Transcript Preparing for PHAS Inspections

“YOUR HOUSING AUTHORITY’S
RIGHTS IN THE PHYSICAL
INSPECTIONS PROCESS”
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“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”
#1: Right to Know what the
inspector is looking for
(so you can prepare)
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“YOUR HOUSING AUTHORITY’S
RIGHTS IN THE PHYSICAL
INSPECTIONS PROCESS”
#2: Right to Information
during the inspection
(so you can record or photograph it)
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“YOUR HOUSING AUTHORITY’S
RIGHTS IN THE PHYSICAL
INSPECTIONS PROCESS”
#3: Right to Object
before or during the
inspection?
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“YOUR HOUSING AUTHORITY’S
RIGHTS IN THE PHYSICAL
INSPECTIONS PROCESS”
#4: Right to Appeal
after the inspection
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PHAS SCORING: 100 POINTS
RESIDENT
SATISFACTION
10%
MANAGEMENT
30%
PHYSICAL
CONDITIONS
30%
FINANCIAL
30%
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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+)
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PHAS Indicator #1:
PHYSICAL CONDITION
5 INSPECTABLE AREAS:
 Dwelling units
 Building systems
 Site
 Building exteriors
 Common areas
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Take Note of the
“Big Ticket” Areas
5 INSPECTABLE AREAS:
 Dwelling units
Building systems
Site
Building exteriors
Common areas
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Preparing for PHAS Inspections...
Is a Year-Round Process!
Every PHA employee should look at units
with “PHAS eyes” at every visit.
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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
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Preparing for PHAS Inspections...
BEFORE you get the notice:
•Train staff
•Set staff assignments
(tentative)
•Alert Residents
•Prepare paperwork
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Preparing for PHAS Inspections...
Other Paperwork:
•Lead paint test results
•Lead paint notices to
residents
•Proof of inspectionsboilers, elevators, etc.
•Area of sidewalks,
parking lots
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Preparing for PHAS Inspections...
WHEN you get the notice:
•Review training and
assignments
•Finalize schedules
•Notify residents of
specific dates
•Check paperwork,
make copies
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Preparing for PHAS Inspections...
WHEN you get the notice,
continued:
•Send letter listing
modernization work in
progress
•To Inspector/firm
•To Local HUD
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“YOUR HOUSING AUTHORITY’S
RIGHTS IN THE PHYSICAL
INSPECTIONS PROCESS”
EXAMPLES
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EXAMPLE #1: SEAL HI-RISE
144 apartments
•2001 REAC Inspection: 96
•2003 REAC Inspection: 95
•2005 REAC Inspection: 64
WHAT
CHANGED
?
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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)
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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)
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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)
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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
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EXAMPLE #2: MT AIRY HOMES
425 Units
•2001 REAC Inspection: 84
•2003 REAC Inspection: 79
•2005 REAC Inspection: 69
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EXAMPLE #2: MT AIRY HOMES
•2005 REAC Inspection: 69
•Site: Loose handrail
(5.2 pts)
•Site: Broken glass in
play sand (5.2 pts)
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EXAMPLE #2: MT AIRY HOMES
•2005 REAC Inspection: 69
•Exterior: Door to hirise Maintenance shop
(4.2 pts)
•Exterior: Hi-rise roof
“blistering” (9.3 pts)
•[Exterior max 11.2 pts]
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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
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PHAS During Transition to
Asset Management
•
PHAS Physical
Inspections
Are Due – by AMP
•
NO PHAS Score
for Management,
Financial or
Resident
Satisfaction
(Transition Year)
•
On-Site
Management
Review
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APPEALS
1. Technical Review
2. Database Adjustment
3. Further Appeals
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APPEALS: Technical Review
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.
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APPEALS: Technical Review
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
•Other similar evidence.
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APPEALS: Technical Review
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
condition score;
(iv) Issue a corrected PHAS score.
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APPEALS: Technical Review
24 CFR Sec. 902.68:
Material errors are the only grounds
for technical review of physical
inspection results…
•Building data error (wrong building)
•Unit count error
•Non-existent deficiency error [NOT a
dispute over severity]
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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.
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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.
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APPEALS: Timing
Both Technical Reviews and
Database Adjustments must be
requested within 15 days after the
inspection score is posted.
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FURTHER APPEALS
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…
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APPEALS: Timing
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.
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APPEALS
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].
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APPEALS
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.
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Citations and Resources
•Code of Federal Regulations:
24 CFR Part 902
•HUD-REAC Website on PHAS Inspections:
http://www.hud.gov/offices/reac/products/pro
dpass.cfm
•Non-HUD Websites:
•Texas Housing Association
http://txtha.com/
•REAC Solutions (Michael Gantt)
http://www.reacsolutions.com/
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