13.1 Coordination of Annual Inspection
The Inspection Department maintains a listing of all Moderate Rehabilitation developments sorted by HAP Contract anniversary date and performs annual inspection based on the anniversary date of the HAP contract. Inspections of projects are automatically scheduled approximately three months prior to this anniversary date. See 24 C.F.R. §§ 882.515 and 882.516.
The BHA shall also inspect an Apartment prior to the initial term of any the Lease, and at least annually during assisted occupancy, and at other times as needed, to determine if the Apartment meets the HQS.
A thorough Unit inspection is required for the BHA to determine compliance with HQS and determine the Rent Reasonableness. See also Chapter 17.
13.2 Inspection Performance Requirements
13.2.1 Generally
See Section 9.1.1 of the HCVP Administrative Plan.
13.2.2 Quality Control
See Section 9.1.2 of the HCVP Administrative Plan.
13.3 Initial Inspections
The inspections referred to in Chapter 5 cover those inspections required after the completion of any rehabilitation or construction prior when the unit is initially inhabited. The initial inspections referred to in this section refer to inspection that occur prior to an Applicant moving into an existing Moderate Rehabilitation unit.
The unit must pass the HQS inspection before the execution of the Assisted Lease and the initiation of payments.
13.3.1 Length of Validity (Initial Inspection)
See Section 9.2.3 of the HCVP Administrative Plan.
13.3.2 Inspection Notice Requirements
The BHA will notify the Family and Owner of the inspection results in writing.
The Owner shall receive detailed information for all failed and inconclusive inspection items so that he or she is fully aware of the work necessary to pass the HQS inspection.
13.3.3 Initial Inspection Failure
If the Owner indicates that he or she is willing to make the requisite repairs, the BHA shall exercise discretion with respect to the period within which the Owner must make repairs in order for the Applicant to execute a Lease for the Apartment. Failure to make repairs and lease the contracted unit to an eligible Family is good cause for the BHA to reduce the number of units assisted under the Contract as described in section 8.9.
13.4 Interim Inspections
See Section 9.4 of the HCVP Administrative Plan.
13.5 Inspection Failure (Annual and Interim)
13.5.1 Time Parameters for Corrections of Inspections Violations
See section 9.5.1 of the HCVP Administrative Plan.
13.5.2 Stopping and Resuming Payments after Interim or Annual Inspection
See section 9.5.2 of the HCVP Administrative Plan. If any unit is in violation of the HQS for more than six month and the Owner does not receive payment as a result, the BHA may reduce the number of assisted units under the Contract in accordance with section 8.9.
13.5.3 Re-inspection (Follow-up inspection)
See section 9.5.3 of the HCVP Administrative Plan.
13.5.4 HAP Contract Termination Criteria
See section 9.5.4 of the HCVP Administrative Plan.
Where no Housing Assistance Payments have been made for 6 consecutive months and the BHA determines that it is unlikely that the Owner will take corrective action to bring the unit into compliance with inspection requirements, the BHA may exercise any of its rights or remedies under the HAP Contract. These remedies include abatement of housing assistance payments (even if the Family continues in occupancy), termination of the HAP Contract for the affected unit, and assistance to the Family in accordance with 24 C.F.R. § 882.514(e).
24 C.F.R. § 882.514 states:
If an Owner evicts an assisted family in violation of the Contract or otherwise breaches the Contract, and the Contract for the unit is terminated, and if the Family was not at fault and is eligible for continued assistance, the Family may continue to receive housing assistance through the conversion of the Moderate Rehabilitation assistance to tenant-based assistance under the Section 8 certificate or voucher program. The Family must then be issued a certificate or voucher, and treated as any participant in the tenant-based programs under 24 CFR part 982, and must be assisted by the BHA in finding a suitable unit. All requirements of 24 CFR part 982 will be applicable except that the term of any housing assistance payments contract may not extend beyond the term of the initial Moderate Rehabilitation Contract.
If the Family is determined ineligible for continued assistance, the certificate or voucher may be offered to the next Family on the BHA's waiting list. The unit will remain under the Moderate Rehabilitation ACC which provides for such a conversion of the units; therefore no amendment to the ACC will be necessary to convert to the Section 8 tenant-based assistance programs.
13.5.5 Notice of Subsidy Termination
The BHA will notify the Owner in writing of the HAP Contract termination. In the case that the HAP Contract is terminated due to Owner non-compliance and the Family is still eligible for continued participation in the Mod Rehab Program, see section 15.2.2 of this Administrative Plan.
13.5.6 HQS Violations of the Participant Family
See Chapter 13 of the HCVP Administrative Plan.
13.6 Analysis of Utility Costs
See section 9.6 of the HCVP Administrative Plan.
13.7 Lead Paint Policy
See section 9.7 of the HCVP Administrative Plan.
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