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Ms. Bennett October 3,2006 Page 3 application. We have added language to Section 907.05 which provides that a property owner who is currently renting a properiy covered by Section 907 has 60 days to file an application for registration following the adoption of Section 907. Section 907. 07-T�ansfe� of P�ope�ty We recommend adding language to Section 907.07, which governs the transfer of properiy, to limit the ability of a properiy owner to whom a correction order has been issued to transfer the property without first complying with the correction order or advising the new proposed owner about the correction order. We have included proposed language for this purpose in the enclosed draft Ordinance. Section 907. 08 — Regist�ation Suspensions and Revocation Section 907.08 provides that a registration may be suspended or revoked based on the failure to provide inspection access when requested. We are concerned that a property owner may challenge this language given the ruling in the case of Camara v. Munici�al Court of the Citv and Countv of San Francisco, 387 U.S. 523 (1967). In that case, the United States Supreme Court concluded that either consent or an administrative warrant is necessary in order conduct an inspection pursuant to a city housing code. Because Section 907.08 authorizes the revocation of a registration if an owner does not consent to an inspection when requested, an owner could argue that the law forces him to waive his constitutional right (i.e. his right to insist on an administrative warrant prior to an inspection) or subjects him to punishment �r_�_ the revocation of his registration) if he does not waive his constitutional right. A court could find that this particular provision of the Ordinance violates the owner's right to insist upon the City obtaining a warrant in order to conduct such an inspection. Thus, we have revised the language to provide that a registration can be suspended or revoked based upon the failure to provide inspection access when presented with an administrative warrant authorizing the inspection. Section 907.10-Violation Section 907.10 provides that it is a violation of Section 970 to maintain a rental dwelling unit without ha�ing the property registered. Again, we believe that there should be an exception for current property owners who have not been previously required to register their rental properties. We have added language to Section 907.10 to address that situation. Section 907.10 also does not provide that it is a violation to maintain a rental dwelling unit after the registration has been suspended or revoked. We have proposed language to this Section which would address that situation.