Part E - Inspections and Inspection Standards
HUD Regulations 24 CFR 882.803(b)(1)
Physical condition standards. Section 882.404 applies to this program.
HUD Regulation 24 CFR 882.404(c)
Special housing types. The following provisions in 24 CFR part 982, subpart M (Special Housing Types) apply to the Section 8 moderate rehabilitation program:
(1) 24 CFR 982.605(b) (for SRO housing). For the Section 8 moderate rehabilitation SRO program under subpart H of this part 882, see also 882.803(b).
AHFC will inspect units under this Administrative Plan using the Housing Quality Standards.
1. Move-In Inspection
Each unit will be inspected prior to move-in by a certified Housing Quality Standards inspector. The owner will perform these inspections using the required AHFC inspection form.
2. Annual Inspection
The owner will perform an inspection of the entire building (less the individual tenant units) at least once per year.
3. Quality Assurance Inspection
HUD Regulation - 24 CFR 882.516(b)
Periodic inspection. In addition to the inspections required prior to execution of the Contract, the PHA must inspect or cause to be inspected each dwelling unit under Contract at least annually and at such other times as may be necessary to assure that the Owner is meeting the obligations to maintain the unit in decent, safe and sanitary condition and to provide the agreed upon utilities and other services. The PHA must take into account complaints and any other information coming to its attention in scheduling inspections.
AHFC shall inspect 20 percent of the units and all common areas at least annually to determine whether it continues to conform to HUD Housing Quality Standards (HQS). The inspection(s) shall occur on a mutually agreed upon schedule.
4. Complaint Inspection
A complaint inspection can be made at the request of either the participant or the owner. These inspections will be scheduled when the alleged HQS violations constitute a serious habitability impediment to the unit or where the violation constitutes a serious threat to the value and integrity of the property.
If an HQS violation is cited by AHFC as a result of a complaint inspection, AHFC will notify the owner in writing of the violation and time frame for corrections. See Units Not Decent, Safe, and Sanitary below for failed items.
5. Move-Out Inspection
The owner will be responsible for conducting all move-out inspections and documenting any resultant charges to the tenant.
AHFC will provide the owner at least a two-week (or a mutually agreed upon day) written notice of the scheduled quality assurance inspection. The owner shall provide proper written notice to the tenants alerting them of the inspection and their obligations to assist AHFC in completion of the inspection. AHFC inspectors will enter the unit in the absence of the tenant if the owner is present and is able to document that the owner has given proper notice to the tenant about unit entry.
7. Units Not Decent, Safe, and Sanitary
HUD Regulation - 24 CFR 882.516(c)
Units not decent, safe and sanitary. If the PHA notifies the Owner that the unit(s) under Contract are not being maintained in decent, safe and sanitary condition and the Owner fails to take corrective action (including corrective action with respect to the Family where the condition of the unit is the fault of the Family) within the time prescribed in the notice, the PHA may exercise any of its rights or remedies under the Contract, including abatement of housing assistance payments (even if the Family continues in occupancy), termination of the Contract on the affected unit(s) and assistance to the Family in accordance with 882.514(e).
- AHFC will inform the owner, in writing, of an HQS violation and a time frame for re-inspection.
- If the violation is considered life threatening, the repairs must be made within no more than 24 hours from notification.
- All other repairs must be corrected within no more than 30 calendar days (or any AHFC-approved extension).
- They may correct all failed items on their own, regardless of who actually caused the damage; or
- They may determine which failed items are caused by the tenant and require the tenant to make the repairs.
Once failed items have been corrected, AHFC will conduct a re-inspection using the original inspection form. If, at the time of re-inspection, the repairs have not been made, AHFC will notify the owner of each item not corrected. Failure by the owner to correct deficiencies within the required time frame can result in abatement of the HAP until the corrections are made.
7.B Abatement Process
A recommendation to abate HAP monies to an owner for the failure to meet HQS shall be the responsibility of the inspector who noted the failed items at the time of the re-inspection. AHFC and the owner agree to take every reasonable action to avoid abatement, except as a last resort. The decision to abate HAP monies to a housing provider for HQS non-compliance will be final. Any abated monies will not be reimbursed to the owner except by approval of the Director, Public Housing Division.
Should an abatement continue for 30 days or more, AHFC may choose to terminate the HAP contract.
2018-01 Updates to Adelaide Administrative Plan