Your housing authority s rights in the physical inspections process
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“YOUR HOUSING AUTHORITY’S RIGHTS IN THE PHYSICAL INSPECTIONS PROCESS”. “YOUR HOUSING AUTHORITY’S RIGHTS IN THE PHYSICAL INSPECTIONS PROCESS”. Al Hester, Saint Paul (MN) Public Housing Agency Candace Martin, Mount Pleasant (TX) Housing Authority Bruce McNatt, Professional Inspector.

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“YOUR HOUSING AUTHORITY’S RIGHTS IN THE PHYSICAL INSPECTIONS PROCESS”

  • Al Hester, Saint Paul (MN) Public Housing Agency

  • Candace Martin, Mount Pleasant (TX) Housing Authority

  • Bruce McNatt, Professional Inspector


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“YOUR HOUSING AUTHORITY’S RIGHTS IN THE PHYSICAL INSPECTIONS PROCESS”#1: Right to Know what the inspector is looking for (so you can prepare)


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“YOUR HOUSING AUTHORITY’S RIGHTS IN THE PHYSICAL INSPECTIONS PROCESS”#2: Right to Informationduring the inspection (so you can record or photograph it)


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“YOUR HOUSING AUTHORITY’S RIGHTS IN THE PHYSICAL INSPECTIONS PROCESS”#3: Right to Objectbefore or during the inspection?


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“YOUR HOUSING AUTHORITY’S RIGHTS IN THE PHYSICAL INSPECTIONS PROCESS”#4: Right to Appealafter the inspection


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PHAS SCORING: 100 POINTS INSPECTIONS PROCESS”

PHYSICAL CONDITIONS

30%


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PHAS “HIGH PERFORMER” INCENTIVES INSPECTIONS PROCESS”

  • Reduced HUD Oversight

  • Fewer Reporting Requirements

  • Extra Points in Grant Competitions

  • Extra Capital Funding ($400,000?)

  • Public recognition?

HIGH PERFORMER(90+)


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PHAS Indicator #1: INSPECTIONS PROCESS”PHYSICAL CONDITION

5 INSPECTABLE AREAS:

  • Dwelling units

  • Building systems

  • Site

  • Building exteriors

  • Common areas


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Take Note of the INSPECTIONS PROCESS”“Big Ticket” Areas

INSPECTIONS?

5 INSPECTABLE AREAS:

  • Dwelling units

  • Building systems

  • Site

  • Building exteriors

  • Common areas


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INSPECTIONS? INSPECTIONS PROCESS”

Preparing for PHAS Inspections...

Is a Year-Round Process!

Every PHA employee should look at units with “PHAS eyes” at every visit.


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INSPECTIONS? INSPECTIONS PROCESS”

Preparing for PHAS Inspections...

Watch for commonly-cited deficiencies in units:

  • Cracked Outlets and Switchplates

  • Defective GFI Outlets

  • Smoke Detectors

  • Fire Extinguishers

  • Missing Breaker Panels


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INSPECTIONS? INSPECTIONS PROCESS”

Preparing for PHAS Inspections...

BEFORE you get the notice:

  • Train staff

  • Set staff assignments (tentative)

  • Alert Residents

  • Prepare paperwork


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INSPECTIONS? INSPECTIONS PROCESS”

Preparing for PHAS Inspections...

Other Paperwork:

  • Lead paint test results

  • Lead paint notices to residents

  • Proof of inspections- boilers, elevators, etc.

  • Area of sidewalks, parking lots


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INSPECTIONS!! INSPECTIONS PROCESS”

Preparing for PHAS Inspections...

WHEN you get the notice:

  • Review training and assignments

  • Finalize schedules

  • Notify residents of specific dates

  • Check paperwork, make copies


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INSPECTIONS!! INSPECTIONS PROCESS”

Preparing for PHAS Inspections...

WHEN you get the notice,

continued:

  • Send letter listing modernization work in progress

    • To Inspector/firm

    • To Local HUD



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EXAMPLE #1: SEAL HI-RISE INSPECTIONS PROCESS” 144 apartments

  • 2001 REAC Inspection: 96

  • 2003 REAC Inspection: 95

  • 2005 REAC Inspection: 64

WHAT CHANGED?


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EXAMPLE #1: SEAL HI-RISE INSPECTIONS PROCESS”

  • 2003 REAC Inspection: 95

  • Only minor deficiencies in dwelling units

  • Bathroom door latches (0.3 pts)

  • Thermopane windows (0.7 pts)


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EXAMPLE #1: SEAL HI-RISE INSPECTIONS PROCESS”

2005 REAC Inspection: 64

  • Exterior: Emergency door (5.9 pts)

  • Bldg systems: Tank leak (10.2 pts)

  • Common Areas: Thermopane windows (8.2 pts each)


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EXAMPLE #1: SEAL HI-RISE INSPECTIONS PROCESS”

2005 REAC Inspection: 64

  • Bldg systems: “Unsecure elec disconnect boxes (8.2 pts H&S)

  • (Units: 5.6 pts total)


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EXAMPLE #1: SEAL HI-RISE INSPECTIONS PROCESS”

2005 REAC Inspection: 64

But the initial score was 52, so we added 12 points with requests for Technical Reviews and Database Adjustments


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EXAMPLE #2: MT AIRY HOMES INSPECTIONS PROCESS” 425 Units

  • 2001 REAC Inspection: 84

  • 2003 REAC Inspection: 79

  • 2005 REAC Inspection: 69


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EXAMPLE #2: MT AIRY HOMES INSPECTIONS PROCESS”

  • 2005 REAC Inspection: 69

  • Site: Loose handrail (5.2 pts)

  • Site: Broken glass in play sand (5.2 pts)


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EXAMPLE #2: MT AIRY HOMES INSPECTIONS PROCESS”

  • 2005 REAC Inspection: 69

  • Exterior: Door to hi-rise Maintenance shop (4.2 pts)

  • Exterior: Hi-rise roof “blistering” (9.3 pts)

  • [Exterior max 11.2 pts]


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EXAMPLE #2: MT AIRY HOMES INSPECTIONS PROCESS”

  • 2005 REAC Inspection: 69

But the initial score was 57, so we added 12 points with requests for Technical Reviews and Database Adjustments


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  • PHAS Physical Inspections INSPECTIONS PROCESS”Are Due – by AMP

  • NO PHAS Score for Management, Financial or Resident Satisfaction (Transition Year)

  • On-Site Management Review

PHAS During Transition to Asset Management


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APPEALS


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24 CFR Sec. 902.68: INSPECTIONS PROCESS”

If the PHA believes that an objectively verifiable and material error (or errors) occurred in the inspection of an individual property, the PHA may request a technical review of the inspection results for that property.

APPEALS: Technical Review


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  • 24 CFR Sec. 902.68: INSPECTIONS PROCESS”

  • The PHA must submit the Technical Review request to REAC in writing with

  • Photographic evidence,

  • Written material from an objective source, such as a local fire marshal or building code official, or

  • Othersimilar evidence.

APPEALS: Technical Review


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24 CFR Sec. 902.68: INSPECTIONS PROCESS”

REAC may take one or a combination of the following actions:

(i) Undertake a new inspection [if the PHA’s designation would change];

(ii) Correct the physical inspection report;

(iii) Issue a corrected physical conditionscore;

(iv) Issue a corrected PHAS score.

APPEALS: Technical Review


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  • 24 CFR Sec. 902.68: INSPECTIONS PROCESS”

  • Material errors are the only grounds for technical review of physical inspection results…

  • Buildingdata error (wrong building)

  • Unit count error

  • Non-existent deficiency error [NOT a dispute over severity]

APPEALS: Technical Review


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APPEALS: INSPECTIONS PROCESS”Database Adjustment

24 CFR Sec. 902.25:

(1) Adjustments for factors not reflected or inappropriately reflected in physical condition score.

(2) Adjustments for adverse conditions beyond the PHA's control.

(3) Adjustments for modernization work in progress.


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APPEALS: INSPECTIONS PROCESS”Database Adjustment

To adjust a physical condition score based on circumstances [beyond the PHA’s control], the PHA must submit a request to the applicable HUD HUB/Program Center requesting a reinspection of the PHA's properties.

The request must be submitted within 15 days … and must be accompanied by a certification that all deficiencies identified in the original report have been corrected.


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APPEALS: Timing INSPECTIONS PROCESS”

Both Technical Reviews and Database Adjustments must be requested within 15 days after the inspection score is posted.


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24 CFR Sec. 902.69 INSPECTIONS PROCESS”PHA Right of Petition and Appeal

Appeal of PHAS score.If a PHA believes that an objectively verifiable and material error (or errors) exists in any of the scores for its PHAS Indicators, which, if corrected, will result in a significant change in the PHA's PHAS score and its designation ( i.e., as troubled, standard, or high performer), the PHA may appeal its PHAS score…

FURTHER APPEALS


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24 CFR Sec. 902.69 PHA Right of Petition and Appeal INSPECTIONS PROCESS”

Appeal and petition procedures:

(1) To appeal troubled designation or a PHAS score, a PHA must submit a request in writing to the Director of REAC that must be received by REAC no later than 30 days following the issuance of the overall PHAS score to the PHA.

APPEALS: Timing


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24 CFR Sec. 902.69 PHA Right of Petition and Appeal INSPECTIONS PROCESS”

Upon receipt of an appeal of a PHAS score from a PHA, REAC will review the PHA's file and the evidence submitted by the PHA to support that an error occurred. If REAC determines that an objectively verifiable and material error has been documented by the PHA, REAC will convene a Board of Review…[which may determine that a reinspection is required].

APPEALS


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24 CFR Sec. 902.69 PHA Right of Petition and Appeal INSPECTIONS PROCESS”

Final appeal decisions.HUD will make final decisions of appeals, made under this section, within 30 days of receipt of an appeal, and may extend this period for an additional 30 days if further inquiry is necessary.

APPEALS


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Citations and Resources INSPECTIONS PROCESS”

  • Code of Federal Regulations: 24 CFR Part 902

  • HUD-REAC Website on PHAS Inspections:http://www.hud.gov/offices/reac/products/prodpass.cfm

  • Non-HUD Websites:

    • Texas Housing Association http://txtha.com/

    • REAC Solutions (Michael Gantt) http://www.reacsolutions.com/