My chain of command just announced that they're going to inspect on and off-post housing. What are they allow to inspect?

2020-09-24T21:32:07-04:00

So my question is can they order me open up my kid's room if my son and daughter are in their rooms, or if my dogs are in one of the rooms behind a closed door because of not being friendly to strangers can they order me to open. I apologize for such a naive question, I just have never experienced this before. Is there anything I can reference about off post house inspection by the chain of command.

Response by SSG Steven Borders made Sep 24 at 2020 9:57 PM

2020-09-24T21:57:27-04:00

In all my time on active duty I have never had my chain of command do an inspection of my on post housing. It just seems odd to inspect a families house hold unless something was suspected. It's different for Barracks inspections. I know they can do it for on post housing, not sure about off post. Because that is not run by the military.

Response by MSG Private RallyPoint Member made Sep 24 at 2020 10:04 PM

2020-09-24T22:04:56-04:00

Off post housing is not under the jurisdiction of the military, last I knew anyway. I do not believe that the Army has legal capabilities of inspecting off post housing. On post....some bad stuff had to have happened for on post housing getting inspected as I have never heard of that before. I recommend you speak with JAG on this.

Response by SFC Private RallyPoint Member made Sep 24 at 2020 10:44 PM

2020-09-24T22:44:59-04:00

Your chain of command isn’t allowed to enter your off post residence without your invitation. JBLM is conducting these inspections as well, but they are courtesy inspections, not mandatory. The intent is to make sure our Soldiers are being taken care of and not living in decrepit conditions because of bad landlords. You are not required to give entrance to them, and if you do you are not required to let them go anywhere you don’t want them to go. The police can’t even enter your house without your approval and they have legal authority. Your chain of command has no authority over your family or your home.

Response by SSG Dennis Mendoza made Sep 24 at 2020 10:57 PM

2020-09-24T22:57:42-04:00

Thank you everyone for your info I had a feeling leaning towards the same as what everyone has responded so far literally around 1640 central time, the NCO chat in my platoon was some training stuff and then me times the inspections for everyone.
"28 sep, PSG and PL homes to be inspected by R6 and R7
29 sep, section chiefs homes to be inspected by A6, A7, PSG, PL
1-2 Oct, everyone else that does not live in the barracks inspected by A6, A7, PSG, PL" and then a photo of the slides where they scheduled this event but on the slide they put visit on/off post housing.

Response by PO1 Robert Closson made Sep 24 at 2020 11:50 PM

2020-09-24T23:50:51-04:00

The only time my command ever inspected my off base housing was in Philippines and it was before I moved in to make sure it was not some dive or a fake address. This was so I could collect BHA and BAQ allowance in my paycheck. By order of comnavstaphil. After that no other inspections were allowed. I would first take this issue to the command Master Sergeant then to legal follow your chain of command

Response by SSG Private RallyPoint Member made Sep 25 at 2020 3:58 AM

2020-09-25T03:58:26-04:00

They can come to your address off post, but you do not need to let them in. The bigger issue here is, if you have such a poor relationship with your CoC or if your living conditions are so bad, that you won't let them in.

I have happily invited in every officer and/or NCO that has wanted to complete a home inspection.

Response by SSgt Christophe Murphy made Sep 25 at 2020 7:39 AM

2020-09-25T07:39:00-04:00

I was stationed at Marine Barracks Washington DC from 2001-2003. This was before the current annex was built and many Marines were allowed to live out in town after their first year at the Barracks. Some of the Platoons were tasked with doing courtesy visits of those who just recently moved out. It was to ensure that they had adequate conditions and weren't sleeping on the floor with a poncho liner. It was specifically for the unmarried guys who were just forced to move due to limited space. My platoon didn't do this but a roommate of mine was and our place was checked out. Our circumstances were a little different than what you are describing. Our scenario was directly related to guys drawing BAH for being in DC and living in their cars to pocket the money or living in a studio apartment with no furniture to save money. It wasn't a power trip but I have seen Commands try the heavy handed stuff in the past and it go poorly.

Response by MAJ Ronnie Reams made Sep 25 at 2020 10:09 AM

2020-09-25T10:09:43-04:00

Be good question for a lawyer. I can see that they might be able to inspect quarters both on and off if you are using guvment funds (BAH) to rent the qtrs. It might be said that the Guvment is the tenant. If paying with your own funds, NO. If there are still some guvment owned houses on post then yes, they can.

Response by TSgt Private RallyPoint Member made Sep 25 at 2020 10:39 AM

2020-09-25T10:39:36-04:00

The phrase "Get a warrant" comes to mind. Because these quarters more often than not are occupied by civilians (even on base), this would be a violation of search and seizure protections guaranteed under the 4th Amendment.

Response by SGT Private RallyPoint Member made Sep 25 at 2020 2:11 PM

2020-09-25T14:11:53-04:00

Negative off base they can not. On base they have to have permission from your spouse. Unless there is an immediate threat or health and wellness going on for the kids or adults living in the house.

Response by GySgt Kenneth Pepper made Sep 25 at 2020 3:30 PM

2020-09-25T15:30:27-04:00

I'm sorry, but I have never heard of off-post housing being subject to inspection.
What I am about to say is prefaced by the fact that this question came from a SNCO, not some 18 month SPC looking for a way to circumvent his CoC.....
Unless you provide permission, no one in your CoC has the authority to enter your private domicile. I'm sure a lawyer will tell you the same. Your spouse and children are not subject to military law. They certainly have a right to privacy.
I must ask; did something happen in your command that spurred such a drastic action? I was in a unit that had a huge drug bust back in the early 90s and because of it a bunch of people who didn't do anything wrong got their rights shit on. Is that the case here?
Bottom line, you are going to have to choose whether or not you allow this to happen. Much like a vampire, they need permission to enter. Once they have it, your life and the life of your family is open to all kinds of scrutiny. Choose wisely.

Response by CSM Darieus ZaGara made Sep 25 at 2020 4:10 PM

2020-09-25T16:10:47-04:00

This is likely related to health and welfare concerns based on this protracted nationa emergency. They are looking at quarters to ensure you are all healthy and living a healthy life. You can refuse entry, they do have other recourse to check on your health and welfare. If you live in a clean and healthy environment you should not be averse to a quick walk through and hello. I have had this happen to me and done this in many units based on circumstances to individuals or groups. Sometimes people are not even aware that they live in unhealthy conditions based on how they were raised. These visits can be eye openers for all involved. Again, it is for your health and welfare. I would add that whomever you allow should at the very least be someone you and your spouse are comfortable with. As for kids and dogs, they can be moved to other areas? Just one mans opinion.

Response by SFC Private RallyPoint Member made Sep 25 at 2020 4:17 PM

2020-09-25T16:17:08-04:00

They know they can't come in without your permission. If you don't want them, don't let them in. If you don't care, let them in.

This happened a year ago too when all the housing issues were going on. I didn't have any housing issues, I told my leadership don't bother coming over.

Response by SFC Christopher Perry made Sep 25 at 2020 7:46 PM

2020-09-25T19:46:32-04:00

I found this one a little amusing. Not amused that you asked the question. More at the thought of my chain of command assuming they could inspect my home. Would have been amusing enough on post. But we owned the home we lived in off post.

I would have actually kind of enjoy watching this one. Show up at my house and I would feel inclined to just stand back and watch. My wife makes me look nice at times. She knew she wasn’t in control of a whole lot when we went back in. It would be so much fun to watch someone step into the one place she felt she still had some control, and act like they are in charge.

Response by SPC William Weedman made Sep 27 at 2020 4:02 PM

2020-09-27T16:02:51-04:00

I’m going to ask a favor as a prior lower enlisted, every NCO that responded here, look in the mirror and read your reply before you proceed with the mandatory barracks inspection? I get it, the barracks room I’m assigned to is military property and as such is subject to be inspected to ensure I am maintaining it just like every other piece of military equipment I am issued. But just because I left that paper soft drink cup from a fast food restaurant on my desk instead of tossing it in the trash can doesn’t constitute a counseling statement on my “unclean” state of my room. Also finding a penny buried in my desk drawer doesn’t constitute “leaving cash in plain view” Fortunately that squad leader was close to his ETS, his replacement was much more understanding as he was also assigned a room in the same building as an unmarried E-5.

Response by SSG Dennis Mendoza made Sep 28 at 2020 6:26 PM

2020-09-28T18:26:04-04:00

So my wife brought up a good point, why is the chain of command coming to subordinates homes when this pandemic is going on.

Response by CPT Thomas Monahan made Oct 21 at 2020 2:42 AM

2020-10-21T02:42:24-04:00

Wow that’s out there. If the quarters are military leased quarters I would think housing can arrange inspections of the buildings. Perhaps CID and the FBI are checking for BHA fraud or other criminal stuff but they need to get a warrant.

Response by SSG Steven Gotz made Nov 3 at 2020 6:02 PM

2020-11-03T18:02:18-05:00

Maybe times have changed, but back in the early1980s a sergeant in 2nd Armored Division at Fort Hood, at least in my Battalion, was required to visit the homes of the soldiers under his command every year. Health and Welfare they called it if I recall correctly. I never had a problem doing so, but I generally got along with my troops after they got used to the way I did things. I simply treated them with respect and they never gave me any shit about it.

It might have something to do with the fact that there was a story going around about a guy whose off-post privileges were revoked for refusing. I never did find out if it was a true story though.

Response by PFC Robb Hayes made Nov 3 at 2020 11:49 PM

2020-11-03T23:49:00-05:00

Your chain of command is not allow to conduct inspections of any domicile outside of the barracks with out permission. At that point it is an illegal search and IG and jag should be notified.

Response by SP5 Steven Newton made Nov 4 at 2020 10:39 PM

2020-11-04T22:39:27-05:00

I would skip up your CoC and ask the Battalion Commander what he/she thinks of all this.

Response by Sgt Mel Ligon made Nov 5 at 2020 7:53 AM

2020-11-05T07:53:44-05:00

If you live in base housing that's off the main installation, they can in fact check your place. BUT if you are living in a privately owned location that is owned by a private entity, then they have to be invited by you. Your command has no control over non government property.

Response by SGT Private RallyPoint Member made Nov 7 at 2020 10:09 AM

2020-11-07T10:09:01-05:00

I would do 2 things, I would ask to see the regs that allow them to do this, I would also attempt to find those regs. If it just is a command policy I would talk to an individual that works in JAG and get their advice.

This sounds really shady to me. I work at the brigade level and I hate to see people ask for regs but its effective. They might give you the regular it's in, then you ctrl-F it.

Response by SSgt Liz Phalen made Nov 7 at 2020 2:18 PM

2020-11-07T14:18:38-05:00

No, they do not have jurisdiction to demand entry to your off base residence. Even CID, NCIS, or AFOSI would need either a warrant or exigent circumstances to enter your off post residence without your consent

Response by SFC Chuck Martinez made Nov 7 at 2020 2:48 PM

2020-11-07T14:48:32-05:00

I never heard of such thing but they can inspect only on post housing but off base housing is off limits. I never heard of such a thing!

Response by Cpl Vic Burk made Nov 7 at 2020 7:03 PM

2020-11-07T19:03:59-05:00

On base they may have the authority to inspect your living quarters since by being on a military base you authorize search any time. Off base housing not owned by the government, I think not! Unless they secure a search warrant I seriously doubt they have the authority to enter your place of residence unless you say they can. You might want to go talk to a legal beagle (military lawyer so you don't have to pay for it) and let them answer the question, legally. I think someone is overstepping their boundaries here.

Response by SGT Joseph Dutton made Nov 8 at 2020 12:02 AM

2020-11-08T00:02:32-05:00

Will for one if you are a tenant and paying rent / mortgage then they have no right to inspect your dwelling at will unless it is upon your approval and that you will be there. If they want to inspect then it must be in common areas and not private areas. The inspection is only for Health, Welfare, safety, and nothing more or less.

Response by SFC Clark Adams made Nov 8 at 2020 12:23 AM

2020-11-08T00:23:25-05:00

I can understand "Health & Welfare" checks for specific individual circumstances, but home inspection brings to mind intrusiveness into your home life. In the barracks and maybe on post housing you might be required to submit , but off post, I don't think so!

Response by Capt Jeff S. made Nov 8 at 2020 4:17 AM

2020-11-08T04:17:08-05:00

What grounds do they have to inspect your private residence -- OFF BASE??!! Did they state any reason?

Response by CSM Mark Gerecht made Nov 8 at 2020 2:19 PM

2020-11-08T14:19:18-05:00

Here is an article you might want to refer to but I would encourage you to speak with your local JAG or IG as well.

http://asktop.net/q-and-a/can-i-inspect-a-soldiers-quarters-or-off-post-housing-for-health-and-welfare/?all=1

Also consider the following YouTube Channel: Mentor Military https://www.youtube.com/channel/UCj0IXu7SmA2wLoPrNAUfSZA

can-i-inspect-a-soldiers-quarters-or-off-post-housing-for-health-and-welfare

I would caution about giving the impression that the command can "at will" inspect a Soldiers on or off post housing. The command must have permission of the

Response by MSgt Allen Chandler made Nov 8 at 2020 3:37 PM

2020-11-08T15:37:47-05:00

In my opinion this is a perfect example of a lack of communications no commander will take it upon himself to try and walk in and force his way into someone’s house off base without proper authority whatever they’re talking about either they’re trying to do something voluntarily to help the troops are they’ve got some sort of criminal case and they’ve got some court orders but there certainly a lack of communication because this gentleman obviously doesn’t know what’s going on

Response by LCpl Sidney Green made Nov 9 at 2020 12:23 AM

2020-11-09T00:23:48-05:00

Just keep in mind that an inspection is not a search. They're not interested in your personal stuff, only that you have a safe and functional environment to live in e.g. plumbing, electricity, running water, functional safety features, etc.

If you have a room you'd prefer to keep locked for reason XYZ just tell them that (keep in mind they can still ask why) just tell them personal items. As long as the rest of the house is within code, one room shouldn't been an issue.

Remember, you're a commodity, and one that the service has invested considerable finances and resources to. They're just insuring the environmental safety and health of one of their investments.

Response by SFC Herbert Taitingfong made Nov 9 at 2020 4:04 AM

2020-11-09T04:04:32-05:00

The chain of command is not coming out to inspect your on/off post housing like you do to inspect the Soldiers' rooms in the barracks. They come by your home to check if you live at the residence, if you have running water and electricity at your residence and that Uncle Sam's BHA is covering your rent and utilities. Basically the chain of command wants to ensure that the BHA is more than sufficient for quality of life.

Response by SFC Herbert Taitingfong made Nov 9 at 2020 4:06 AM

2020-11-09T04:06:31-05:00

Response by MSgt Wes Tracy made Nov 9 at 2020 8:30 AM

2020-11-09T08:30:29-05:00

It should specify in the court approved search warrant exactly what they can search and what they are looking for. Outside of that, they should vacate your property when you politely ask them to.

Response by PO2 Louis Fattrusso made Nov 13 at 2020 5:47 PM

2020-11-13T17:47:25-05:00

Opening your home is voluntary. They have full rights on base and on ships but your home is your private property. I would have nothing to hide but would refuse entry on constitutional principles.

Response by SSG Watis Ekthuvapranee made Dec 17 at 2020 1:15 PM

2020-12-17T13:15:38-05:00

Call IG, you'll win.

Response by CPL Private RallyPoint Member made Dec 31 at 2020 1:20 AM

2020-12-31T01:20:48-05:00

When I had on post housing just like in the barracks inspection of on post housing was allowed. Off post housing is only authorized with an actual ordered health and welfare check usually stemming from something such as a suicide attempt, drug use, domestic violence anything along those lines otherwise off post housing requires the same as non military citizen you must have a search and seizure warrant and local law enforcement must be present to issue this. A health and welfare check is exactly that to check the health and welfare of the soldier and their family. In both on and off post housing a law enforcement officer must be present and an order to search must be presented. Let me give you a specific on this every soldier has a right to privacy even for a Urinalysis, the commander acting in his or her capacity must make an official order to process this test. Same goes for a home check an order must be made and shown or read before entry otherwise it is unlawful search and seizure. CPS must follow this same procedure they must have an order for investigation and have a law enforcement official with them. They cannot just start taking pictures, barge into your home, and take off with your children. Same applies here. There are civilians involved and they must be given proper verification of a search and seizure warrant on or off post be it from a commanding officer or a judge.

Response by CPL Private RallyPoint Member made Dec 31 at 2020 1:29 AM

2020-12-31T01:29:39-05:00

Not gonna happen. 4th Amendment. There must be probable cause... Even then a verbal search and seizure warrant must be given reduced to writing within 48 hours. Health and welfare checks off post require law enforcement presence on post require the same if civilians are involved. Most housing is ran by civilian companies now so they must give consent on post, off post consent must be given same as with a warrant. A warrant is given to specify who or what is to be investigated.

Response by SGT Randall Smith made Jan 2 at 2021 9:53 PM

2021-01-02T21:53:48-05:00

In 1970 I was living in a duplex in Killeen, Texas been out of the Army for a year. Had gas heat which I was afraid to leave on at night. Too many cases of house fires because of the gas fires. Next door in a 2 bedroom house lived a E-6 Staff Sgt. They had 3 small kids. His rent was $135.00 a month and he made aprox. $450.00 a month. The kids would come to my place sometimes for a sandwich or to get warm. They were covered with bug bites and always hungry. The inside of the house was a pig sty. They needed to be inspected and the landlord fined. GI's from Ft. Hood were screwed every time they turned around.

Response by SFC Dwight Beaver made Jan 3 at 2021 10:07 PM

2021-01-03T22:07:37-05:00

Since the military has been getting negative news because of deaths at certain installations maybe this their way of showing the country they're trying to take care of their troops. However of the 22 years i spent in the Army i jever saw nor heard of anything like this happening. Thats why military move off post in the first place. To get away from it

Response by PO1 Private RallyPoint Member made Jan 10 at 2021 9:39 PM

2021-01-10T21:39:55-05:00

Chains of Commands have no purview into base housing. If they have concerns with members in housing, they can notify the housing office &/or base security, but there has to be reason, not just "because we wanna inspect our troops' houses."

They can pack sand with that BS.

Response by SFC Steven Barry made Jan 26 at 2021 10:55 PM

2021-01-26T22:55:56-05:00

Tell them to go to hell. They don't have the authority. Off post housing cannot be "inspected" by the chain of command without your expressed assent.

Response by GySgt Marc Dickerson made Feb 9 at 2021 4:14 PM

2021-02-09T16:14:06-05:00

Be polite and respectful. When they ask or tell you when they are coming to your residence, just say, "No thank you. I will be happy to answer questions you may have about my home, landlord, etc. But you are not welcome at my residence." There may be some folks unhappy with your decision, and some may even lie to you and say you have to let them on your property and in your home. Stand firm, be respectful, and say NO. And be prepared to take it up the chain of command if someone decides to make life difficult for you for standing up for your rights. Some people can be really petty. If need be, take a trip over to JAG. Ask to see the rules that govern off-base quarters inspections. They should quickly confirm what you can do in this situation. If they had showed up at my house, they would have experienced my wife. And that would have been a bad thing for them. Good luck.

Response by PO1 John Johnson made Feb 9 at 2021 4:46 PM

2021-02-09T16:46:05-05:00

My guess is: If you live on base in Govt. Housing they can inspect because the totality (house and land property) of the property belongs to the Govt., if you live off base but still in Govt. Housing they can inspect, and if you live off base in private housing that is not "leased" by the Govt. they CANNOT inspect.

Keep in mind that "inspect" means to determine that their property is functioning as it should be and becoming a safety hazard, and not a "white glove" inspection because the Admiral or General is coming.

I lived off base in Govt. Quarters in '96-'99, and Base Housing Personnel made annual walk through inspections to see if everything worked properly, nothing major was broken, etc.

Response by SSG Franklin Yarema made Feb 9 at 2021 6:18 PM

2021-02-09T18:18:43-05:00

If you live on post as I understand it yes your quarters can be inspected and or searched at any time. If you live off post they can not inspect your quarters however remember they can make you move on post but they can not make your family move.

Response by MSgt Mark Bucher made Feb 9 at 2021 6:59 PM

2021-02-09T18:59:22-05:00

I’ve been on commander directed health and welfare inspections with local CPS on base with SFOI and AFOSI, but never off base housing

Response by SP5 Richard Welch made Feb 13 at 2021 4:35 PM

2021-02-13T16:35:32-05:00

Those are normal concerns, and your requests should be honored.

Response by MAJ David Atkinson made Feb 15 at 2021 10:00 PM

2021-02-15T22:00:36-05:00

You may want to check with your local JAG. In ancient times, early 70s, it was allowed, especially during IG inspections.

Response by SGT Private RallyPoint Member made Feb 16 at 2021 7:19 PM

2021-02-16T19:19:56-05:00

Generally off post housing cannot be inspected or searched in CONUS unless a warrant or probable cause for an exigent entry exists. There are exceptions, however. In a nutshell, in CONUS it depends on the lease, overseas on the SOFA and the lease as well (see Military Rule of Evidence 315(c)(3), 315(c)(4), 311). If the Service leases your off post housing, it can be considered an extension of government quarters and is as such subject to inspection or search, provided the inspection/search is reasonable under the conditions (Donnelly v. United States - United States v. Reppert). When reaching the courts, elements like the government rather than the individual leasing the property, language in the lease stipulating the right of the service to conduct inspections; government owned furniture, furnishings, appliances, etc. present in or at the location; any contractual liability for the government arising from the occupation of the location; the degree, timeliness, and frequency of inspection notices; along with the reasonableness of the inspection or search in terms of military discipline or order, are deciding factors in how far a Commander can go.

Response by SFC Private RallyPoint Member made Feb 16 at 2021 7:29 PM

2021-02-16T19:29:02-05:00

Your chain of command should already know that they have no ability to enter your off post residence without your permission, or if you have a spouse their permission.

So no they can't order you to let them in your front door. If you choose to allow them, you tell them what is off limits to them. If they get pushy, you can tell them to leave.

It's really that simple.

Response by Wayne Soares made Feb 16 at 2021 7:57 PM

2021-02-16T19:57:55-05:00

Thanks for the post Dennis

Response by SGT Robert Houston made Feb 17 at 2021 7:26 AM

2021-02-17T07:26:07-05:00

just hide the bong in the ceiling tiles

Response by SPC W. Neil Cantor made Feb 18 at 2021 6:58 AM

2021-02-18T06:58:42-05:00

Not sure, but if this is government housing you live in and you receive money to rent or military pays for your housing, it's quite possible inspections are authorized. When I was active not many fellows soldiers lived off base.

Response by Maj Dana Ahrens made Feb 18 at 2021 5:15 PM

2021-02-18T17:15:24-05:00

If the off-post housing is government owned they have the right to do health and comfort inspections as if it were on-base housing. At least that was the case when I was still on active duty and I did exactly that when housing issues were brought to my attention.

Response by COL Victor Hagan made Feb 20 at 2021 3:12 PM

2021-02-20T15:12:21-05:00

No. You are no required to allow a member of your chain of command to enter your off-post residence. Although I do recall making these visits to my junior enlisted Soldiers homes when I was a 2LT stationed in Germany 30+ years ago. Having just graduated from college I thought it was a waste of my time and a violation of the Soldier's privacy until I saw some of the conditions a few of them were living with their families. The good news is we were able to get a few emergency housing and landlords to make necessary repairs. So don't necessarily look at it as a negative. Many of your senior NCOs have all kinds of stuff in their garages and storage units that they might donate if they only knew you needed it.

Response by SSG Ryan Rink made Mar 17 at 2021 10:23 AM

2021-03-17T10:23:09-04:00

If you have nothing to hide, what's the problem?
You'll know when they are coming, fix them something to snack on and take the opportunity to learn and understand the vision of your COC. Get a peek into their life in a off-base atmosphere while using your home as the advantage point.
Thats just my opinion and it worked for me for just under 28yrs.
Good luck, remember that not everyone is out to get you.

Response by SFC R. Lee Linebarger made Mar 17 at 2021 11:41 AM

2021-03-17T11:41:57-04:00

If you are living off-post, who you allow into your residence is entirely up to you and your significant other.
The Army tried pushing this back in the 90s and was met with same resistance. Why? If I buy a home off post it is personal property and as such, I the owner can allow who I want on to the property and prohibit who I wish not to be on my property.
If you are renting, make sure it meets or exceeds post housing office standards for dwelling.
With all that said, if your command presses you report them to the I.G. office and seek legal consel from JAG.

Response by SSG Shawn Mcfadden made Mar 17 at 2021 5:39 PM

2021-03-17T17:39:17-04:00

They are checking if where you live is livable. This is due to some housing areas, mostly on base, have issues of mold, and other things that might cause people to develop ailments over time.

Response by CPT Private RallyPoint Member made Mar 17 at 2021 10:07 PM

2021-03-17T22:07:56-04:00

Wow, who up the food chain decided that just because you signed a contract and live off post that your 4th doesn't count? This sounds like a call to Army Times is in order...
Tell your 1SG to "pound sand". Then go visit JAG and ask them to clarify this to the chain of command at your post.

Response by SGT Jon Goldsberry made Mar 18 at 2021 7:02 PM

2021-03-18T19:02:21-04:00

OK. This happened to me in Germany in the early 80's. Any self respecting commander would do what mine did at the time. He came to my door, glanced inside and left. It was that simple. He knew he was intruding but was required by higher command to do so. It was required at that time (only once) because some soldiers were living in very poor conditions due to bad landlords. It was winter, and if memory serves, either a soldier or family member got frostbite in their home because the landlord kept turning off the heat. The command wanted to ensure the health and safety of all soldiers in what we called "living on the economy ". I personally had no problem with it since I knew my place was well above any standard post housing at the time. I was surprised he didn't want to cone in. We moved to that apartment because of a bad landlord. He controlled the heat, but not so bad as to get frostbite. He would come in the apartment any time he felt like it. He also turned the chimes on our grandmother clock off and we thought it was broken. (Luckily the repairman didn't charge us to move the lever back! Lol) He was also strongly suggesting we get stuff from the commissary for him. He had shelves of American food from previous renters. We finally complained and were authorized to move closer to post on the government dime.
Short story long, if they are wanting to do this, there probably has been an incident, especially since its winter, to make the command want to ensure others are not in the same boat. I am hopeful they arent there to do a full blown inspection. That is a line not to be crossed. But command has the responsibility to ensure the health and safety of ALL soldiers in their command, no matter where they live. But like a previous poster stated, check with JAG. Also, if you have concerns about how your landlord is treating you, the visit is a perfect chance to air your concerns. A letter from the Army goes a long way to get bad landlords to behave correctly.

Response by MSG Dale Fairbanks made Mar 19 at 2021 2:40 PM

2021-03-19T14:40:20-04:00

You have a recourse. Visit the IG and get feedback from them. As mentioned, it might be prudent to let them visit your house, as a guest, but they can remain in the living room and kitchen. There is a lot of emphasis on housing conditions and it could be your commander merely wants to make sure you and your family are safe. Just ensure they understand the bounds of your invitation. Perhaps you could ask them if they are looking for anything in particular.

Response by 1SG Craig DeJager made Mar 19 at 2021 5:13 PM

2021-03-19T17:13:44-04:00

This is a very complex issue with many ugly arms. 1st your Chain of command needs to be very careful with the exact wording used when inspecting anything (their JAG rep can proofread stuff, mine use to) While many are right that off post housing is kinda off limits. I assume DOD pays your BAH so that's their reach into your house but with limitations. Your a Noncommissioned Officer so you also have obligations to live up to in support of your chain of command. at the end of the day just make sure you confirm orders and do the common sense thing and always Take Care of Soldiers.

Response by SGT Ed Walden made Mar 19 at 2021 6:05 PM

2021-03-19T18:05:23-04:00

No, and you don't have to let them.

But keep in mind that, although we want to believe that our CoC is too professional to do so, they can decide to make your daily duty life "Uncomfortable".

Response by MSG Thomas Currie made Mar 20 at 2021 1:32 AM

2021-03-20T01:32:01-04:00

As other barracks lawyers have pointed out, no you do not have to let your command inspect your off-post housing.
What these barracks lawyers didn't mention (at least in any of the responses I read) is that your chain of command has the authority to revoke your permission to live off post if they have any reason to believe your living conditions are unsuitable.
This is the kind of question I would have expected from a private or a wise-ass SP4, not from an NCO. Clearly you either don't give a damn about the soldiers you are supposed to be responsible for, or you think that they should have to put up with standards but you should be exempt. Either way, I am not impressed.

Response by SSG Bob Teachout made Mar 21 at 2021 6:45 AM

2021-03-21T06:45:48-04:00

I had a CSM who suggested an interesting policy. As has been stated that someone in the CoC cannot demand to inspect off-post quarters. BUT, the CoC can schedule a TA-50/II inspection. When that happens - give the off post personel the option of lugging all their TA-50/II on to post - up to the 3rd floor (designated area for off-post personnel) or if you prefer, your CoC will come to your house for the inspection - which would be a bit less informal.
I love giving people choices!

Response by CAPT Private RallyPoint Member made Mar 21 at 2021 2:17 PM

2021-03-21T14:17:20-04:00

These inspections are for you but they aren't (and cannot be) mandatory if you are living off base. The reason they are conducting these inspections is because there has been a problem with members of our military being placed in substandard housing for unreasonable prices. Basically, the landlords and property owners know what BAH is and are charging up to full BAH even when that is not fair market value for property in question. This inspection is to assess the living spaces of services members to make sure they aren't being gouged, that maintenance is being conducted in accordance with leases, etc. If you don't want the inspection, just tell them that you are fine and don't want it.

Response by Maj Dale Smith made Mar 22 at 2021 1:28 PM

2021-03-22T13:28:28-04:00

This falls under the 4th Amendment to the Constitution and your right to be secure within your own home. The SFC at the top of this post nailed it. You may invite your CO or 1SGT into your home, but they have no right to enter your non-government quarters without a warrent.

Response by SP5 Felix Girard made Mar 24 at 2021 3:48 PM

2021-03-24T15:48:14-04:00

Invite the inspection if you can use it to your advantage to put pressure on landlord to make improvements. If you don't want an inspection (for whatever reason) ask for a copy of the rules, regulations, authority and standards to be met for inspections of non-military properties and facilities. Do they also want to inspect your POV?

Response by SPC Paul Davis made Mar 25 at 2021 1:28 PM

2021-03-25T13:28:23-04:00

They have no authority to enter your off post residence without your consent .
JAG may be able to help. Be aware your chain of command may make your life harder because you refused to comply to an inspection. Again JAG would be your best resource . Good luck.

Response by MAJ Jeffrey Johnson made Apr 8 at 2021 3:03 PM

2021-04-08T15:03:07-04:00

I did this as a company commander at Ft Lewis from 1982 - 1984. I was able to assist my soldiers and their families to get necessary repairs; get out of leases; and even waive deposits as the landlords got to know me. My wife usually came along as did one of the NCO s and his wife. And, yes, it was at our soldier's invitation. But, it was with the expectation that I was there to help. Sometimes we even had follow on visits from JAG Admin Law.

Response by COL Private RallyPoint Member made Apr 18 at 2021 6:43 PM

2021-04-18T18:43:43-04:00

As a former commander, I never considered entering off-post housing as an option. I may have authority over the soldier but not his/her family. Since the housing is off-post, it falls under civilian jurisdiction. If I have reason to believe (through police reports and other reports) that the living conditions are unhealthy or unsafe, then I engage civilian authorities in the matter and/or have the soldier temporarily live in the barracks until the situation is resolved. I have the authority to inspect buildings occupied by my soldiers and no more.

But I know this because I started my career as an enlisted soldier and this was taught at the NCO Academy. NCOs are responsible for their troopers. As much as I wanted to ensure their health and welfare, my authority was limited, as it was when I became an officer. If my 1SG or CSM came to me with concerns about the living situation of a soldier, who lives off-post, I directed that NCOs handle this with the soldier not with an order to visit off-post housing. The PSG or Squad Leader should be aware of how the soldier is getting along at home. If they have concerns, then we talk to the soldier and determine the problem. But there is no legal or practical reason for me to go to off-post housing looking for problems.

Finally, unless someone with legal authority (warrant) is seeking to enter your house, you never give permission. If they end up at your front door, demanding entrance, you step outside and shut the door behind you. Your duty is to the Constitution and as such, knowing your rights is just as important as defending them. Hopefully, the Army and the country hasn't changed so much that this has been lost.

Response by SPC Heather Kelley-Case made May 27 at 2021 10:12 AM

2021-05-27T10:12:21-04:00

I had seen a news clip of Military Wife who says that on Post Housing is in poor condition on one of the installations. It is a good idea to let them do an inspection. That way they can make recommendations to Post Command. As for off Post Housing I haven't heard your apartment or house being inspected.

Response by CPL Jason Northedge made May 27 at 2021 3:28 PM

2021-05-27T15:28:36-04:00

Hate to burst everyone's bubble. But if you live off post the Army is paying for it too. So a health and welfare can be done. Or you could always give back your baq.

Response by SSG Ricky Johnson made May 27 at 2021 5:10 PM

2021-05-27T17:10:39-04:00

I’ve read many of the comments and most make sense. Firstly, what are the SOPs, Installation, IMCOM Regulations say about this. One base housing is an IMCOM and Installation Commander responsibility. Offpost, That SOP should cover, what are they looking for, with examples, such ad frayed cords, gang outlets, flammable storage containers, whom is responsible for corrective actions and timelines. Reporting chain and remedies if not corrected. Most of the time, for noncompliance from a landlord, the Installation Housing Officer can place a ban on military rentals. What happens if they find illicit drugs or other forbidden items? This is a can of worms that was not well thought through. Lastly, that Commander had better have a regulation that allows this. Like the one poster said, he owns his own house, better have a warrant.

Response by Todd B made May 29 at 2021 2:44 AM

2021-05-29T02:44:19-04:00

How did you learn of this inspection. Was it from an official memo, or through second hand sources. Is it possible your command wants to do a “ courtesy” inspection and it’s just being blown out of proportion?

Response by MSgt John Scrutchens made May 30 at 2021 6:43 PM

2021-05-30T18:43:41-04:00

Read the complete announcement or ask your IG.

Response by SPC Henry Francis made May 30 at 2021 9:26 PM

2021-05-30T21:26:05-04:00

This is the military under Biden. Maybe they want to see if you are a right wing terrorist (conservative). So far they haven’t been too keen on supporting and defending constitutional rights. As others have said, do NOT give them permission or allow them into your home voluntarily and check with JAG sooner than later. If they just want to see if your are adequately housed, tell them you take some pictures for them... if you want to.

Response by PO2 Hank Kaczmarek made May 31 at 2021 11:54 AM

2021-05-31T11:54:40-04:00

Back in the 80's we were living in Sub-Standard off base housing in New Orleans. It was government housing but because it didn't have things like auto dishwashers and the like, we got partial BAQ.
There was a small fire in the upstairs unit directly above ours. The FD had to come in and be sure it hadn't moved into our quarters. Breakfast dishes were in the Sink, and we had a few loads of clean laundry waiting to be folded on the couch. When you have a 2 year old and a 4 year old, that's pretty common.
The Base Housing people said my wife "was a poor housekeeper" and she had to see the CO of the Main base in New Orleans to be "Counseled".
We moved into civilian apartment building 10 days later. Several civilians were lucky I didn't want to go to jail, or "Asses would be stinging" Big pairs of balls on those people.
On base, nothing you can do. They wanted to bring drug dogs through housing in Puerto Rico, and even though I had no drugs in the house, I sprinkled black pepper mixed with Paprika along baseboards, under furniture, etc just on principle. Never heard anything about it.
I'm a former LEO too---If you live off base, they need a warrant. And in many towns (I know for sure about Norwich, CT when I was at New London), the Judge in Superior court kindly told the NCIS to go piss up a rope when they wanted to search my home as well as others---Guilt by association don't cha know. Didn't work.

Response by SGM Charles Twardzicki made Jun 2 at 2021 10:42 AM

2021-06-02T10:42:48-04:00

The base housing office wanted to ensure that soldiers were receiving adequate housing from the German landlords. The chain of command bought into the idea, and it was voluntary, although not well known. As a 1SG at the time, the idea came from my CSM.

Response by MAJ Anne McGee made Jun 3 at 2021 8:50 AM

2021-06-03T08:50:51-04:00

I'm curious to know if this is a new post-wide policy or just a unit policy. Generally, policy changes like this are rooted in an incident that results in a preventative policy. When I was a Company Commander I had a situation where a young private, who was livibg in the barracks, went home on leave and came back with a young bride. He coukdn't bring her to the barracks so they "crashed" at a buddy's trailor with two other soldiers living there. Not a good situation and it was brought to my attention thru his chain of command who checked-up on his living situation since he had not received permission to live off post. This was a potential disaster that was avoided but I wonder what prompted the new policy with your command?

Response by SGT Lawrence Morris made Jun 3 at 2021 2:47 PM

2021-06-03T14:47:04-04:00

i’m retired military last I remember these are the rules ,anything that physically belongs to the military , they can look at within reason, anything that is physically off posts that the military has no control over, now they can’t request or someone makes a report but then The civilian authorities get involved

Response by SGT John McGee made Jun 27 at 2021 6:39 AM

2021-06-27T06:39:53-04:00

it is a matter of folks living in slumlord housing. We had a lot of folks living in unsafe conditions and we blacklisted a lot of landlords. This can be done without going in homes. Not everyone knows their legal rights for standard of living against landlords as folks do in the civilian world. We even inspected cars and repaired them for our folks. Not everyone knows how to repair cars or have the money. If folks did not have money to buy beds, food, clothing, appliances or anything else to live well, we stood up and took care of them.
We should demand better for our folks.
We looked out for our folks which is our responsibility.

Response by PO1 Lyndon Thomas made Jun 29 at 2021 1:05 PM

2021-06-29T13:05:13-04:00

Times have certainly changed since my TIS. Once you moved off post or off base. Chain of Command/COC lost any and all rights to even Come to your home uninvited, and most definitely could not perform any type of inspection. Then again, one had to prove they were worthy of living off base. You had to be an E5 or higher at some stations. E5 and below had to remain in base housing.

Response by SSG Private RallyPoint Member made Jun 30 at 2021 10:00 AM

2021-06-30T10:00:10-04:00

Just tell your CoC that your civilian spouse don't want them there. Your CoC has no authority over your spouse if he/she is a civilian. If you're staying in on-post housing, technically its the Garrison Commander's authority and jurisdiction. They are like the Mayor of the installation, so they do have authority and responsibility to upkeep it. However, when comes to off-post they have no authority.

Response by Cpl Thomas Washington made Jun 30 at 2021 12:26 PM

2021-06-30T12:26:19-04:00

Please check out your 4th Amendment rights, unless you give consent, or signed a prior consent contract you are not obligated to a search/inspection by authorities. If you have shown reasonable suspicious activity, the story would be different.

Response by Private RallyPoint Member made Jun 30 at 2021 12:50 PM

2021-06-30T12:50:22-04:00

Just in case this hasn't been covered enough, there are countless articles online from military sources that cover this topic thoroughly. My first stop would've been Google, where I'd have gotten all the info I needed and never even needed to come here.

Search engines are great at finding the info you're looking for. You just have to actually use them first. Seems like a common thing that people would rather post the question somewhere and wait for hours/days/weeks someone else to give them the answer before they'll ever spend 60 seconds looking for it themselves. 99% of the time, the info they need is in the first 3 search results but again, you have to actually use them to find this stuff. Something most, people appear to not want and/or know how to do.

Response by CPL Jason Northedge made Jun 30 at 2021 1:23 PM

2021-06-30T13:23:35-04:00

Hey SSG. Not a naive question. But if I remember right. There is a procedure they have to follow before doing health welfare on off post housing. It includes a pre notice.

Response by SMSgt Cary Baker made Jun 30 at 2021 7:37 PM

2021-06-30T19:37:02-04:00

Not sure about this - but I believe off-post housing that is located on post property can be inspected, it not any different than the barracks on post and/or base housing. I had a SSgt who's on base housing was terrible inside - judicial punishment was administered to this individual and social services temporarily removed his children. I agree with the other post, off base housing is private property and your leadership has no authority to inspect your home.

Response by SGT Koa Feliciano made Jul 1 at 2021 12:37 AM

2021-07-01T00:37:09-04:00

Easy. Tell them your wife said they can go pack sand. End of story.

Response by CPT Private RallyPoint Member made Jul 1 at 2021 3:43 PM

2021-07-01T15:43:09-04:00

While I see this question is a bit old, it popped up in my notifications and after skimming a number of comments, I’d like to add another perspective that I’m disappointed to not be seeing.

First question on these things should be to ask what the intent/purpose is. It may very well have been misinterpreted or misconstrued somewhere along the chain.

Sometimes these very “inspections” are sincerely intended as leader engagement, to simply take a quick glance at the general conditions Soldiers (and Families) are living in but also to ensure leaders/units actually know WHERE a Soldier lives. Essentially a check and confirmation of the validity of alert rosters. Emergency situations aren’t the time to discover that a unit isn’t aware a Soldier moved addresses 8 months ago and no one knew or updated records. Likewise, homes don’t need to be “inspected” to set off red flags of potential concerns. A quick stop, knock on the door, introduction to a spouse, and so on can go a long way in providing a cursory glance of the conditions, confirming an individual’s address, and simply checking in to ensure the family has a touch point with the unit.

Don’t get me wrong. I’m not naive and well aware that too often these are in fact attempts by overzealous leaders to push boundaries. But not always.

Response by LCpl Jeff Moore made Jul 1 at 2021 7:41 PM

2021-07-01T19:41:25-04:00

To cya i suggest you go to base legal and get their official view on this inspection. As a official opinion from JAG will have more backing then rally point legal

Response by 1SG James Kelly made Jul 1 at 2021 7:45 PM

2021-07-01T19:45:26-04:00

Read all the answers.
My question is if you are a good troop and they want to make sure you and your family are OK, do you really want to piss off the 1SG, when he is trying to take care of you.
All things being equal, just saying.
Maybe it as different in the way back when I was in.

Response by SFC R. Lee Linebarger made Jul 2 at 2021 4:37 AM

2021-07-02T04:37:28-04:00

If you own that home off post they can't come past the front door without your permission.

Response by 1SG Private RallyPoint Member made Jul 3 at 2021 7:09 AM

2021-07-03T07:09:33-04:00

SSG, my recommendation is talk to JAG. JAG knows the laws and regulations, if your rights are being violated. We still have rights even though we serve and I think the 4th amendment applies. As a 1SG I made health and welfare visits but I didn't enter the home unless invited and didn't inspect like a barracks. It was is the house in good repair and do you have what you need to live. But it is about "intent" talk to JAG. That's my recommendation

Response by SSG Private RallyPoint Member made Jul 4 at 2021 3:30 PM

2021-07-04T15:30:58-04:00

My last unit floated that idea numerous times. And I told them straight out without a warrant they are not going in my house.

Response by COL Howard McGillin made Jul 4 at 2021 9:41 PM

2021-07-04T21:41:10-04:00

Easy answer. Nothing unless you let them. Otherwise they need a search warrant. Open and shut matter.

Response by SFC Isaac Reyes made Jul 5 at 2021 6:39 PM

2021-07-05T18:39:16-04:00

In my 21yrs in the Army the only time a spouse was made to leave was domestic violence, from what I understand there had to be a very good reason for making someone move back on post. I worked at NAS Pensacola for 15 yrs as a base police officer and we had to escort a spouse both the male and female .

Response by 1SG Victor Sotil made Jul 8 at 2021 10:57 PM

2021-07-08T22:57:23-04:00

SSG Mendoza,
Let be careful of the situation. Do not confuse inspection at your rental house or apartment with a room inspection in the barracks. One of the things that I required my PSG to do was to visit (no inspection) their Soldier at their home. To see how they live, how are the conditions around them. Check for crooked landlords or even banned apartments. NO, no one can get in your house without your permission, and even if you let them in, they have no freedom to move from room to room. Even in Government housing, your chain of command has no right to inspect your quarters. Bring this issue to your PSG or 1SG immediately.

Response by SSgt Mark Mynhier made Jul 28 at 2021 9:23 AM

2021-07-28T09:23:24-04:00

When I was in the military (a few million years ago), some base housing is off-base (or off-post). That may be the housing that they are referring to. Since they have informed you, that qualifies as the "landlord" giving you notice to inspect, which is the law in most states.

Response by SSG Frank Bova made Jul 29 at 2021 12:54 AM

2021-07-29T00:54:13-04:00

This topic brings back bad memories. Back in 1968 one night I pulled CQ. Around 10 pm a trainee reported that someone stole his wallet. I immediately called for an open locker inspection for the entire company since all platoons were in the same building. I came across a bag of marijuana in one of the lockers. (Back then possession of weed was very serious offense). After completing the inspection I called the MPs and the trainee was taken into custody. Much to my surprise the next morning I see the trainee that had the weed in formation with his platoon. I went to the CO and asked him what he was doing back. As it turned out, I was looking for a wallet and not for weed so he got off the hook. After that when I see inspection mandates I wonder how the legal acrobatics are going to play for successful inspections.

Response by SSG Michael Lawson made Jul 29 at 2021 9:13 AM

2021-07-29T09:13:05-04:00

Civilian housing can not be entered or inspected without your permission. The exception would be if it is government owned off base housing. If you don't want your off base home inspected, simply tell your chain of command. That should take care of it. If it doesn't, go up the chain.

Response by SGT Christopher Doyle made Jul 29 at 2021 10:27 AM

2021-07-29T10:27:26-04:00

I have heard that as long as they are paying you bha they can inspect your housing, but only your general living areas. No bedrooms or private areas.basically only what they can see or what you allow them to see. I might be wrong but haven't served in 8 years so things might have changed.

Response by SSG James Nelson made Jul 29 at 2021 8:09 PM

2021-07-29T20:09:14-04:00

Unbelievable this Idea is a Scurless Lie. Lock them out Period .

Response by SGT Private RallyPoint Member made Aug 1 at 2021 3:49 AM

2021-08-01T03:49:44-04:00

They will do off post inspections because of excessive illicit drug use in the unit. Mine was after someone made a drug lab in on post housing. They did the barracks too but found nothing but dirty rooms. Stuff was everywhere but an nco was making it. Truth is they can't enter without a warrant but it's easy to get. They just need suspicion.

Response by SMSgt Bob Wilson made Aug 1 at 2021 9:24 AM

2021-08-01T09:24:48-04:00

WHAT!!! Another incompetent COMMANDER. It appears when Officers reach a certain rank, their BRAINS disappear. I believe this one has reached his "Peter Principle". The Peter Principle that members of a hierarchy are promoted until they reach the level at which they are no longer competent.

Response by SSG Private RallyPoint Member made Aug 1 at 2021 6:37 PM

2021-08-01T18:37:32-04:00

In my experience the CoC does it to get an idea of how soldiers are living and the status of their homes. Like, unresolved repairs and stuff. Be sure to speak to your spouse to make sure they understand and they're comfortable with someone coming into your home. Shouldn't be any problems if you have nothing to hide. Otherwise use the opportunity to give a great impression on yourself when your commander and 1sg come by. They'll see a lot of shit holes on that day, make sure you have the best looking one they've seen.

Response by MSG Kevin Elliott made Aug 1 at 2021 6:55 PM

2021-08-01T18:55:14-04:00

We had to do this many years ago at Fort Lewis. Mostly it was for off-post housing to check the maintenance and living conditions of younger soldiers. As has been pointed out, it was announced and the chain of command explained why this was being done and told soldiers they did have the right to refuse entrance to their housing. Most let the NCOs in. Mine didn't have an issue with it, as I already stopped by to talk to my soldiers, drop them off after work, pick them up for weekend details, etc. I have always known where my soldiers lived, on-post, off-post, and in the barracks. Call me old school, but that was part of the leader relationship I formed with my soldiers and their families.

Response by CPO Kurt Baschab made Aug 26 at 2021 9:37 PM

2021-08-26T21:37:25-04:00

My First Question is does the Government own or lease these off post housing ?
if the answer is yes, then the answer to your Question is yes, your command can enter and inspect your house, with a proper notice.

if the Answer is no,
then the Command has no Authority to enter you home, without your Permission.

so I would do Few things,
first for your Dog Safety, make sure you have the proper size Dog Crate, for your Dog.
Especially if your Dog is not Currently People Friendly.

Secondly I would get The Dog Trained, I would make sure My dog Listen to my commands , for His or Her Safety .
If you cannot teach the Dog to become People Friendly, I Recommend you Hire a Dog Trainer to teach your dog to become people Friendly, this will save your Dog life.

If you do not do these things, and your Dog does not become people friendly, it only a matter of time before the Dog will hurt someone or worse a Child, then you will be court ordered by a judge to have the family dog killed or the court order kind words, (put down for public safety.)

Your House Should Always be Clean , Clutter is ok, you have a family living there, but it should be clean, if the Command is just ensuring that the person you are renting from is not a slum lord.

Your Command is not doing a housing inspection on you per say, they are making sure your landlord is not a SLUM LORD, that your Land Lord Is nit just taking your money, and Forcing you to live in Sub standard Housing, taking your hard earn cash and not making any repairs to the home, ie: not fixing the roof, or hot water heater, central AIR & Heat, and so on.

your command is not doing a Housing inspection on you , so you should have nothing to fear, unless you are the ones destroying the home, allowing your Dog to piss and shit all over the House and not clean it up, living in complete filth . then they will say something to you and your wife.

Response by 1LT Private RallyPoint Member made Aug 27 at 2021 8:21 PM

2021-08-27T20:21:42-04:00

As this has happened to me long ago I sought legal advice at the time. Off post and on post privatized housing (basically everything but barracks) are not subject to searches by the chain of command. They can knock on the door and ask permission to enter. You have no obligation to let them in.

On post housing does not require police/warrants; but it does require a member of staff from the privatized housing company as an escort.

Response by CPO Scott Langhoff made Aug 28 at 2021 10:37 AM

2021-08-28T10:37:03-04:00

Sounds like a Witch Hunt for “Extremists” to me…

Response by SGT Scott Adie made Aug 29 at 2021 10:23 AM

2021-08-29T10:23:10-04:00

I agree with SFC Jayson Boyd below. They cannot enter your off post residence any more than a landlord can if you rent. Your permission is required. On post is the property of the U.S. Government they have full authority over that. I once had a 1st Sgt demand my license and keys to my car which I turned over to him. The JAG came down on him pretty hard because that is private property. He had to give them back but could and did, suspend my post driving privileges. Fortunately I had a second car he did know know about so it was no problem. I just made sure I parked it where I wouldn't be seen entering or leaving it.

Response by CPT Private RallyPoint Member made Aug 29 at 2021 6:47 PM

2021-08-29T18:47:35-04:00

They do have the authority to make health and welfare checks on, off post housing. They have to give you suitable notice. The US government pays for your housing, they have the right to insure those funds are keeping you in adequate conditions. They can require you live in billeting if they believe you are not taking care of yourself or your government funded quarters. It’s rarely done unless reasons present themselves - because it’s a pain in the ass.

Response by MSgt James Bowers made Aug 29 at 2021 9:22 PM

2021-08-29T21:22:01-04:00

I doubt they have any right to access your property. In my day they would have been met at the door with my .45 and escorted on my property.

Response by SGT Marsha Aperans made Aug 29 at 2021 11:06 PM

2021-08-29T23:06:50-04:00

They will only be concerned with the kitchen and bathrooms. Preventive Medicine does the normal inspections. It's just a normal health and welfare inspection. This one just sounds like they want to make sure everyone is living in good quarters rather they be on post or off. Yes, they can do that. They also check through out your neighborhood on a monthly schedule and take water samples to make sure your water is good to drink. They will not open your closets and drawers. I'd put your dogs in the yard during the inspection. I've lived in both on post and off post. If the off post quarters are on the government list yes they can check it out.

But, I've been out since 1997 and I don't know if things have changed. I doubt that. Preventive Medicine is like the Health Dept. of the Military and they do everything.

Sgt. M. Aperans
Veteran (U.S. Army)

Response by SSG Eric Blue made Aug 30 at 2021 8:37 AM

2021-08-30T08:37:55-04:00

No need for me to answer this one. JP4 and two of the other SFCs answered it perfectly. I will say that I've had this happen to me as well. And it was to make sure that I wasn't living foul. Terrible living conditions can easily hinder a trooper's mission readiness. And in this day and age where anything can pop off at a moment's notice & your unit gets the call, one trooper's absence can mean disaster for the mission.

Response by SGT Philip Klein made Aug 30 at 2021 7:00 PM

2021-08-30T19:00:20-04:00

Tell them to pound sand, or your wife said no fucking way.

Response by SFC Dennis Cash made Aug 31 at 2021 10:12 AM

2021-08-31T10:12:03-04:00

If you aren't doing wrong and hiding something, let them in.

Response by MSgt Allen Chandler made Sep 2 at 2021 10:54 PM

2021-09-02T22:54:14-04:00

It seems like everybody’s missing an important point about this question. No commander in his right mind would go charging into your private home off base. There’s a huge breakdown of communication between whoever is setting up these inspections and the people that they are going to be inspecting. Most likely it is a morale and welfare type inspection and it’s purely voluntarily on the other hand if it’s some real search and seizure type thing that they will have all the vehicle search warrants that they need in either case someone’s not talking to somebody and someone’s not explaining everything to everybody.

Response by CPO Arthur Weinberger made Sep 3 at 2021 1:36 PM

2021-09-03T13:36:44-04:00

If you are not breaking any rules or regulations; you have nothin to worry about!
Stop whining.

Response by SSG Ronald Rollins made Sep 4 at 2021 5:31 PM

2021-09-04T17:31:20-04:00

My suggestion is to have your wife tell them they cannot enter if you do not want them to come in. I had a command try this. My wife said hell no. The tried to justify it saying he military paid BAH so they were entitled to inspect. She said she wanted a search warrant or police there also. And she would be at the JAG office at 0730. They left and never came back. No right to be in off post housing.

Response by SGT Ronald Audas made Sep 5 at 2021 2:28 PM

2021-09-05T14:28:07-04:00

This action reminds me of the fire arm issues.First automatic weapons.Then expansion from there.This could easily turn from an inspection to a search. I don't buy the fact that we have that many servicemen ,living in landlord squalor ,that the military needs to do canvassing of our soldiers off base quarters.Even with permission.Next thing you will hear is "I was just in the neighborhood and ".Obviously,with out a war,the military has too much time on it's hands.

Response by SGT Keith Smith made Sep 5 at 2021 4:49 PM

2021-09-05T16:49:24-04:00

Okay. I conducted inspections of all my soldiers including those who lived off post as well as on. The inspection is a health and welfare. You determine if the soldier is living in unsatisfactory living conditions. Has basic needs met. You would be surprised with things you will find. I could not and would not wonder around someone’s house. It’s not a white glove inspection either. Just making sure my soldier was living in livable conditions. I could not force my way in. That’s breaking and entering so if my soldier told me i could not go in, I didn’t go in. Nor could i order him because military authority does not cover living quarters unless your in the barracks. Nor did i knock on the door. That can be viewed as assault. I have run into soldiers who their spouse had a legal medical marijuana card. Lived off post. The soldier could not face any legal issues unless he decided to participate. House smelled. I have found soldiers who did not have food because they were out of money. Most posts have a food bank or we passed the hat then i got to go shopping and reinserted after payday to make sure they had food. These inspection allow your chain of concern to identify problems and fix them before they cause more dire issues. Invite your chain of concern to come over for a lunch or dinner. I did steaks for them and their families. Shows i have food and living in decent living conditions. The relaxed atmosphere helped everyone so if there was any questions everyone felt comfortable asking and answering.

Response by SGT Tim Tobin made Sep 5 at 2021 7:22 PM

2021-09-05T19:22:36-04:00

this begs for lots of questions. Why is this happening? welfare or theft,or harm to civilians?? I would ask questions and understand why this is happening, instead of getting defensive and making knee jerk reactions

Response by PO1 Don Uhrig made Sep 5 at 2021 8:00 PM

2021-09-05T20:00:45-04:00

I find it to be discrimination that on base members are subject to housing inspections, but by simple virtue of being granted off-base housing or by being married that you are exempt from inspections.

In my opinion, if the military is holding any member to an inspection standard then that standard should apply equally to ALL members regardless of their marital status.

Response by 1SG Private RallyPoint Member made Sep 6 at 2021 8:30 AM

2021-09-06T08:30:35-04:00

If it’s your own property, or you rent from a private property owner they can’t inspect anything other than what they can see from the public roadway or sidewalk. The Army is part of the government is restricted from 4th Amendment from searching or entering your home. I would respectfully tell them no and to get a search warrant from a civilian judge (which will not likely happen). Remember Commanders only have search or inspection authority within their own company area, battalion area, installation etc.. Do what you want but I wouldn’t let them in my house.

Response by LCpl William Harrison made Sep 14 at 2021 1:42 PM

2021-09-14T13:42:56-04:00

Ok. As a former civilian city HUD Housing Inspector that Federal, state and municipal codes, specifically Title 45, minimum housing standards are met in all dwellings. That was my job along with prosecuting, ( fines and denial or revocation of their Occupancy Certificate ). It is a courtesy to allow military officials to do those inspections. Especially rentals for the obvious reasons. I hope this helped the argument some.

Response by PFC James Mason made Sep 22 at 2021 12:04 PM

2021-09-22T12:04:16-04:00

Its about time not only did I serve my country I served above and beyond the call of duty as an Infantry Paratrooper as well as volunteering for combat duty in Korea during peacetime. i never expected nor did I ask for anything in return for my service. However, the deplorable conditions in which I lived off base of Ft. Campbell returning stateside made my new wife cry and i was never embarrassed so much as a soldier. It is for the safety of your family not an invasion of privacy. After 40 years of receiving a metaphorical nut shot to the heart for serving; thank you's, handshakes, and hugs are not sincere or thoughtful. They are trying to help you. Man up for the sake of your family you owe it to them. Whether you served as an officer, a REMF, or a leg it is a team effort and we're all in this together. I am begging of you please do right by your family it is the honorable thing to do. Sincerely thank you for serving.

Response by SSG James Harlow made Nov 7 at 2021 9:30 AM

2021-11-07T09:30:05-05:00

When I was a young PFC living in Germany. I got tired of the Barracks and moved out. I still maintained an area in the barracks. My supervisor (E7)came over with a six pack. He told me he was supposed to inspect my off post quarters for health and safety reasons. We sat down at the kitchen table had a beer and he left.

Response by SSG Rick Miller made Nov 8 at 2021 8:35 AM

2021-11-08T08:35:40-05:00

Okay, here we go. On post housing at Ft. Dix in the early 1980's. I'm home on a weekday, just having come off CQ. There comes a knock at my front door, and there stands CSM James Ligon, post CSM. He knocked on my door because there was a weed in the flower bed out front. A friggin weed. Tells me to get out here, and square it away. I went out and pulled the offending weed. Then he said he wanted to see the interior of my quarters. My immediate response was "No Sergeant Major, you can't come in." He wasn't happy, but he left. Turns out the on-post housing in that area was swarming with cockroaches. The housing office sent in exterminators once a month, and we had to sweep up HUNDREDS of those dead vermin.

Response by MAJ Alan Montgomery made Nov 8 at 2021 1:57 PM

2021-11-08T13:57:57-05:00

Inspecting off-post housing might be seen as an infringement on the Constitution guaranteeing our rights to be free from unreasonable search, or searches without judicial consent. Seems to me this invasion of what is categorized by the courts as falling under the castle doctrine definition might be the actions of an overzealous command structure. I personally wouldn't go down this path without a civil judge buying in based on evidence of some demonstrated wrongdoing by the military family member, not a suspicion

Response by SSG Michel Smith made Nov 9 at 2021 4:05 PM

2021-11-09T16:05:44-05:00

Your NCO's should be allowed to inspect your housing conditions whether it be on or off post. As a young E-4 I had the displeasure of walking into a fellow E-4's on post living quarters who had gone home on leave. The stench was overwhelming, but not the worst of it. He had left a few kittens to roam freely while he was gone for 2 weeks leave....no food or water, and they were pooping everywhere! It's a NCO's job to make sure our Soldiers aren't living in conditions like this, but the reason why the chain of command should go is som that other Soldiers aren't covering for those who are! And that's all AFTER they make sure your house is worth living in...

Response by CSM Private RallyPoint Member made Nov 10 at 2021 2:53 PM

2021-11-10T14:53:43-05:00

They are just making sure everything is ok with you and your family living situation. There is some funny business going on with the landlords who are managing these apartment complexes. If you don't have anything to hide then there shouldn't be an issue.

Response by MSG GregoryT Majewski made Nov 11 at 2021 3:16 PM

2021-11-11T15:16:13-05:00

Big deal1 I have always obeyed lawful orders. It is designed that soldiers don't always relate to problems at their place of residence. Bad landlords, unfit living conditions, etc

Response by CW3 Private RallyPoint Member made Nov 12 at 2021 8:26 AM

2021-11-12T08:26:59-05:00

You could have fun with it. Especially if you have a spare room. Put something really weird, but otherwise legal, in the room. Like a shrine with candles, incense and a picture of Ernest Borgnine, some random admiral or one of the people doing the inspection. Get the kids on board and have them refer to the inspector as "the chosen one."

Response by SPC Julio R. made Nov 12 at 2021 12:45 PM

2021-11-12T12:45:04-05:00

They can not come to your off-post housing. if they do they can only and only see from the living room period. I will try and find the regulation, I used to live off base too while in active and no way was I going to allow them to come in but, you are supposed to but no further than the living room and what they can eye from there only. IF your spouse says they got to go then "THEY GOT TO GO!!!". now the coc can threaten you with "well we can put you in a barracks room if you wanna play that game". they have no business in your home unless they have pause to, due to complaints or other reasons, but if they are doing it for s and giggles then make sure you get the regs. EITHER WAY, THEY WILL PULL RANK AND THEY WILL MAKE SURE TO LET YOU KNOW WHO HAS THE RANK AND WHO DOESN'T. I had nothing to hide, at the same time if you have a blue falcon that is making life miserable and causing all this then your coc needs to hemm him up and not blanket punish like they love to do.
living room only but if your place is a mess then your butt is going back to the barracks.

Response by SFC David Pope, MBA made Nov 13 at 2021 11:35 AM

2021-11-13T11:35:14-05:00

When I lived on post, we were told up front that our quarters could be inspected by our CoC if there was complaints about living conditions. That was the case for any government owned housing. Section 8 housing falls under those same guidelines. Off post housing is different. Some installations have contracts with private landlords who rent to military. In the rental contract it is agreed that your CoC or military housing could inspect your house with proper notice. If you own the house you live in, then you don’t have to let anyone in without a court order. I know some commands who visit their soldiers residence to see if the spouses and dependents are in need of anything or to address concerns over a long deployment that the soldier is about to go on.

Response by SGT Marsha Aperans made Nov 13 at 2021 9:46 PM

2021-11-13T21:46:58-05:00

They may take a peek or they may tell you not to worry. They are not trying to disrupt you. They are looking to make sure that you and your family are living good quarters. Civilians who want to work with the Government and rent their properties to military personnel have rules and regulations to follow to make sure your living in a good set of quarters.

Response by MAJ Steve Warnerski made Nov 14 at 2021 4:43 PM

2021-11-14T16:43:05-05:00

I would REFUSE to let them in, either on-base or off-post housing. If they distrust people so as to intrude on their families home, something is terribly wrong with your chain of command.

Response by PO1 Todd B. made Nov 15 at 2021 2:34 PM

2021-11-15T14:34:47-05:00

For on base, I don't know the current rules/regs but OFF base, they CANNOT ENTER YOUR HOME WITHOUT A WARRANT. PERIOD.

Response by SPC Carmen Ramirez made Nov 16 at 2021 1:48 AM

2021-11-16T01:48:57-05:00

They cannot go to your house off post to inspect it without a warrant. ALSO, the military police have no jurisdiction off post. You cannot inspect a home off post as an NCO officer under any circumstances PERIOD. If this has been happening to you, you have a good case and can sue. It violates your rights under the 4th amendment; Amendment IV:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Response by SFC Carlos Cruz made Nov 17 at 2021 8:01 AM

2021-11-17T08:01:23-05:00

This isn’t a naive question when in reality is a great question. The truth is simple anyone with in your chain of command isn’t allow to enter your housing without your Permission. If you refused to allow them yes they can ask housing authority to schedule One and they both can walk through. See housing since they have updated their policy for housing, they shut provide you with a book with the do & don’t ok. Airborne!!

Response by SPC Carmen Ramirez made Nov 17 at 2021 8:41 AM

2021-11-17T08:41:33-05:00

Yes, The bill of rights. Some ppl think that just because they are in the military, every inch of their lives is open for the chain of command. If it's on post, then yes. Off post, definitely NOT. If you are looking for case law, go to the on-post library and look up military case law that refers to off post housing inspections.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Response by Sgt Dale Briggs made Nov 17 at 2021 4:47 PM

2021-11-17T16:47:13-05:00

Your off post, your house, they have no say or authority.

Response by AN Catherine Wray-Tully made Nov 18 at 2021 7:53 AM

2021-11-18T07:53:08-05:00

If you live on base, they can inspect anything. If you rent off base, the landlord dictates who can enter besides the renter. If you own, I think they would have to have a warrant. If they suspect and have proof of illegal activity, they can get one.

Response by CSM Colin Patterson made Nov 21 at 2021 12:38 PM

2021-11-21T12:38:40-05:00

They cannot, it's not authorized, don't have authority to. They cannot inspect onpost housing if it's contract housing. Therefore off post falls in the same category.

Response by CDR Tom Davy made Nov 21 at 2021 8:42 PM

2021-11-21T20:42:59-05:00

When I was a junior Corpsman in 1979, the Housing Office had to approve my requested residence to confirm they were not on the discrimination or other restricted list. Failure to comply meant no Allowance for Quarters.

Response by SGT Christopher Sigafoos made Dec 4 at 2021 12:54 AM

2021-12-04T00:54:52-05:00

Off Post housing does not fall under Military jurisdiction, so you are within your rights to decide that the only thing they can visually inspect is the front yard. If there is some form of evidence that the home is unsafe/unhealthy for the Soldier (whether the command has inspected the actual home or not) they can order the Soldier (i.e. you) to live in the barracks. If that happens, the Soldier does still receive BAH/BAS for their dependents. Good commands that do such will also have the soldier verify that the family is receiving the funds to pay rent and purchase food.

Response by SFC Ralph E Kelley made Dec 12 at 2021 9:36 PM

2021-12-12T21:36:43-05:00

SSG Dennis Mendoza NO!
See SFC Private RallyPoint Member's answer.

Response by CW4 Wayne Walusiak made Dec 16 at 2021 11:43 AM

2021-12-16T11:43:43-05:00

I'd be moving out any adverse posters, stickers, T shirts, and other politically incorrect paraphernalia etc especially if this is the first time in a long time the command has specified such an inspection. What you wouldn't bring on base shouldn't be in the home for an inspection. The justification is what others here are quoting and those are valid.

Response by SGT James Lansberry made Dec 16 at 2021 3:01 PM

2021-12-16T15:01:38-05:00

Having been attached to AGI inspections, health and safety and building inspections in the military years ago, the only way your living on the economy housing could be entered is due to a complaint received by the inspecting department, weather it be by you or your landlord. And then the premise can only be entered with both parties present. And the complaint’s can be, for instance from the landlord, bad smell coming from the premises, high water usage, if the landlord pays the water every month. With residents, it can be almost anything that is complained about.
Somebody already said that most inspections are to
Insure the health and welfare of the troops that live both on base and on the economy.

Response by CSM Tim Bebus made Dec 17 at 2021 12:51 PM

2021-12-17T12:51:44-05:00

I dont think there intention is anymore then a health and welfare check. Sure as folks on here pointed out you can deny anyone you want entry into your home, but how do you think your chain of command would take that? I believe the purpose is just to make sure your doing OK.

Response by SPC Tristan Myhre made Dec 17 at 2021 4:22 PM

2021-12-17T16:22:48-05:00

I bought a house that is now rented out to another soldier, actually its on its fourth tenant now on LA28 north of Fort Polk. I've periodically had CoC emailing me with questions of lease responsibilities and whatnot but in all its not really up to them, I got some heat about the lawn and this and that but its the responsibility of the tenant and has nothing to do with the Military. Lets say they want to extend their inspection to welfare right? They can see the lease, including any documents for abatement like lead and asbestos. They could get water test reports if they wanted from the municipality, thats what they CAN do. But as the soldier, your not obligated at all to share your time and space with CoC on private property anywhere in the United States, in fact this has been to court. There is no such thing as a welfare check on private property and it needs to be executed much differently to keep unit commands from getting in unnecessary grievances with their soldiers.

Response by SSG Jim Schimon made Dec 18 at 2021 8:28 AM

2021-12-18T08:28:37-05:00

Ok , I read all the response and One thing was never said or asked .Is there a reason like there is equipment missing from the unit and they are doing a wide spread inspection to find out who .This is the wrong way to do that but you can lose your off post living . So just how much hard ball you want to play? Not letting them in could mean they will look at you as guilty .The command know they can't do it by force but , They may have been backed into a corner . So if to many people say no then they could take all the right of living off post for everyone is gone . Then the per presser starts .PS off post living is a privilege not a right .This could turn bad fast .So this is on you and just how far you want to keep them out .It many be a shit sandwich and everybody
may have to take a bite . Good luck

Response by SGT Private RallyPoint Member made Dec 18 at 2021 1:57 PM

2021-12-18T13:57:59-05:00

A few years back my chain of command announced they were going to inspect our houses off post. I informed them that they were not authorized to enter my house and that if they did my wife would call the police and have them arrested for criminal trespass (which she would have). They backed down.

Response by SFC Dennis Yancy made Dec 19 at 2021 9:42 AM

2021-12-19T09:42:43-05:00

They can not enter your off post home. Even though some troops need the be checked up on.

Response by 1SG Danny Vorreyer made Dec 19 at 2021 11:49 AM

2021-12-19T11:49:55-05:00

If your home is off post, not sure the law permits that. They can have the local police do a health and welfare. If on post housing you must make your home available for inspections. They have that right, If someone complained of mold or other property issues I would let them so then they can help you get it fixed.

Response by SFC Bob Johnson made Dec 19 at 2021 12:26 PM

2021-12-19T12:26:12-05:00

This is has been a subject of conversation since I first got stripes in 1993; when I was a 1SG, we had a very thorough Platoon Sergent who wanted to conduct an H&W inspection on an off-post residence (rental home) as the landlord had seen that the soldier's home was dirty (i.e. piles of trash within the residence, moldy and rotten food in the refrigerator, piles of dirty laundry, etc.) and was concerned about his home and the family's well-being. Since I was all for this idea, I really didn't know if we could legally enter (we had the landlord's permission). So, I referred the Platoon Sergeant to the housing office and JAG for legal clarification. I am sure that things have changed since that day; however, I would advise you the same way, go see the housing office and JAG.

Response by SSG Glenn Barker made Dec 19 at 2021 12:51 PM

2021-12-19T12:51:45-05:00

It has been a while since I had to research this, but Army command Policy states they are only allowed to inspect Unit controlled areas, they can't even enter your on post housing for any type of inspection. They can however inspect your vehicle if it is parked in a Unit controlled area, but if they feel a need to do that beyond a safety inspection, they should probably get law enforcement involved.

Response by CPO Kurt Baschab made Dec 20 at 2021 9:02 PM

2021-12-20T21:02:45-05:00

When you say Off Post Housing, can you Clarify? are you Talking about Government Own Off base Housing ? or are you Talking about your own Private Residence, that you own or Rent?
if you are Talking about Government Own Housing, then yes your Command can Inspect your off base Housing as Long as they Give you at Least 48 hour Notice.
if it is your own Privately Owned Home or Apartment, then no they have no Right to enter your Home, without your Permission.

Response by SPC Daniel Rankin made Dec 20 at 2021 11:18 PM

2021-12-20T23:18:13-05:00

If you invite them in, ask if the want a cup of coffee and a piece of cake. sit them down and talk a bit. They are not allowed to roam the house without your permission. No warrant from the chain of command and no reason for it means no they can not just come in for a causual inspection..

Response by CPL Douglas Chrysler made Jan 21 at 2022 10:16 AM

2022-01-21T10:16:01-05:00

Landlords inspect their property all the time in the civilian world. If you don't own the place then it is subject to inspection.

Response by SGT(P) Private RallyPoint Member made Jan 21 at 2022 11:49 AM

2022-01-21T11:49:00-05:00

Wouldn't this be something to address with a JAG officer though? I'd imagine that there would certain limitations and boundaries and all? If you don't know, you'll find out kind of thing? And it's important.

Response by SFC Robert Walton made Jan 22 at 2022 10:02 AM

2022-01-22T10:02:11-05:00

I am sorry i truly am. I find it unbelievable that a SSG. in the United States Army has never had the chance to attend a health and or receive a health and welfare check. That just totally amazed me.

Response by SSG Private RallyPoint Member made Apr 9 at 2022 2:32 PM

2022-04-09T14:32:54-04:00

It does seem like an intrusion of off-post personnel's privacy. But if you are lower enlisted, it might be necessary. Joe can be living foul and this is all in an effort to ensure good order.

Response by SSgt Mathew Cummings made Apr 9 at 2022 3:20 PM

2022-04-09T15:20:51-04:00

They are authorized to visit off base in the intrest of good order and discipline. Think of it the same way as a"welfare" check. You need to understand that you're procuring off base housing with funds that you're receiving to do such. Whilst the concept of this seems off, you're not exempt from the UCMJ off post. Sorry Charlie, this is within the scope of your commands authority.

Response by SSgt Mathew Cummings made Apr 9 at 2022 3:24 PM

2022-04-09T15:24:17-04:00

Forgot to mention, this is a common place visit. If they tell you to open anything they must have local law enforcement, MPs, a search warrant and intent.

Response by SSG Jason Clack made Apr 10 at 2022 1:46 AM

2022-04-10T01:46:31-04:00

Most what I read is accurate. I haven't read all comments, but having 22 years in the Army and 10 years as a LEO, the Command can have the civilian LE agency do a welfare check on the soldier or sailor only. The LE agency can't go inside if the soldier or sailor is standing outside with them. They would only be able to go inside if no one answers AND they felt there was an absolute emergency happening inside (i.e. dead body, burning house, etc.). But as for a warrant, no. A magistrate would only sign a warrant with probable cause of any illegal acts happening on that property (drugs, drug distribution, child endangerment, etc.).

Response by TSgt Vincent Chenevert made Apr 13 at 2022 9:34 PM

2022-04-13T21:34:00-04:00

They cannot inspect off base housing. It would be trespassing id the government does not down the property.

Response by SPC Robert Hendrickson made Apr 13 at 2022 11:42 PM

2022-04-13T23:42:26-04:00

i agree with S.F.C. J Boyd //

Response by MAJ Jeffrey Johnson made Apr 14 at 2022 2:31 PM

2022-04-14T14:31:33-04:00

First, they have the authority to inspect your living conditions. My wife and I did over forty years ago. It's best when done by invitation. Otherwise, it's done as a health and wealthfare inspection. We helped a lot of our soldiers through these as the landlords didn't like hearing from me. Best of luck to you and your chain ofcommand!

Response by SSgt Ajhadriel Galbreath made Apr 15 at 2022 6:49 PM

2022-04-15T18:49:59-04:00

Is this a “Joint Venture” that has been authorized by the Command HQ and the Federal Government in your State? The US Military Members have a reputation for being drug dealers/mules and sex traffickers, Murders, Domestic Violence etc., (for decades) on base and off. UCMJ does not suffice resolving issues/crimes that happen off base. Do you have a cage for your dog to stay in during the inspection. Maybe there’s a search warrant signed by a Superior Court Judge along with JAG. The state where you are stationed, ALLOWS the base to exist in their “host” state. If it’s happening, I’m glad for your state! Keeps you on your toes! You should have nothing to hide right?

Response by A1C Medrick "Rick" DeVaney made Apr 16 at 2022 4:12 PM

2022-04-16T16:12:08-04:00

SSG (Verify To See)..
YOUR Statement Has A Ring Of Suspicion To It,,,,
I'd Strongly Suggest, You Get That Crap OUT Of Your House.

Response by SFC Eric Stoneburner made Apr 17 at 2022 9:55 AM

2022-04-17T09:55:41-04:00

This question has been around for years; and like many, I was on the wrong side of it until I researched it; the answer is NO, your chain of command CANNOT order you to allow them into your off-post housing; even on-post they have extremely limited options to view your living quarters. I recommend doing the research yourself.

1. contact base housing / know your lease and landlord's restrictions.
2. ask JAG.
3. check with the MPs.
4. know your rights under the 4th amendment.

granted its been a few years since I looked into it, but I doubt much has changed; most of your units will call it a "courtesy inspection program" to at least give it the pretense of legality. remember by law your spouse/dependents are also residents and do not have to allow them entry. so if you want to avoid any confrontation just have your significant other refuse them entry. if they attempt to "force" their way in, in any manner, call the police, that should fix the situation.

Response by Cpl Gunner Stout made Apr 17 at 2022 6:06 PM

2022-04-17T18:06:51-04:00

Probably too late now - I might ask "How it went?". However, I'd recommend making a stop by base legal/JAG and ask for advice and clarification on *your* rights and command limits (if any) in such off-base housing inspection. If someone asks "What are you afraid of?" tell them you don't know what, if anything, to be afraid of, and that's why you're asking. Personally, if I show up on time, sober, in a clean and pressed uniform and able to do my job satisfactorily or better, that's pretty much the limit of their legitimate concern. Now - if they are paying the rent, and on the hook for any damage you may allow or cause, that gives them a legitimate interest, but again, that is not unlimited - again, JAG can clarify.

Response by PO1 Todd McMillin made Apr 18 at 2022 12:37 PM

2022-04-18T12:37:47-04:00

Off Base Housing it not subject to regular inspection as it's a private residence. If you purchased using a VA loan or something similar there's no reason for them to go inside other than making sure that you're not living in a building that's going to fall down on your ears. Most private residences are not supposed to be inspected at all as what you do off base is your own business.

In fact the only folks I invited over to my last home before I retired was my junior enlisted for Thanksgiving as they had no place to be and was doing my part to provide them a break from the barracks life.

However, I do understand that the military is concerned about the welfare of their property and should make sure they're not living in squalor either. Therefore other than general look it's not a big deal and there should be a checklist they follow as well. Especially living in an apartment or condo or group house. They should be looking for things that are hazards vs actually trying to control their enlisted residence lives beyond a certain point which borders on harassment and abuse of authority which could decrease morale among the Enlisted if pushed too far.

Response by CW5 Mark Smith made Apr 18 at 2022 9:32 PM

2022-04-18T21:32:04-04:00

Not only no, but hell no.

Response by Brig Gen Joe C made Apr 20 at 2022 4:19 PM

2022-04-20T16:19:11-04:00

On post...government owned housing. Though it should never be done, yes they legally can.
Off post...I have never heard of this and see no way this is legal.

Response by SSG Darrell Peters made Apr 20 at 2022 9:04 PM

2022-04-20T21:04:26-04:00

Over my career you have no idea how often I have seen this. your command cannot "inspect' your off post housing. They cannot enter your residence without your approval or unless the police show up with a warrant. It is the policy of any command that they want to be sure soldiers are living in a safe environment. As a platoon sergeant it was important for me to meet the soldiers family and if they had any special needs. I discovered a soldier who had a special needs child and directed them to the proper offices and individuals where they could take advantage of the services the army offered.
I would ask would you mind if I came over for a visit I would like to meet your family. I would not over stay my welcome and the visit was a relaxed atmosphere. The soldier had every right to refuse a visit to his residence. I would explain to my soldiers I want to know where you are living I want to meet your wife and family. If someone has to go to the hospital I want to know how to get to where you live. If you are going home on leave who is watching your place? It was basically about helping the soldier in a relaxed atmosphere where they could come to me with there issues and then find the help or assistance they needed.

Response by CDR William Kempner made May 14 at 2022 5:05 PM

2022-05-14T17:05:33-04:00

AS a courtesy, perhaps, if invited. On base/post/station, it's their property. Understood. Off base/post/station, it is PRIVATE PROPERTY!! They have NO BUSINESS entering a non-government property without a warrant. While I can appreciate a well meant safety and health inspection, it would still need to be done with permission of the occupants, and I can't see those running afoul of standards/regulations allowing ANYONE in without a warrant. Sounds a little shaky.

Response by A1C Pamela G Russell made May 14 at 2022 5:20 PM

2022-05-14T17:20:08-04:00

Whaaattt? This must be something just

new? Never heard of such a thing, except in civilian law.

Response by SGT Charles Cameron made May 15 at 2022 10:01 PM

2022-05-15T22:01:30-04:00

If my memory works...Off Base Housing is usually banned from "impromptu inspections without permission. On Base, yes...with proper notification...24/48 hrs or more. As a former MP. we never "inspected" except for alleged drug usage or trafficking, or when underage dependents were involved with military personnel.

Response by SFC Matthew Parker made May 16 at 2022 9:02 AM

2022-05-16T09:02:00-04:00

SSG, I applauded your command for taking this course of action to ensure their soldiers are properly housed.

I made many visits to the homes and neighborhoods my soldiers lived in.

And unlike some of my peers I don't see this as command over reach so my answer isn't lawyer up and say no.

By regulation and US law your command would need to be invited in and limited to seeing what your willing to show them.

So no, they can't inspect your off post quarters.

But nothing prevents a good NCO from a drive by to see your home from the street. And good commanders and first line leaders should check local crime reports to determine if their soldiers are in high crime areas.

And remember if your landlord or rental property management conduct an inspection as they are allowed to do some rental managers will contact the chain of command if the property is not being maintained or they suspect other issues.

Nothing wrong with that either, as it is in the best interest of the soldier.

I have found my soldiers in trailers with holes in floors and ceilings, no heat, no AC, no working oven, broken water heaters, and one young soldier with weeks of dirty dishes in the shower, overflowing trash and a motorcycle in the living room next to the crib.

Not all soldiers are prepared to live independently and the chain of command should know that too. That way these young families can be helped.

And the post commander has a powerful tool that can help the soldier and chain of command with slum lords. He/She can make apartments and rental properties off limits. So when my soldiers had issues they were fixed quickly or we moved them with their permission to new lodging, even emergency housing on post and recommended that property be off limits..

So while soldiers off post have the right to say no, remember it may be in their interest to say yes if they need help with a property manager not fixing or replacing appliances or holes in roofs.

And remember the army does adhere to the whole family concept, and good NCO's and commanders are just as concerned about your wife and children.

Getting medical appointments and other post services your family needs, but may be having trouble receiving are just as important to the command.

So I would say in closing while maintaining their privacy and respecting their rights, encourage more interaction between the chain of command and the soldiers and not less.

Response by PO3 Mathew Moore made May 16 at 2022 9:27 AM

2022-05-16T09:27:00-04:00

Sounds like a basic "health and welfare" inspection. Meaning they are simply concerned about the living conditions of all military personnel. I know that the Navy will blackball any business that is found to be taking advantage of or harming military personnel. That is probably the least of the repercussions from this.

Response by SPC Jason Hurst made May 16 at 2022 5:20 PM

2022-05-16T17:20:16-04:00

My platoon sgt used to show up at my home and say "Well, now I can say I visited. Got any beer?"

Response by SPC Vada Harris made May 19 at 2022 12:50 PM

2022-05-19T12:50:05-04:00

Must be a reason beyond inspection

Response by SFC Private RallyPoint Member made May 19 at 2022 4:12 PM

2022-05-19T16:12:52-04:00

Since this is a year old....WHAT HAPPENED?!

Response by PFC James Edward VERNON jr made Jun 20 at 2022 9:06 AM

2022-06-20T09:06:32-04:00

GOOD LOOKING OUT FOR OUR SERVICEMEN.

Response by PFC Edgar Mosier made Jun 23 at 2022 4:11 PM

2022-06-23T16:11:27-04:00

Remember, we are talking the military...
You have the Rights, even Constitutional Rights, that they afford you. You are, even now, Government Issue, and they can abridge your Rights, using any number of scenarios.
Example(s)?
One is the fact that nobody has ever been brought to Justice for the Gross Medical Neglect of PFC Kenneth Lawrence Mosier (Ft. Hood, TX- March 15, 1979); The Base Commander's deflective answer about the death was that Kenny was under investigation in connection to an alleged auto theft. (His death was thanks to an accusation?)
Or, my Article 15 for disobeying an un-precise "legal" order. (Back story; soldier wife had a medical profile to wear maternity fatigues, due to a miscarriage and a new pregnancy. The Commander of RPAC-Europe, her Company, had ordered over the Easter Pay Day that the Uniforn Of The Day was to be Class A, thus going against a Medical Profile, when his mailroom/paymaster/CQ buck-sargent refused to release her mailed paycheck, and interfered with the USPS. I went, witnessed, and explained that he could answer to Senator Bumpers for his actions, then turned and started to leave. He then ordered "Private Mosier" to "come here!". Not being positive as to his addressing my wife, Pvt Mosier, or me, PFC Mosier, I turned and said that he needed to be more precise, as to the proper Rank. I was punished - He nor the Full Bird Kohler (Sp) ever faced any "Justice".
Your supposed Constitutional Rights are "full", as long as the Powers-That-Be grant them to you. And, yes, you are supposed to be better protected against such, without due process, but to circumvent the Fifth and Fourth Amendments, in these days and times, an "inspection" to verify that each servicemember does reside as they have stated, and to gain further access, I'd claim a "health & welfare check" and do those platoon/company/battalion-wide. Or better, sic the AP, SP, or MP, as need warrants.
Believe me, they know they're likely to have to ask for forgiveness, and face a slap on the wrist...

Response by SGT Private RallyPoint Member made Aug 3 at 2022 9:25 AM

2022-08-03T09:25:46-04:00

They aren’t allowed to go inside. That is true. The only thing they’re really “inspecting” is making sure that you do in fact live in that house. There’s a couple of reasons for that-unit recalls, maybe a soldier doesn’t show for formation and their leadership has to go to their residence. After the fort hood incident-and all the new requirements for commanders regarding the missing soldier battle drill, finding out that a soldier gave the wrong address after they’re already missing and the Corps commander requires an update is bad bad bad.

Response by PO1 Terry Scott made Aug 5 at 2022 9:06 PM

2022-08-05T21:06:13-04:00

I was a Sr. Corpsman who had no authority but was expected to keep my eyes open. I'm glad I did. Just like your lieutenant and captain are to make sure your socks are good and feet in good shape its nice to know they care about your kid's socks. Unless you have a boyfriend like Barney Franks or your hydroponically growing herbs enjoy the fact someone gives a crap. Your officers wives are expected to help. Living away from family, your spouse away from mom, you out on orders and your family twisting in the wind, in the close family of military we give a shit. Reach out and have a pot luck Bar-B-Q. or small dinner with a few friends and your close officers and spouses or other. I miss the comrradery of my fellow military hurrying up to wait to take it in the shorts. I have horror stories of the spouse away from their support, the active gone on orders and her and the kids suffer because they took to long to ask. Just because you are active they are the members of a close fraternity and despite running into self important losers you will find those that are welcoming and helpful. Just like the rest of society you need to not give up.
You will get out of the military what you put into it.
I let my former wife talk me into getting out after quite a number of years. Amazing how many times I heard this after I was out. There should be a metal for sportive spouses. I know quite a few who deserve it to include a few that were Joint Chiefs of Staff. It's up to you.

Response by SSG Private RallyPoint Member made Aug 6 at 2022 5:35 PM

2022-08-06T17:35:07-04:00

Tell your commander that the only way he can enter your home is if he has a court order signed by a civilian judge and is escorted by the local sheriff's office.

Response by CDR Jerry Wells made Aug 6 at 2022 6:03 PM

2022-08-06T18:03:01-04:00

On base, yes, it is government housing but it can not be unannounced and it must be arranged with you through coordination. Off base, no, only with your permission and only if you want them in your house. You have a constitutional right to personal privacy and the government does not have the right to intrude, yet!

Response by CPL General's Driver General's Driver made Aug 9 at 2022 11:55 PM

2022-08-09T23:55:08-04:00

Like you, I trusted my organization. When I was active duty I worked as the driver/courier of the DCSINT at NATO HQ, a 2-star general, the Army never asked to inspect my off-post living quarters and I had a TS SCI clearance. When I became a civilian with DIA and only needing a collateral secret security clearance, my supervisor said that all of our office were to allow the Inspector General to go through each room. I acquiesced but expressly stated that I wanted us all to stay together and not wander off. Only my supervisor disobeyed. I should have simply denied entry. There was zero reason for them to enter my private domain and there was no probable cause.

Response by A1C Medrick "Rick" DeVaney made Aug 10 at 2022 8:44 AM

2022-08-10T08:44:40-04:00

AMAZING:
Military People Have Rights...
I Served From 06/29/61..(My 17th Birthday) - 06 /10/65; 19 Days Before Hitting 21,
And WE Had Rights Too.
The Right To #1.. "SHUT UP", And
#2..The Right To "GET BACK TO WORK".
Now It Appears To Be:
"The Powder Puff Championships, On The Air"
... WTF's Going On Now?..
This Is Just Plain-Azz "WEIRD"

Response by SSG Jack Scott made Aug 10 at 2022 1:25 PM

2022-08-10T13:25:33-04:00

On a legal side your command can NOT enter any dwelling off post. Their Authority ends at the gate. If you are married or have roommates they can tell your command to go pound sand! You can also tell your command to go pound sand and call the Police. But… they can make your life a living hell. Personally I wouldn’t allow anyone into my house. I would contact JAG and my State representative. I would also talk to the local Law Enforcement Command and alert them to forced entry to Service Members homes which they will have something to say about do to the risk of hostility. When I went back to active duty after retiring from Law Enforcement I did put up with such shenanigans. And you shouldn’t!

Response by SN Russell Helberg made Aug 12 at 2022 2:15 AM

2022-08-12T02:15:04-04:00

on post yes, off post--none of thier business, unless even if they are paying you to live off base such as S & Q sometimes they can get a little stupid in my opinion. in 1964 my wife and i lived in an old army nike missel site in the berkly hills of calif. and we were coast guard. they made me repair man for the site, but never once did they pull a stunt like that.

Response by Sgt Stephen Chiles made Sep 15 at 2022 9:32 PM

2022-09-15T21:32:29-04:00

Not only did I serve in the military but I grew up from birth to enlistment in the military. Granted that I have been out since 1983 but never have I known of any regulation allowing inspection of off base/post quarters. The only exception that I know of is during a joint local police/AFOSI,CID/NCIS/CGIS investigation. Unless you invite them in for possibly a welfare check or to confirm your landlord is violating rules, I see no reason for it to be acceptable. In fact, I would suggest you talk to your JAG and ask about it. After all, "Chain of Command" has been known to break the law in the past.

Response by MSgt Robert E. M. made Sep 20 at 2022 8:18 AM

2022-09-20T08:18:46-04:00

Get a lawyer for free and your local news involved if it's off base. On base, there is already a checklist on where and what they are going to inspect.

Response by SPC W. Neil Cantor made Oct 9 at 2023 5:45 AM

2023-10-09T05:45:26-04:00

The militarys decisions can change as much as the time on a watch. THIS TOO IS SUBJECT TO CHANGE WITHOUT NOTIFICATION

Response by TSgt James Warfield made Oct 9 at 2023 5:38 PM

2023-10-09T17:38:58-04:00

I wonder if the person is speaking about off post housing owned by the military, not even sure that is a thing to day as I retired many years ago.
I do remember at some of my stations especially over seas some of the military housing was not located on the base bu off base with no security gate to have to pass through.