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

“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”

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

  2. “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

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

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

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

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

  7. PHAS SCORING: 100 POINTS PHYSICAL CONDITIONS 30%

  8. PHAS “HIGH PERFORMER” INCENTIVES • Reduced HUD Oversight • Fewer Reporting Requirements • Extra Points in Grant Competitions • Extra Capital Funding ($400,000?) • Public recognition? HIGH PERFORMER(90+)

  9. PHAS Indicator #1: PHYSICAL CONDITION 5 INSPECTABLE AREAS: • Dwelling units • Building systems • Site • Building exteriors • Common areas

  10. Take Note of the “Big Ticket” Areas INSPECTIONS? 5 INSPECTABLE AREAS: • Dwelling units • Building systems • Site • Building exteriors • Common areas

  11. INSPECTIONS? Preparing for PHAS Inspections... Is a Year-Round Process! Every PHA employee should look at units with “PHAS eyes” at every visit.

  12. INSPECTIONS? 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

  13. INSPECTIONS? Preparing for PHAS Inspections... BEFORE you get the notice: • Train staff • Set staff assignments (tentative) • Alert Residents • Prepare paperwork

  14. INSPECTIONS? 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

  15. INSPECTIONS!! Preparing for PHAS Inspections... WHEN you get the notice: • Review training and assignments • Finalize schedules • Notify residents of specific dates • Check paperwork, make copies

  16. INSPECTIONS!! Preparing for PHAS Inspections... WHEN you get the notice, continued: • Send letter listing modernization work in progress • To Inspector/firm • To Local HUD

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

  18. EXAMPLE #1: SEAL HI-RISE 144 apartments • 2001 REAC Inspection: 96 • 2003 REAC Inspection: 95 • 2005 REAC Inspection: 64 WHAT CHANGED?

  19. EXAMPLE #1: SEAL HI-RISE • 2003 REAC Inspection: 95 • Only minor deficiencies in dwelling units • Bathroom door latches (0.3 pts) • Thermopane windows (0.7 pts)

  20. EXAMPLE #1: SEAL HI-RISE 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)

  21. EXAMPLE #1: SEAL HI-RISE 2005 REAC Inspection: 64 • Bldg systems: “Unsecure elec disconnect boxes (8.2 pts H&S) • (Units: 5.6 pts total)

  22. EXAMPLE #1: SEAL HI-RISE 2005 REAC Inspection: 64 But the initial score was 52, so we added 12 points with requests for Technical Reviews and Database Adjustments

  23. EXAMPLE #2: MT AIRY HOMES 425 Units • 2001 REAC Inspection: 84 • 2003 REAC Inspection: 79 • 2005 REAC Inspection: 69

  24. EXAMPLE #2: MT AIRY HOMES • 2005 REAC Inspection: 69 • Site: Loose handrail (5.2 pts) • Site: Broken glass in play sand (5.2 pts)

  25. EXAMPLE #2: MT AIRY HOMES • 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]

  26. EXAMPLE #2: MT AIRY HOMES • 2005 REAC Inspection: 69 But the initial score was 57, so we added 12 points with requests for Technical Reviews and Database Adjustments

  27. PHAS Physical Inspections 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

  28. Technical Review • Database Adjustment • Further Appeals APPEALS

  29. 24 CFR Sec. 902.68: 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

  30. 24 CFR Sec. 902.68: • 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

  31. 24 CFR Sec. 902.68: 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

  32. 24 CFR Sec. 902.68: • 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

  33. APPEALS: 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.

  34. APPEALS: 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.

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

  36. 24 CFR Sec. 902.69 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

  37. 24 CFR Sec. 902.69 PHA Right of Petition and Appeal 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

  38. 24 CFR Sec. 902.69 PHA Right of Petition and Appeal 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

  39. 24 CFR Sec. 902.69 PHA Right of Petition and Appeal 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

  40. Citations and Resources • 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/

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