In October’s edition of our HUD-REAC Monthly Newsletter, I will be discussing when deficiencies are recorded on items you do not own. Will they affect your score? Can you appeal?
Fencing/Gates
- Any deficiencies found on fencing and/or gates that are 4 feet or higher will be recorded and scored against you – whether you own it or not! (Compilation Bulletin, Page 30)
- You can absolutely appeal under “Ownership Issues”
- If you can get the fence/gate owner to take ownership of the fence/gate in writing and provide their contact number.
- Or supply approved building permits/plans reflecting current ownership
- Vegetation from another property penetrating through the fence is a separate deficiency – once the vegetation crosses your property line, it is your problem to handle.
Sidewalks/Driveways/Roads
- No deficiencies will be recorded on sidewalks/driveways/roads if you inform the inspector the city/county/state owns them…except for trip hazards
- The inspector must record any trip hazards on sidewalks/driveways/roads owned by city/county/state under Health & Safety: Hazards-Other – this is a non-scoring! (Compilation Bulletin, Page 30)
- HUD may still require proof of ownership and hold your REAC score until such proof could be provided. I recommend getting it in writing now and putting it in your REAC binder.
- If the inspector records it under Health & Safety: Tripping, either as an error or because he/she still believes you have ownership, appealing is not easy. To appeal, you must:
- Have an executed agreement dated prior to the date of the inspection and with appropriate contact information, between the public authority and the property owner stating they own and are responsible for the sidewalk/driveways/roads or have a letter from the public authority claiming ownership.
- Additionally, there must be a letter from the PHA/POA dated prior to the inspection reflecting a request for the sidewalk to be repaired or a letter from the public authority with information regarding repair of the sidewalk with appropriate contact information.
Retaining Walls and Mailboxes…anything else NOT owned by you
- The inspector should believe you if you maintain they are not owned by you. Be confident in telling him/her, do not give him/her a reason to doubt you!
- If the inspector records deficiencies that you need to appeal, you must have notified the owner or public authority owning the item that it is damaged prior to the REAC inspection.
Resident-Owned Items (Compilation Bulletin, Page 75)
- Refrigerators, stoves, and window air conditioners owned by the resident must be inspected and deficiencies recorded as if the appliances are owned by the property.
- To appeal, it must be stated in the lease agreement that you do not supply these items to the residents.
- Resident-owned furniture or storage that prohibits access to call-for-aids (pull cords) or creates a blocked egress will be scored against you with no possible appeal.
- Improperly stored flammable materials will be recorded as a Health and Safety, regardless of ownership.
- All other resident-owned property will be inspected for Health and Safety deficiencies only but recorded as Health & Safety – Hazards-Other (non-scoring)!
- Some examples of resident-owned property are fire extinguishers, mirrors, picture frames, fan covers, and play equipment.
- There is no requirement by HUD to have these items repaired or removed – refer to your company’s policies and procedures.