§ 26-109Introduction.
§ 26-110Guidelines/types of inspections. [24 CFR 982.401(a), 982.405]
§ 26-111Initial HQS inspection. [24 CFR 982.401(a), 982.305(b)(2)]
§ 26-112Annual HQS inspection. [24 CFR 982.405(a)]
§ 26-113Special/complaint inspections. [24 CFR 982.405(c)]
§ 26-114Quality control inspections. [24 CFR 982.405(b)]
§ 26-115Acceptability criteria and exceptions to HQS. [24 CFR 982.401(a)]
§ 26-116Emergency repair items. [24 CFR 982.404(a)]
§ 26-117Consequences if owner is responsible (nonemergency items).
[24 CFR 982.405, 982.453]
§ 26-118Determination of responsibility. [24 CFR 982.404, 982.54(d)(14)]
§ 26-119Consequences if family is responsible. [24 CFR 982.404(b)]
Housing quality standards (HQS) are the HUD minimum quality standards for tenant-based programs. HQS inspections are required both at initial occupancy and during the term of the lease. HQS inspections apply to the building and premises, as as the unit. Newly leased units must pass the HQS inspection before the beginning date of the assisted lease and HAP contract.
The WHA will inspect each unit under contract at least annually. The WHA will also have an inspection supervisor perform quality control inspections on the number of files required for file sampling by SEMAP annually to maintain the WHA's required standards and to assure consistency in the WHA's program. This article describes the WHA's procedures for performing HQS and other types of inspections, and WHA standards for the timeliness of repairs. It also explains the responsibilities of the owner and family, and the consequences of noncompliance with HQS requirements for both families and owners. The use of the term "HQS" in this chapter refers to the combination of both HUD and WHA requirements. (See additions to HQS.)
Efforts will be made at all times to encourage owners to provide housing above minimum HQS. The WHA will not promote any additional acceptability criteria which is likely to adversely affect the health or safety of participant families or severely restrict housing choice.
All utilities must be in service prior to the effective date of the HAP contract.
If the tenant is responsible for supplying the stove and/or the refrigerator, the WHA will allow the stove and refrigerator to be placed in the unit after the unit has passed all other HQS. The WHA will conduct a reinspection.
There are five types of inspections the WHA will perform:
Initial/move-in: conducted upon receipt of request for tenancy approval.
Annual: must be conducted within 12 months of the last annual inspection.
Move-out/vacate (for pre October 2, 1995, contracts where there could be damage claims).
Special/complaint: at request of owner, family or an agency or third party.
Quality control.
Timely initial HQS inspection.
The WHA will inspect the unit, determine whether the unit satisfies the HQS and notify the family and owner of the determination within 10 days after the family and the owner have submitted a request for tenancy approval.
The same ten-day clock will be suspended during any period when the unit is not available for inspection.
The WHA will include "date unit available for inspection" on the RFTA form. This date will determine whether the WHA will be required to meet the same ten-day requirement or whether the WHA will suspend the same ten-day period because the unit is not available for inspection until after the same ten-day period.
The initial inspection will be conducted to:
Determine if the unit and property meet the HQS defined in this article.
Document the current condition of the unit as to assist in future evaluations whether the condition of the unit exceeds normal wear and tear.
Document the information to be used for determination of rent-reasonableness.
If the unit fails the initial housing quality standards inspection, the family and owner will be advised to notify the WHA once repairs are completed.
If the time period given by the inspector to correct the repairs has elapsed, or the maximum number of failed reinspections has occurred, the family must select another unit.
The WHA conducts an inspection in accordance with housing quality standards at least annually, at least one day prior to the last annual inspection, so that the inspections are conducted at least annually, as required by SEMAP. Special inspections may be scheduled between anniversary dates.
HQS deficiencies which cause a unit to fail must be corrected by the landlord unless it is a fail for which the tenant is responsible.
The family must allow the WHA to inspect the unit at reasonable times with reasonable notice. [24 CFR 982.551(d)]
The WHA will notify the family in writing or by phone at least two days prior to the inspection.
Inspection. The family and owner are notified of the date and time of the inspection appointment by mail. If the family is unable to be present, it must reschedule the appointment so that the inspection is completed within 10 days.
If the family does not contact the WHA to reschedule the inspection, or if the family misses two inspection appointments, the WHA will consider the family to have violated a family obligation and its assistance will be terminated in accordance with the termination procedures in the plan.
If the WHA is forced to schedule a second inspection appointment because the family missed the original appointment without notifying the WHA, the family will be charged a twenty-five-dollar fee.
Reinspection. The family and owner are provided a notice of the inspection appointment by mail. The appointment letter contains a warning of abatement (in the case of owner responsibility).
Time standards for repairs.
Emergency items which endanger the family's health or safety must be corrected by the owner within 24 hours of notification. (See § 26-116, Emergency repair items.)
For nonemergency items, repairs must be made within 30 days.
For major repairs, the Housing Choice Voucher Program Coordinator may approve an extension beyond 30 days.
Rent increases. Rent-to-owner increases may not be approved if the unit is in a failed condition.
If at any time the family or owner notifies the WHA that the unit does not meet housing quality standards, the WHA will conduct an inspection.
The WHA may also conduct a special inspection based on information from third parties such as neighbors or public officials.
The WHA will inspect only the items which were reported, but if the inspector notices additional deficiencies that would cause the unit to fail HQS, the responsible party will be required to make the necessary repairs.
Quality control inspections will be performed by the Housing Choice Voucher Program Coordinator on the number of files required by SEMAP. The purpose of quality control inspections is to ascertain that each inspector is conducting accurate and complete inspections and to ensure that there is consistency among inspectors in application of the HQS.
The sampling of files will include recently completed inspections (within the prior three months), a cross section of neighborhoods, and a cross section of inspectors.
The WHA adheres to the acceptability criteria in the program regulations.
Modifications.
Modifications or adaptations to a unit due to a disability must meet all applicable HQS and building codes.
Extension for repair of items not required by HQS will be granted for modifications/adaptations to the unit if agreed to by the tenant and landlord. WHA will allow execution of the HAP contract if unit meets all requirements and the modifications do not affect the livability of the unit.
The following items are considered of an emergency nature and must be corrected by the owner or tenant (whoever is responsible) within 24 hours of notice by the inspector:
Lack of security for the unit (e.g., broken lock on first-floor window or entry doors).
Waterlogged ceiling in imminent danger of falling.
Major plumbing leaks or flooding.
Natural gas leak or fumes.
Electrical problem which could result in shock or fire, including smoking or sparking electrical outlet.
No heat when outside temperature is below 50° F. and temperature inside unit is below 68° F.
No running water.
Utilities not in service.
Broken glass where someone could be injured.
Obstacle which prevents tenant's entrance or exit.
Lack of functioning toilet.
If the emergency repair item(s) are not corrected in the time period required by the WHA, and the owner is responsible, the housing assistance payment will be abated and the HAP contract will be terminated.
If the emergency repair item(s) are not corrected in the time period required by the WHA, and it is an HQS breach which is a family obligation, the WHA will terminate the assistance to the family.
Smoke detectors. Inoperable smoke detectors are a serious health threat.
When it has been determined that a unit on the program fails to meet housing quality standards, and the owner is responsible for completing the necessary repair(s) in the time period specified by the WHA, the assistance payment to the owner will be abated.
Abatement.
A notice of abatement will be sent to the owner, and the abatement will be effective from the day after the date of the failed inspection. The notice is generally for 30 days, depending on the nature of the repair(s) needed.
The WHA will inspect abated units within two days of the owner's notification that the work has been completed.
If the owner makes repairs during the abatement period, payment will resume on the day the unit passes inspection.
No retroactive payments will be made to the owner for the period of time the rent was abated and the unit did not comply with HQS.
Termination of contract.
If the owner is responsible for repairs, and fails to correct all the deficiencies cited prior to the end of the abatement period, the owner will be sent a HAP contract proposed termination notice. Prior to the effective date of the termination, the abatement will remain in effect.
If repairs are completed before the effective termination date, the termination may be rescinded by the WHA if the tenant chooses to remain in the unit. Only one housing quality standards inspection will be conducted after the termination notice is issued.
Certain HQS deficiencies are considered the responsibility of the family:
Tenant-paid utilities not in service.
Failure to provide or maintain family-supplied appliances.
Damage to the unit or premises caused by a household member or guest beyond normal wear and tear. "Normal wear and tear" is defined as items which could not be charged against the tenant's security deposit under state law or court practice.
The owner is responsible for all other HQS violations.
The owner is responsible for vermin infestation even if caused by the family's living habits. However, if such infestation is serious and repeated, it may be considered a lease violation, and the owner may evict for serious or repeated violation of the lease. The WHA may terminate the family's assistance on that basis.
If the family is responsible but the owner carries out the repairs, the owner will be encouraged to bill the family for the cost of the repairs and the family's file will be noted.
If emergency or nonemergency violations of HQS are determined to be the responsibility of the family, the WHA will require the family make any repair(s) or corrections within 30 days. If the repair(s) or correction(s) are not made in this time period, the WHA will terminate assistance to the family, after providing an opportunity for an informal hearing. Extensions in these cases must be approved by the Housing Choice Voucher Program Coordinator. The owner's rent will not be abated for items which are the family's responsibility.
If the tenant is responsible and corrections are not made, the HAP contract will terminate when assistance is terminated.
