The new anti-crowding housing occupancy code went into effect in September, but it won't go into full swing until two positions are filled to investigate complaints.
Until then, the Office of Building and Development handles complaints under the auspices of the zoning ordinance, which actually has a stricter rule for the number of people allowed in a house: that's four unrelated adults maximum under one roof, said Keith Fairfax, supervisor of zoning enforcement.
Since September, the Office of Building and Development has fielded about 20 complaints, none of which had led to prosecution, said director Terrance Wharton.
Despite working with limited resources, Wharton reports success with many of the complaints, with landlords complying before prosecution is necessary.
"We will prosecute if we have to prosecute," Wharton said. "We haven't had to yet."
Wharton said, the main challenge is getting residents to recognize how to help his office do the work. Since the office is short staffed, and investigation is purely complaint driven, residents have to take an active role.
"Our problem is getting people to survey and get enough facts so someone can get a court order and get in there," he said.
In a house where a landlord is renting space to more people than the home can safely handle, neighbors will notice an increase in unfamiliar people coming and going, but "there's no set standard you can use for any of these complaints," Fairfax said. "There's no manual."
Concerned citizens can call 703-777-0103 to make a complaint. The landlord being investigated will not learn who made the complaint.
THE NEW CODE is based on a mathematical formula that allocates 50 square feet of sleeping space to each boarder. Supervisor Eugene Delgaudio (R-Sterling), who pushed for the new code, was criticized by some who thought the code singled out Hispanic residents.
Wharton said, however, it's not just Hispanics who are the subject of complaints.
"It's a mix," he said. "I wouldn't say there's any specific grouping. People who are trying to save money on housing is what it boils down to."
Wharton did say the complaints were mostly based in Sterling.
The code itself had received some criticism for being too lax — 50 feet of sleeping space still allows 16 occupants in a 1,200-square-foot home, once the square footage of nonsleeping areas such as the kitchen, living room or bathrooms is subtracted.
Delgaudio himself is pleased with the way the code is working so far.
"We have to set a minimum standard," he said. "We could tighten it up down the road once we see how this minimum standard works."
No prosecutions so far means that landlords, when approached, have cooperated with investigators.
"Cooperation is always better than enforcement," Delgaudio said. "Ninety percent of my time as a supervisor is spent with persuasion and nagging. Persuasion and nagging is a lot cheaper for everybody involved."
"We love compliance," said Fairfax. "Eventually there's going to be someone who doesn't follow the rules."
With more unscrupulous landlords getting a visit from investigators, Delgaudio hopes more complaints will be made by neighbors.
"It's going to take six months to a year for people to realize this law means something," he said. "Most people do not want to make a complaint against their neighbor."
Fairfax agreed.
"Once we get the staff ... I think we'll see more complaints," he said.