- HUD will be extending the implementation of NSPIRE-V for the HCV/PBV/CPD programs for another year.
- HUD will be extending the current, temporarily non-scoring deficiencies another year. To read which specific deficiencies these are, click here to read: December 2024 Newsletter
***The official announcement from HUD is forthcoming –
it is currently undergoing final clearance before it’s released***
THE STATE OF APPEALS
Unfortunately…I have bad news. With so many seasoned employees leaving HUD recently, we are left with a bare bones crew where at least a few HUD Reviewers clearly have zero experience with construction or the NSPIRE Protocol itself.
Even with the absolute best constructed appeal, HUD is rejecting them left and right.
Worse, HUD has the ability to reverse an incorrect decision…but have yet to do so.
Let me show you some examples…
This was cited during the NSPIRE inspection as “Outlet/Switch is damaged” with is a Life-Threatening Health & Safety – the highest scoring deficiency.
- This is not an outlet receptacle.
- It’s low voltage and is exempt from the NSPIRE Standards
- A letter from an electrician was provided, even though it is clearly not an outlet receptacle.
This was cited during the NSPIRE inspection under the:
- Inside inspectable area (which literally means inside the building – common areas)
- Cited as “Interior Wall has loose or detached surface covering.”
- It was cited in the totally wrong building
- The inspector’s comments stated, “roofing damage” although cited as Interior Wall
- Could be a bad photo, but I’m not seeing roof damage here.
I have a lot more examples, but you get my point.
It doesn’t seem to matter how obviously incorrect something was cited, nor does it seem to matter if you get a letter from a licensed professional – just about everything seems to be getting rejected.
WHAT CAN YOU DO IF YOU HAVE A REJECTED APPEAL OR BAD INSPECTION?
- Email NSPIRE@HUD.gov and NSPIREREGULATIONS@HUD.gov and explain the situation.
- Email your Senators because there is still no nationally recognized training program for the inspectors.
- During the REAC inspection, if you see clear protocol violations…you should seriously consider stopping the inspection.
I know this can be scary…but with very little chance at a successful appeal, what other option do you have?!
- STAY PROFESSIONAL!
- Call HUD’s Technical Assistance Center (TAC) at 888-245-4860 and tell them what’s going on during your inspection. You NEED a paper trail here (i.e. get a TAC number).
- Call your Account Executive (AE) at your local HUD office.
- Do realize that by cancelling the inspection, there is a chance that HUD’s Federal Inspectors could inspect your property instead of a contract inspector. But also realize you were going to fail your inspection with bogus deficiencies being cited anyway with little chance at a successful appeal…so can it be any worse?
Scheduling Protocol…or lack therof
This is the last Scheduling Protocol by HUD: Inspector Notice 2021-01 which states nothing about whether a 2nd inspection date can be offered nor whether the inspection date can be negotiated.
The ONLY mention of Scheduling Protocol in the Federal Register for NSPIRE is in 24 CFR 5.705
This is the ONLY mention of Scheduling Protocol in the NSPIRE Administrative Final Rule:
- Under the NSPIRE Protocol, there is nothing in writing stating a negotiated inspection date is prohibited!
- There is no guidance or repercussion in writing for cancelling a currently on-going inspection!
NSPIRE has been live since 2023. Inspections throughout the nation are NOT consistent, accurate, nor objective – which are the exact opposite of NSPIRE’s core goals!
- To date, there is still no national, mandatory training program for inspectors.
- There is no official Scheduling Protocol.
- And now with blatantly obvious appeals getting rejected, it’s time for you to speak up!
Contact me!
For all training, Pre-REAC inspections, or appeal consultations, please reach out to me at kmarkan@c4n6.com
Resources
HUD has PDFs (videos are currently down) on how to appeal and how to close out H&S deficiencies here:
NSPIRE Toolkit
**Remember, if you will be appealing something, your “defect mitigation in 24 hours” is that you are appealing…not that you fixed it!**
**If you need more time than 24 hours, block access to the hazard temporarily, if possible AND request approval from HUD for more time to your local HUD office AE AND NSPIREREGULATIONS@HUD.gov
To subscribe to this free monthly newsletter and read newsletters you may have missed, click here: C4N6 Newsletter Registration and Archive