelling, except that 1) exterior items of a non-life/safety nature may be set for a reasonable completion date in the future; and/or 2) items of a non-life/safety nature that will be appealed to the Building Board of Appeals until such decision is rendered; and/or 3) no more than three interior items of a non-life/safety nature which will be completed within 60 days.

(g) Exemptions

i) Residential Cooperatives, which are required to be inspected by the Department of Housing & Urban Development, subject to Real Estate Assessment Center (REAC) standards (or other applicable standard), and receive a score of at least 75%, shall be exempt from obtaining a certificate of compliance from the City. However, the property must still be registered with the City 3 and will be subject to the Annual Rental Registration fee. Further, the most recent REAC inspection report, indicating score, must be submitted to the City within 30 days of the adoption of these rules, and within 30 days of any subsequent HUD inspection. If the cooperative does not score high enough to be exempt, the property will be inspected based upon the same standards as other similar properties regulated under Chapter 17.

ii) Properties which are inspected by HUD, and discontinue their affiliation with HUD, thereby no longer obligated to HUD inspection, must then obtain a certificate of compliance from the City.

iii) Residential cooperatives shall NOT be exempt from complaint inspections and/or associated cost recovery fees.

(h) Properties with a documented history of noncompliance, or are 12 months or more past certificate expiration, will be limited to a 16 month certificate.

(i) All renewed certificate expiration dates are calculated from the expiration date of the last valid certificate.

(j) Occupied rental properties, which are more than four months past certificate expiration, may be subject to a vacate order.