Inspection of units by PHAs

Official source

(A) Initial inspection (i) In general For each dwelling unit for which a housing assistance payment contract is established under this subsection, the public housing agency (or other entity pursuant to paragraph (11)) shall inspect the unit before any assistance payment is made to determine whether the dwelling unit meets the housing quality standards under subparagraph (B), except as provided in clause (ii) or (iii) of this subparagraph. (ii) Correction of non-life-threatening conditions In the case of any dwelling unit that is determined, pursuant to an inspection under clause (i), not to meet the housing quality standards under subparagraph (B), assistance payments may be made for the unit notwithstanding subparagraph (C) if failure to meet such standards is a result only of non-life-threatening conditions, as such conditions are established by the Secretary. A public housing agency making assistance payments pursuant to this clause for a dwelling unit shall, 30 days after the beginning of the period for which such payments are made, withhold any assistance payments for the unit if any deficiency resulting in noncompliance with the housing quality standards has not been corrected by such time. The public housing agency shall recommence assistance payments when such deficiency has been corrected, and may use any payments withheld to make assistance payments relating to the period during which payments were withheld. (iii) Use of alternative inspection method for interim period In the case of any property that within the previous 24 months has met the requirements of an inspection that qualifies as an alternative inspection method pursuant to subparagraph (E), a public housing agency may authorize occupancy before the inspection under clause (i) has been completed, and may make assistance payments retroactive to the beginning of the lease term after the unit has been determined pursuant to an inspection under clause (i) to meet the housing quality standards under subparagraph (B). This clause may not be construed to exempt any dwelling unit from compliance with the requirements of subparagraph (D).

(B) Housing quality standards The housing quality standards under this subparagraph are standards for safe and habitable housing established— (i) by the Secretary for purposes of this subsection; or (ii) by local housing codes or by codes adopted by public housing agencies that— (I) meet or exceed housing quality standards, except that the Secretary may waive the requirement under this subclause to significantly increase access to affordable housing and to expand housing opportunities for families assisted under this subsection, except where such waiver could adversely affect the health or safety of families assisted under this subsection; and (II) do not severely restrict housing choice 4 4 So in original. Probably should be followed by a period.

(C) Inspection The determination required under subparagraph (A) shall be made by the public housing agency (or other entity, as provided in paragraph (11)) pursuant to an inspection of the dwelling unit conducted before any assistance payment is made for the unit. Inspections of dwelling units under this subparagraph shall be made before the expiration of the 15-day period beginning upon a request by the resident or landlord to the public housing agency or, in the case of any public housing agency that provides assistance under this subsection on behalf of more than 1250 families, before the expiration of a reasonable period beginning upon such request. The performance of the agency in meeting the 15-day inspection deadline shall be taken into consideration in assessing the performance of the agency.

(D) Biennial inspections (i) Requirement Each public housing agency providing assistance under this subsection (or other entity, as provided in paragraph (11)) shall, for each assisted dwelling unit, make inspections not less often than biennially during the term of the housing assistance payments contract for the unit to determine whether the unit is maintained in accordance with the requirements under subparagraph (A). (ii) Use of alternative inspection method The requirements under clause (i) may be complied with by use of inspections that qualify as an alternative inspection method pursuant to subparagraph (E). (iii) Records The public housing agency (or other entity) shall retain the records of the inspection for a reasonable time, as determined by the Secretary, and shall make the records available upon request to the Secretary, the Inspector General for the Department of Housing and Urban Development, and any auditor conducting an audit under section 1437c(h) of this title . (iv) Mixed-finance properties The Secretary may adjust the frequency of inspections for mixed-finance properties assisted with vouchers under paragraph (13) to facilitate the use of the alternative inspections in subparagraph (E).

(E) Alternative inspection method An inspection of a property shall qualify as an alternative inspection method for purposes of this subparagraph if— (i) the inspection was conducted pursuant to requirements under a Federal, State, or local housing program (including the Home investment partnership program under title II of the Cranston-Gonzalez National Affordable Housing Act [ 42 U.S.C. 12721 et seq.] and the low-income housing tax credit program under section 42 of title 26 ); and (ii) pursuant to such inspection, the property was determined to meet the standards or requirements regarding housing quality or safety applicable to properties assisted under such program, and, if a non-Federal standard or requirement was used, the public housing agency has certified to the Secretary that such standard or requirement provides the same (or greater) protection to occupants of dwelling units meeting such standard or requirement as would the housing quality standards under subparagraph (B).

(F) Interim inspections Upon notification to the public housing agency, by a family (on whose behalf tenant-based rental assistance is provided under this subsection) or by a government official, that the dwelling unit for which such assistance is provided does not comply with the housing quality standards under subparagraph (B), the public housing agency shall inspect the dwelling unit— (i) in the case of any condition that is life-threatening, within 24 hours after the agency’s receipt of such notification, unless waived by the Secretary in extraordinary circumstances; and (ii) in the case of any condition that is not life-threatening, within a reasonable time frame, as determined by the Secretary.

(G) Enforcement of housing quality standards (i) Determination of noncompliance A dwelling unit that is covered by a housing assistance payments contract under this subsection shall be considered, for purposes of subparagraphs (D) and (F), to be in noncompliance with the housing quality standards under subparagraph (B) if— (I) the public housing agency or an inspector authorized by the State or unit of local government determines upon inspection of the unit that the unit fails to comply with such standards; (II) the agency or inspector notifies the owner of the unit in writing of such failure to comply; and (III) the failure to comply is not corrected— (aa) in the case of any such failure that is a result of life-threatening conditions, within 24 hours after such notice has been provided; and (bb) in the case of any such failure that is a result of non-life-threatening conditions, within 30 days after such notice has been provided or such other reasonable longer period as the public housing agency may establish. (ii) Withholding of assistance amounts during correction The public housing agency may withhold assistance amounts under this subsection with respect to a dwelling unit for which a notice pursuant to clause (i)(II), of failure to comply with housing quality standards under subparagraph (B) as determined pursuant to an inspection conducted under subparagraph (D) or (F), has been provided. If the unit is brought into compliance with such housing quality standards during the periods referred to in clause (i)(III), the public housing agency shall recommence assistance payments and may use any amounts withheld during the correction period to make assistance payments relating to the period during which payments were withheld. (iii) Abatement of assistance amounts The public housing agency shall abate all of the assistance amounts under this subsection with respect to a dwelling unit that is determined, pursuant to clause (i) of this subparagraph, to be in noncompliance with housing quality standards under subparagraph (B). Upon completion of repairs by the public housing agency or the owner sufficient so that the dwelling unit complies with such housing quality standards, the agency shall recommence payments under the housing assistance payments contract to the owner of the dwelling unit. (iv) Notification If a public housing agency providing assistance under this subsection abates rental assistance payments pursuant to clause (iii) with respect to a dwelling unit, the agency shall, upon commencement of such abatement— (I) notify the tenant and the owner of the dwelling unit that— (aa) such abatement has commenced; and (bb) if the dwelling unit is not brought into compliance with housing quality standards within 60 days after the effective date of the determination of noncompliance under clause (i) or such reasonable longer period as the agency may establish, the tenant will have to move; and (II) issue the tenant the necessary forms to allow the tenant to move to another dwelling unit and transfer the rental assistance to that unit. (v) Protection of tenants An owner of a dwelling unit may not terminate the tenancy of any tenant because of the withholding or abatement of assistance pursuant to this subparagraph. During the period that assistance is abated pursuant to this subparagraph, the tenant may terminate the tenancy by notifying the owner. (vi) Termination of lease or assistance payments contract If assistance amounts under this section for a dwelling unit are abated pursuant to clause (iii) and the owner does not correct the noncompliance within 60 days after the effective date of the determination of noncompliance under clause (i), or such other reasonable longer period as the public housing agency may establish, the agency shall terminate the housing assistance payments contract for the dwelling unit. (vii) Relocation (I) Lease of new unit The agency shall provide the family residing in such a dwelling unit a period of 90 days or such longer period as the public housing agency determines is reasonably necessary to lease a new unit, beginning upon termination of the contract, to lease a new residence with tenant-based rental assistance under this section. (II) Availability of public housing units If the family is unable to lease such a new residence during such period, the public housing agency shall, at the option of the family, provide such family a preference for occupancy in a dwelling unit of public housing that is owned or operated by the agency that first becomes available for occupancy after the expiration of such period. (III) Assistance in finding unit The public housing agency may provide assistance to the family in finding a new residence, including use of up to two months of any assistance amounts withheld or abated pursuant to clause (ii) or (iii), respectively, for costs directly associated with relocation of the family to a new residence, which shall include security deposits as necessary and may include reimbursements for reasonable moving expenses incurred by the household, as established by the Secretary. The agency may require that a family receiving assistance for a security deposit shall remit, to the extent of such assistance, the amount of any security deposit refunds made by the owner of the dwelling unit for which the lease was terminated. (viii) Tenant-caused damages If a public housing agency determines that any damage to a dwelling unit that results in a failure of the dwelling unit to comply with housing quality standards under subparagraph (B), other than any damage resulting from ordinary use, was caused by the tenant, any member of the tenant’s household, or any guest or other person under the tenant’s control, the agency may waive the applicability of this subparagraph, except that this clause shall not exonerate a tenant from any liability otherwise existing under applicable law for damages to the premises caused by such tenant. (ix) Applicability This subparagraph shall apply to any dwelling unit for which a housing assistance payments contract is entered into or renewed after the date of the effectiveness of the regulations implementing this subparagraph.

(H) Inspection guidelines The Secretary shall establish procedural guidelines and performance standards to facilitate inspections of dwelling units and conform such inspections with practices utilized in the private housing market. Such guidelines and standards shall take into consideration variations in local laws and practices of public housing agencies and shall provide flexibility to authorities appropriate to facilitate efficient provision of assistance under this subsection.

Inspection of units by PHAs

Official source

- name: payment_standard_general_minimum_fmr_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(1)(B) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: shall be not less than 90 percent of that fair market rental versions: - effective_from: '1998-10-21' formula: '0.90'

- name: payment_standard_general_maximum_fmr_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(1)(B) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: shall not exceed 110 percent of the fair market rental versions: - effective_from: '1998-10-21' formula: '1.10'

- name: disability_reasonable_accommodation_payment_standard_without_secretary_approval_maximum_fmr_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(1)(D) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than 120 percent of the fair market rent versions: - effective_from: '1998-10-21' formula: '1.20'

- name: tenant_rent_adjusted_income_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(2)(A)(i) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: 30 percent of the monthly adjusted income versions: - effective_from: '1998-10-21' formula: '0.30'

- name: tenant_rent_monthly_income_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(2)(A)(ii) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: 10 percent of the monthly income versions: - effective_from: '1998-10-21' formula: '0.10'

- name: initial_tenant_based_family_rent_adjusted_income_limit_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(3) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: may not exceed 40 percent of the monthly adjusted income versions: - effective_from: '1998-10-21' formula: '0.40'

- name: project_based_authorized_units_base_limit_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(13)(B)(i) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than 20 percent of the authorized units versions: - effective_from: '2016-07-29' formula: '0.20'

- name: project_based_authorized_units_additional_exception_limit_rate kind: parameter dtype: Rate source: 42 USC 1437f(o)(13)(B)(ii) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: up to an additional 10 percent of the authorized units versions: - effective_from: '2016-07-29' formula: '0.10'

- name: project_income_mixing_dwelling_unit_count_limit kind: parameter dtype: Count source: 42 USC 1437f(o)(13)(D)(i) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than the greater of 25 dwelling units or 25 percent versions: - effective_from: '2016-07-29' formula: '25'

- name: project_income_mixing_dwelling_unit_rate_limit kind: parameter dtype: Rate source: 42 USC 1437f(o)(13)(D)(i) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than the greater of 25 dwelling units or 25 percent versions: - effective_from: '2016-07-29' formula: '0.25'

- name: tenant_contribution_greatest_amount kind: derived entity: Family dtype: Money period: Month unit: USD source: 42 USC 1437f(o)(2)(A) metadata: proof: atoms: - path: versions[0].formula kind: formula source: corpus_citation_path: us/statute/42/1437f/o excerpt: the greatest of the following amounts versions: - effective_from: '1998-10-21' formula: >- max(tenant_rent_adjusted_income_rate * monthly_adjusted_income, tenant_rent_monthly_income_rate * monthly_income, welfare_housing_cost_designated_amount)

- name: tenant_based_monthly_assistance_payment kind: derived entity: Family dtype: Money period: Month unit: USD source: 42 USC 1437f(o)(2) metadata: proof: atoms: - path: versions[0].formula kind: formula source: corpus_citation_path: us/statute/42/1437f/o excerpt: >- if the rent ... does not exceed the applicable payment standard ... rent ... exceeds the greatest - path: versions[0].formula kind: formula source: corpus_citation_path: us/statute/42/1437f/o excerpt: >- if the rent ... exceeds the applicable payment standard ... payment standard exceeds the greatest versions: - effective_from: '1998-10-21' formula: >- if rent_including_tenant_paid_utilities <= applicable_payment_standard: max(0, rent_including_tenant_paid_utilities - tenant_contribution_greatest_amount) else: max(0, applicable_payment_standard - tenant_contribution_greatest_amount)

- name: initial_tenant_based_family_rent_within_limit kind: derived entity: Family dtype: Judgment period: Month source: 42 USC 1437f(o)(3) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/1437f/o excerpt: may not exceed 40 percent of the monthly adjusted income versions: - effective_from: '1998-10-21' formula: >- total_initial_family_rent <= initial_tenant_based_family_rent_adjusted_income_limit_rate * monthly_adjusted_income

- name: general_payment_standard_within_fair_market_rental_range kind: derived entity: PublicHousingAgency dtype: Judgment period: Month source: 42 USC 1437f(o)(1)(B) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/1437f/o excerpt: shall not exceed 110 percent ... and shall be not less than 90 percent versions: - effective_from: '1998-10-21' formula: |- payment_standard >= payment_standard_general_minimum_fmr_rate * fair_market_rental and payment_standard <= payment_standard_general_maximum_fmr_rate * fair_market_rental

- name: project_based_authorized_units_within_limit kind: derived entity: PublicHousingAgency dtype: Judgment period: Month source: 42 USC 1437f(o)(13)(B) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than 20 percent ... up to an additional 10 percent - path: versions[0].formula kind: import import: target: us:statutes/42/1437f/d#project_based_assistance_common_area_consent_required output: project_based_assistance_common_area_consent_required hash: sha256:6b4fcf3eca0e705a3c38348fe896c922d97f52e64497735af48af7a03816db45 versions: - effective_from: '2016-07-29' formula: >- (project_based_assistance_common_area_consent_required and (((additional_exception_units_qualify) and project_based_assistance_units <= authorized_units * (project_based_authorized_units_base_limit_rate + (project_based_authorized_units_additional_exception_limit_rate))) or (not (additional_exception_units_qualify) and project_based_assistance_units <= authorized_units * (project_based_authorized_units_base_limit_rate + (0)))))

- name: project_income_mixing_within_limit kind: derived entity: HousingProject dtype: Judgment period: Month source: 42 USC 1437f(o)(13)(D) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/1437f/o excerpt: not more than the greater of 25 dwelling units or 25 percent versions: - effective_from: '2016-07-29' formula: >- income_mixing_exception_applies or assisted_dwelling_units <= max(project_income_mixing_dwelling_unit_count_limit, project_income_mixing_dwelling_unit_rate_limit * project_dwelling_units)