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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MAJ Jeffrey Johnson
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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!
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SPC Robert Hendrickson
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i agree with S.F.C. J Boyd //
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SSgt Mathew Cummings
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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.
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SSG Supply Sergeant (S4)
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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.
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CPL Douglas Chrysler
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Landlords inspect their property all the time in the civilian world. If you don't own the place then it is subject to inspection.
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LTC Eugene Chu
LTC Eugene Chu
>1 y
Issue is that landlords own the property. If it is off post, military chain of command does not have authority.
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
The Military is not your off post landlord
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SPC Daniel Rankin
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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..
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
Off base it would have to be a CIVILIAN warrant
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CPO Kurt Baschab
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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.
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SFC Bob Johnson
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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.
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SPC Daniel Rankin
SPC Daniel Rankin
>1 y
Now days even if a person is renting, once you start to pay the rent, the owner has no say so about who can enter into the house. So still needs a sheriff or town officer to accompany the military with a warrant to the house. And a Civilian judge needs to sign off on it.
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SSG Jim Schimon
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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
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SSG Jim Schimon
SSG Jim Schimon
>1 y
Heck My unit didn't let any one off post living unless you were a E-7 or higher .If you had a family they could live off post but you still had a bed on post with your equipment .They even made some towns off limit .Even on your off time . You were there patch you are theres .
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SSG Dennis Mendoza
SSG Dennis Mendoza
>1 y
That's not going to happen now a days things have changed so much, and they barely can house junior enlisted soldiers on this installation and I just had an E5 wait over a month for housing which to some doesn't seem bad but when housing tells them 4 different times, they'll have the house ready and kept changing dates and even the same day of signing for the house they still didnt have the house ready to be signed
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SSG Jim Schimon
SSG Jim Schimon
>1 y
Keeping the solders living together I a way to build the team . //You are still the armys 24/7. A simple fact is If you get hurt On your so called off time . The Army will cover you and if long term damage happens even on your off time You will be able to get Disability .Which means They can tell you were you live At any time . No matter what you are the commanders resousblilty at all times .It may be a kinder army now but You are there as they see fit .
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CW4 Wayne Walusiak
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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.
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
Simpler tell them they can expect when they bring a search order signed by a judge with jurisdiction.
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CDR Tom Davy
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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.
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AN Catherine Wray-Tully
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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.
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CSM Colin Patterson
CSM Colin Patterson
>1 y
They cannot if on post housing is contract housing.
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
CSM Colin Patterson - That is not true
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SPC Carmen Ramirez
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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.
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SFC Carlos Cruz
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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!!
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CSM Colin Patterson
CSM Colin Patterson
>1 y
They cannot ask the private contractor to enter your home. You can sue that contractor for allowing your chain of command into your home. The only person can enter your privately contracted home on a base or off based housing is CID and Military police with a search warrant.
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SGT Marsha Aperans
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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.
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CSM Colin Patterson
CSM Colin Patterson
>1 y
Not allowed housing only CID and MP's with a search warrant.
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>1 y
No longer on active duty...but having commanded two companies, I would never have considered "inspecting" my Soldiers residences, less barracks inspections OR mobile home park trailers which had a history of fires, etc. If I lived off-post - no way I would ever allow anyone to "inspect" my home, which my wife kept in a meticulous manner.
1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
Not without a warrant off post
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SFC David Pope, MBA
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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.
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
Whomever told you it applied to Section 8 housing either lied to you of is clueless. Folks usingSection 8 have the same rights as anyone else
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SFC David Pope, MBA
SFC David Pope, MBA
>1 y
1stSgt Nelson Kerr - My brother owned a house that was rented under section 8. The case worker for the family that stayed there would schedule inspections to insure there were no extra people living in the house including the woman's boyfriend. When they enroll in Section 8 they agree to those terms. All the information was lined out in the contracts that they gave my brother. I read those documents before my brother agreed to them as a landlord. It also outlined items he was responsible for as the landlord. It wasn't a matter of someone telling me this, it was a matter of me reading the section 8 housing rules from the government. Section 8 housing rent is offset by the government, and the government sets the rates that will be paid to the homeowners.
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
SFC David Pope, MBA - That is the CASEWORKER' not military of law enforcement.
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SFC David Pope, MBA
SFC David Pope, MBA
>1 y
1stSgt Nelson Kerr - Section 8 is a government program. I was only using it as an example of government housing. Military personnel are not eligible for Section 8 housing when I was in the military. I don't know what the requirements are now. In 1988-1992 when I was in the 25th ID, if you lived on post, you were subject to inspection by your command or post housing. That has changed since then, but it was very real back then.
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SPC Julio R.
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Edited >1 y ago
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.
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MSG GregoryT Majewski
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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
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1stSgt Nelson Kerr
1stSgt Nelson Kerr
>1 y
It is not a lawful order.
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CSM Command Sergeant Major
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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.
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MAJ Alan Montgomery
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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
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CSM Colin Patterson
CSM Colin Patterson
>1 y
Military has no authority off base they cannot inspect on post contract housing. Therefore off post housing would be totally off limits.
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