July 2002 Owners Update

Owner Update “Question Of The Month”

What is an “emergency inspection”?

In the last couple of months the Owner Update has concentrated on inspection topics. In May we covered time extensions that can be requested by owners under certain conditions to complete HQS repairs. The June issue discussed “paint waivers,” extra time that is granted to repair exterior paint for units inspected in the winter and early spring months. This month focuses on emergency inspections.

Emergency Inspections are a special type of inspection resulting from some sort of significant damage to the unit (not of the tenant’s doing). They are classified “emergency” when the TMHA inspector deems the problem to be life-threatening to the tenant family. The following are examples of life-threatening failures:

major plumbing leaks or flooding,
waterlogged ceiling in imminent danger of falling,
natural gas leak or fumes,
electrical problem which could result in shock or fire,
heating system not operating correctly or at all,
utilities not in service (when owner’s responsibility according to
lease)
obstacle which prevents tenant’s entrance or exit,
lack of functioning toilet,
lack of security for the unit, for example locks don’t function.
other failures that pose an imminent danger to the family.

Usually TMHA hears from the tenant that there is a significant problem in the unit. TMHA will always ask if the tenant has informed the owner about the situation. In these cases, HUD expects the housing authority to act to correct the problem quickly. The issue is addressed in the HAP Contract (3,d). The housing authority must require the owner to repair the problem within 24 hours.

In reality this type of problem is infrequent. When TMHA learns of the problem, the TMHA inspector will inspect and decide if the situation is “life-threatening.” If it is, he will issue the 24-hour repair letter, but will also typically attempt to reach the owner by phone to make sure the owner is aware of the situation and to discuss needed repairs. If possible some leeway may be given to the 24-hour limit if the owner is proactive in repairing the problem, but is at the mercy of other involved parties.

In a calamity situation, however, the bottom line is that the problem needs to be resolved quickly so that the tenant family has safe housing. If the problem is so big that the family cannot resume residency anytime soon, such as a fire, TMHA must use whatever resources are available to get the family into stable housing while repairs are being completed.

The HAP Contract addresses what action the housing authority must take in the case of emergency repairs, in Section 3d. Action for uncompleted emergency repairs can include recovery of overpayments, suspension of HAP, or abatement of HAP. The difference between ‘suspension’ of HAP and ‘abatement’ is that suspended HAP is that which is being held and may be restored at a future date. Abated HAP is rescinded and not restored.