Non-Life Threatening (NLT) Provision for HQS Inspection Process

Effective September 1, 2018, NYCHA is adopting the non-life threatening (NLT) provision from PIH Notice 2017-20 (HA) for the Section 8 Housing Choice Voucher Program. With this provision, NYCHA will be able to provide relief to program participants in the inspection process as specified below.

Updated List of 24-Hour Life-Threatening (LT) Violations

• Gas (natural or liquid petroleum) leak or fumes
• Electrical hazards that could result in shock or fire
• Inoperable or missing smoke detector
• Interior air quality (missing or non-functioning carbon monoxide detector)
• Gas/oil-fired water heater or heating, ventilation or cooling system with missing, damaged, improper or misaligned chimney or venting
• Lack of alternative means of exit in case of fire or blocked egress
• Other interior hazards
• Deteriorated paint surfaces as defined by 24 CFR 35.110 in a unit built before 1978 that is to be occupied by a family with a child under 6 years of age
• Any other condition subsequently identified by HUD as LT in a notice published in the Federal Register
• Any other condition identified by the administering PHA as life-threatening in the PHA's administrative plan prior to April 18, 2017. These conditions include:
  • Building in imminent danger of collapse
  • Illegal window gates on fire escapes

Faster Completion of New Section 8 Rentals

New rental and conversion inspections with only NLT violations can proceed to HAP Contract execution.* Following notice to the landlord of the NLT violations, subsidy will begin with a 30-day window to correct the NLT violations.

Opportunity to Collect Withheld Subsidy

If an initial rental fails inspection for NLT violation(s), the subsidy will be suspended after 30 days if the violation is not corrected. The owner has 90 days from the HAP contract effective date to correct the NLT violation(s) to qualify for retroactive payment. If the NLT violation is not repaired within 90 days of the HAP effective date, the subsidy will be abated. Once the subsidy is abated, retroactive payment will not be issued once repairs are verified by NYCHA. Payments will resume prospectively only.

*The voucher holder must agree to accept the unit with the NLT conditions unless such condition is waived by HUD.