What I've Learned Over Four Decades
By Derrick Ruiz
eXp Realty | Multifamily Investment Specialist
This is not legal advice. You should always consult your own attorney before making decisions regarding inspections, warrants, or municipal compliance. I am simply sharing the process I have personally used and observed.
In this article, I'm going to walk you through how apartment owners in Los Angeles can legally refuse a Systematic Code Enforcement Program (SCEP) inspection under current law.
This applies to multifamily owners in the City of Los Angeles, including neighborhoods such as Venice, Sherman Oaks, and other areas under LAHD jurisdiction.
Several years ago, property owners had little practical ability to refuse SCEP inspections. Inspectors could request entry, and owners felt they had no real option but to comply.
Following litigation involving Fourth Amendment concerns, the City amended its ordinance (Ordinance 185644). The revised framework clarified that property owners and tenants have the right to refuse entry absent a warrant.
However, the ordinance also makes clear that the City may respond to a refusal by seeking an administrative warrant from a judge to gain entry.
That distinction is important:
Understanding that balance is key.
Over the years, I've seen inspections result in citations for:
For some owners—especially seniors or small "mom and pop" landlords—compliance costs can be significant. Even minor citations can trigger expensive repairs, re-inspections, and administrative fees.
Because of that, some owners choose to exercise their legal right to refuse entry unless and until the City obtains a warrant.
Again, that is a strategic decision that should be made with legal counsel.
When a SCEP notice is received by mail or posted on the property, here is the general approach I have used:
The letter should include:
The letter should clearly state that you are asserting your right to refuse entry pursuant to the applicable ordinance.
Example framework:
Property Address: 123 Main Street
Case ID: 123456
Date
Code Enforcement Division:
I have received your notice requesting entry to conduct a Systematic Code Enforcement Program inspection at the above-referenced property.
Pursuant to Ordinance 185644 and applicable municipal code provisions, I am asserting my right to refuse entry to the property at this time.
If the City wishes to proceed further, please direct future correspondence to me via email at [your email address].
Sincerely,
[Owner Name]
Tenants also have independent rights regarding entry into their units. In my experience, some tenants prefer to assert their right to refuse entry as well.
If tenants wish to do so, they may provide their own written refusal directly to the City. This is a separate decision that tenants must make for themselves.
I scan and email the refusal to the assigned inspector and retain copies for my records.
In many cases, inspectors respond in one of several ways:
If the City applies for and obtains an administrative warrant, the situation changes. At that point, legal counsel becomes critical.
An administrative warrant authorizes entry under court approval. Ignoring or interfering with a warrant can create legal exposure.
Critical Understanding:
Refusal is a legal right.
But escalation is also a legal option available to the City.
Some owners report that after a refusal letter, inspections do not proceed further. Others report that the City seeks a warrant. Outcomes vary.