Posted on Sep 24, 2020
SSG Dennis Mendoza
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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.
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SP5 Felix Girard
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Edited >1 y ago
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?
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CAPT Commander, Navy Reserve Element
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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.
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SFC R. Lee Linebarger
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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.
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Wayne Soares
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Thanks for the post Dennis
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MSgt Mark Bucher
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I’ve been on commander directed health and welfare inspections with local CPS on base with SFOI and AFOSI, but never off base housing
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GySgt Marc Dickerson
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Edited >1 y ago
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.
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PO1 Utilitiesman
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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.
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CPL Petroleum Laboratory Technician
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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.
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CPL Petroleum Laboratory Technician
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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.
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PO2 Louis Fattrusso
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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.
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