ANNOUNCEMENTS
Last Webinar at special discounted pricing!
‘NSPIRE: What We Know So Far!’ a 3-hour live webinar training.
Thursday, July 20th
9 am – 12 pm PST (12 pm – 3 pm EST)
Register here: NSPIRE Training – hosted by C4N6
In this July (Part 1) 2023 issue of our HUD-REAC/UPCS/NSPIRE Monthly Newsletter, I am happy to tell you that HUD finally posted the last 2 Final Rules we have been waiting on – Administrative Procedures Notice and Scoring Notice!
I will be discussing the key takeaways from the Admin Notice in Part 1 and, to make it easier to read, a separate Newsletter for Part 2: Scoring.
All the Final NSPIRE Documents:
NSPIRE Final Rule – NSPIRE Overall Final Rule (222 pages)
NSPIRE Final Rule – NSPIRE Final Rule – Standards (35 pages)
NSPIRE Final Rule – NSPIRE – 3.0 Inspection Standards (295 pages) or NSPIRE Standards – HUDs Site
NSPIRE Final Rule – NSPIRE – Administrative Procedures (18 pages)
NSPIRE Final Rule – NSPIRE – Scoring Notice (27 pages)
Abbreviations:
IMS/PIC = Inventory Management System/PIH Information Center
iREMS = Integrated Real Estate Management System
LT = Life-Threatening
MF = Multi-Family
PHA = Public Housing Agency
PIH = Public and Indian Housing
POA = Property/Owner/Agent
Key Takeaways of the Final Notice – NSPIRE Administrative Procedures:
Overall, I was really disappointed in this 18-page document as they failed to address so many topics that they promised. I created a chart indicating which promised topics were or were not included in the Administrative Notice – the chart is located at the bottom of this Newsletter. I am only including “breaking news” in these Takeaways.
- Although this document is considered “Final,” HUD is accepting comments sent to NSPIRERegulations@hud.gov and will consider your comments for future revisions and operational guidance.
- HCV/PBV/CPD – NSPIRE will be effective Oct 1, 2023. HUD has publicly stated that HQS inspections could continue, provided you notify your local HUD office, until Oct 1, 2024, but has not put it in writing yet. Per Page 4 – “HUD will issue additional Departmental notices before 10/01/23” for these programs.
IF YOU ARE HCV/PBV/CPD – STOP READING NOW
(The Admin Notice is only for PHAs and MF programs)
- Inspectors will NOT inspect or cite as deficient:
- Areas of the property that are not considered housing or part of the housing project (commercial space, sidewalks, fencing, roads and parking lots not owned or maintained by the property).
- Peeling paint in areas a child under age 6 would not frequent (e.g., locked utility closet)
- Tenant-owned personal property that are NOT considered components of the 3 inspectable areas: Unit, Inside, Outside (e.g., tenant-owned picture with broken glass would not be cited for sharp edges).
- Certain tenant-owned items WILL be cited:
- Any items affecting the performance of a fire safety system or puts the building at risk (e.g., tenants painting or blocking sprinkler heads)
- Damaged/missing tenant-owned appliances where it is considered the primary item to meet affirmative requirements (e.g., tenant-owned refrigerator has a damaged seal)
- Anything tenant-owned that violates affirmative requirements (e.g., unvented fuel-burning appliance)
- PHA and MF guidance on all tasks that need to be completed prior to the NSPIRE inspection date are found on Page 7
- PHAs must update IMS/PIC
- MF must update iREMS.
- REAC will allegedly contact you or the assigned field office 30 to 90 days prior to the planned inspection.
- You will have to upload ALL the information UPCS inspectors used to ask for (certificates, construction years, property profiles, unit occupancy, etc.)
- HUD suggests notifying your residents at least 7 days in advance through multiple communication methods.
- Up to 5 additional units could be inspected if recommended by a resident council or tenant organization.
- These 5 units will NOT be scored (unless one of them is already part of the NSPIRE sample)
- Residents must submit unit recommendations through the automated system or email at least 30 days prior to the scheduled inspection. (HUD will allegedly inform residents when they can submit their recommendations approximately 180 days prior to inspection).
- Even though not scored, all deficiencies must be corrected and evidence of correction for the 24-hour deficiencies must be communicated to HUD.
- The inspection COULD INCLUDE VACANT UNITS – REAC is seeking comment on this practice and will consider it for NSPIRE inspector protocols. I highly recommend you email HUD (see #1) and tell them, “Since NSPIRE focuses primarily on health & safety, vacant units should not be inspected because no one lives in the unit therefore the health & safety of residents is not impacted in any way and, if the units are unturned, unfairly impacts the overall score of the property.”
- PHAs and POAs are required to make inspection results available to residents.
- Deficiency Correction
- The 24-hour correction timeframe commences immediately upon notification by the inspector and does NOT PAUSE FOR NON-WORKING HOURS, INCLUDING WEEKENDS!
- Proof of work – work orders, invoices, photos (as long as it matches the deficiency photo)
- “Corrected” means you repaired it, blocked access to it, or relocating the resident.
- If you can’t permanently repair something within 24 hours, you must provide HUD with a timeframe and get HUD’s approval in writing. This should be conducted via email to the field office representative with a courtesy copy to NSPIRERegulations@hud.gov until HUD gets the NSPIRE System fully operational.
- All evidence of repair must be submitted within 48 hours after the 24-hour deadline (allowing 72 hours for the full process)
- Lead Based Paint (properties built prior to 1978)
- If you are exempt (elderly, persons with disabilities, or zero-bedroom dwelling unless a child of less than 6 years old resides in such housing) you must upload evidence of the exemption to the NSPIRE system.
- There is NOTHING in writing instructing the inspector not to record peeling paint if the property is exempt (other than in places a child under 6 will not go) nor is there anything in writing that you will get your points back if it’s recorded on an exempt property or unit without a child under 6.
- Mold and Moisture
- For LT or Severe (over 1 square foot – 24-hour correction) mold and moisture deficiencies, the PHA or POA shall assess and control the moisture source and provide REAC a plan for additional evaluation and remediation.
- “Residents should be temporarily relocated until mold and moisture conditions are controlled” (Page 15 of the Admin Notice)
- You do not have to conduct air sampling or send samples for lab analysis.
- Annual Self-Inspections (can be conducted by us – Constructive Forensics)
- Required ONLY for PHAs and MF with an assistance contract.
- Per the NSPIRE Final Rule page 107 and 177, if you score ABOVE a 60, the survey may be limited to inspecting for deficiencies based on the NSPIRE inspection’s findings.
- Below a 60, you will need to conduct a full survey of the entire property AND submit the survey reports within 60 days to NSPIRERegulations@hud.gov with a courtesy copy to the assigned field office representative until the online NSPIRE system can receive the submission.
- You are required to keep copies of self-inspection results for at least 3 years.
- Technical Reviews
- Due within 45 days from the date of the inspection report.
- If you do not hear from REAC about the status of the appeal within 120 days, ALL points relating to appealed deficiencies will be restored! (So don’t call or follow up)