What are Housing Quality Standards (HQS)?
HQS are the minimum requirements set by the U.S. Department of Housing and Urban Development (HUD) that all dwelling units must meet before a family can occupy the unit while receiving Section 8 assistance. It is the responsibility of the owner to maintain the unit and building in accordance with HQS. For more information on HQS, please visit the Housing Quality Standards page.
What program changes is NYCHA making regarding HQS due to NSPIRE?
What is an initial inspection?
Initial inspections are conducted for a new rental (including transfers and restorations) upon submission of a Request for Tenancy Approval (RFTA). Units must meet the inspection standards before NYCHA is able to approve a RFTA and enter into a Housing Assistance Payment (HAP) contract with an owner.
What is a Certification of Completed Repairs?
A Certification of Completed Repairs is a document attesting that the violations noted during a NYCHA inspection have been corrected in the unit and/or building.
During an inspection, if violations are found in a unit, the owner is notified via the NE-1 Letter to Owner – Hazardous Conditions (NYCHA form 059.307B). Once deficiencies are corrected, an owner can submit a Certification of Completed Repairs for the non-life-threatening violations (Certification of Completed Repairs NE-2, NYCHA form 059.307) via the Owner Extranet.
If violations are found in a public space of the building, the owner is notified via the NE-1PS Letter to Owner – HQS Violations – Public Space (NYCHA form 059.348A). Once deficiencies are corrected, an owner can complete a Certification of Completed Repairs for the non-life- threatening violations (Notification of Completed Building Repairs NE-2PS, NYCHA form 059.348) via the Owner Extranet.
Please note that NYCHA may inspect the unit to confirm violations were corrected.
What are 24-hour violations?
Twenty-four-hour violations are those that present a life-threatening hazard, including, but not limited to:
Building in imminent danger of collapse
Illegal window gates on fire escapes
Missing or inoperable smoke and/or carbon monoxide detectors
Gas leak
Smoking/sparking/exposed wiring that could result in shock or fire
Severe fire damage
No secondary means of egress
How does the owner certify repairs for 24-hour violations?
Under normal circumstances, NYCHA does not accept certifications for 24-hour violations and instead must conduct a re-inspection. However, until further notice, NYCHA will accept a certification to confirm that 24-hour violations have been corrected for life-threatening violations cited during an HQS inspection. Please note that NYCHA may inspect the unit to confirm any deficiencies were corrected.
To submit a certification for a 24- hour violation:
Log in to the Owner Extranet here.
Review the Letter to Owner: Hazardous Conditions NE-1 Inspection (NYCHA form 059.307) and/or Notification of Completed Building Repairs NE-1PS.
Complete the related Certification of Completed Repairs.
Upload completed work order ticket(s) and/or paid invoice(s) from a supplier for the repairs. The work order and/or paid invoice must include the Section 8 tenant’s address (including the unit number), the date the work was completed, and a description of repairs completed.
Submit the completed form and supporting documentation via the Owner Extranet
If the completed work order ticket(s) and/or paid invoice(s) from a supplier for the repairs is not available, NYCHA will accept the NE-2 certification with the owner’s and tenant’s signatures. NYCHA will contact the tenant to verify repairs and may schedule an inspection if required.
To request a re-inspection, owners can call NYCHA’s Customer Contact Center at 718-707-7771, Monday through Friday, between the hours of 8 a.m. and 4 p.m.
When will the Certification of Completed Repairs for 24-hour violations be accepted?
NYCHA will only accept the Certification of Completed Repairs if:
The owner’s and tenant’s signatures are on the certification
The work order ticket(s) and/or paid invoice(s) are submitted and include: i) the Section 8 tenant’s address (including the unit number); ii) the date the work was completed; and iii) a description of repairs completed
There is no tenant dispute about the violations being corrected
What should an owner do if a tenant does not allow access into the unit to repair deficiencies?
If the participant fails to allow access to an owner to repair deficiencies, the owner must document attempts to gain access. NYCHA requires that owners send written notices via certified mail to the participant to document attempts to gain access to the unit.
The owner must submit to NYCHA valid documentation that attempts were made to make repairs and the participant did not provide access for repairs within 30 calendar days from the failed inspection, NYCHA will send the participant a termination warning letter regarding their failure to fulfill household obligations. Submission of certified notices sent to the tenant to gain access does not prevent suspension of subsidy payments or trigger reinstatement. In order for subsidy payments to be restored, NYCHA must confirm all repairs in the unit. If the owner fails to timely submit required documentation showing the tenant is not providing access for repairs, but subsequently completes repairs, then the effective date for reinstatement of subsidy will be the first of the month following the date repairs are confirmed by NYCHA. If the owner fails to timely notify NYCHA within 30 calendar days but does notify NYCHA at some point afterwards, the owner may be eligible for retroactive payment once repairs are made and confirmed by NYCHA. NYCHA will not make any retroactive payment adjustment to the owner for a period of more than 180 consecutive days, except in cases where the owner submitted proof of litigation.What should an owner do if the tenant moves out before repairs can be made?
If the tenant moved out of the unit for any reason after the owner timely notified NYCHA of the tenant’s alleged failure to provide access for repairs, the owner may be eligible for retroactive subsidy payments if the owner notifies NYCHA within 30 calendar days of the move-out that it has corrected all violations cited in the relevant NE-1. To be eligible for retroactive payment, the owner must either:
a) submit a completed NE-2, within 30 calendar days of the tenant vacating the unit, along with a completed work order ticket(s) and/or paid invoice from a supplier for the repairs. The work order and/or paid invoice must include the Section 8 tenant’s address (including the unit number), the date the work was completed, and description of repairs completed; OR
b) Call the Customer Contact Center at 718-707-7771 within 30 calendar days of the tenant vacating the unit, to request a reinspection of the unit and the unit then passes inspection.
If NYCHA confirms repairs were completed, the owner may be eligible for a retroactive payment adjustment from the date of the suspension of subsidy payments to the NYCHA approved move-out date. NYCHA will not make payments for months when the tenant did not reside in the unit. In addition, NYCHA will not make a retroactive payment adjustment for a period of more than 180 consecutive days, exceptions apply.
NYCHA will not consider any requests for retroactive payments that are received more than 30 calendar days from the date the tenant vacated the unit.