HUD’s Office of Multifamily Housing issued a Memorandum to owners and management agents of private HUD-assisted multifamily properties reminding them about existing guidance regarding their obligations to residents. Five topics are addressed in the Memorandum dated July 8.
- Owners must notify residents of planned physical inspections of their units or of the property in general and should give residents at least 24 hours’ advanced notice unless state or local law requires more than a 24-hour notice [24 CFR 200.857(g)].
- Owners must make physical inspection documents available for review and comment, as well as copying, during regular business hours [24 CFR 200.857(g)(2)]. In addition to the physical inspection report, owners must make available for at least 60 days:
- Any Notice of Default of the Housing Assistance Contract (NOD) or Notice of Violation of Regulatory Agreement (NOV). A copy of a NOD or NOV must be placed under each resident’s door and posted in the mail room and on each floor.
- The “Owner’s Certification that the Physical Condition of the Project is in Compliance with HUD Contracts and the Physical Conditions Standards.”
- The 100% survey of the project as requested in a NOD or NOV.
- The owner’s Plan of Corrective Action if one is submitted.
- The results of any re-inspections, technical review, and database adjustment appeal requests.
Owners must post notices in the management office and on any bulletin boards in all common areas informing residents that the above documents are available. The notice must include the name, address, and telephone number of the HUD Field Office account executive. Residents are encouraged to comment on all of the information and report any false certifications.
- HUD reminds owners and management agents to consult residents before establishing or making significant adjustments to House Rules. House Rules are the owner’s written and displayed policies outlining the responsibilities of residents, owners, and management agents. They typically address topics such as noise, pest management, security, and trash disposal.
House Rules must be consistent with the HUD Model Lease and any applicable Use Agreement. All residents must receive a copy of the House Rules and have opportunities to ask questions about them.
- When an owner or management agent submits a written response to a resident complaint to HUD or a Performance-Based Contract Administrator (PBCA), a copy of the response should be provided to the person who made the complaint.
- Owners and management agents are encouraged to submit supporting information with their self-certifications of completed repairs. Examples could include photos, work orders or invoices, and letters from tenant organizations confirming satisfaction with the repairs.
The National Alliance of HUD Tenants (NAHT) has been pressing HUD for such a Memorandum.
Although not yet on the HUD Multifamily website (https://bit.ly/2Sks6GX), NAHT provided a copy: https://bit.ly/2XREMdz