§ 884.217 - Maintenance, operation, and inspections.

§ 884.217 Maintenance, operation, and inspections.

Cross Reference

Link to an amendment published at 88 FR 30499, May 11, 2023.

(a) Maintenance and operation. The Owner shall maintain and operate the project so as to provide Decent, Safe, and Sanitary housing and he consistent with 24 CFR part 5, subpart G, and shall provide all the services, maintenance, and utilities which he the Owner agrees to provide under the Contract, subject to abatement of housing assistance payments or other applicable remedies if he the Owner fails to meet these obligations.

(b) Inspection prior to occupancy. Prior to occupancy of any unit by a Family, the Owner and the Family shall inspect the unit and both shall certify, on . On forms prescribed by HUD, the Owner and Family shall certify, that they have inspected the unit and have determined it to be Decent, Safe, and Sanitary in accordance with the owner shall certify that the unit is compliant with 24 CFR part 5, subpart G, and the criteria provided in the prescribed forms. Copies of these reports shall be kept on file by the Owner for at least three years3 years, and may be required to be electronically submitted to HUD.

(c) Periodic inspections. HUD (or the PHA, as appropriate) will inspect or cause to be inspected each Contract unit the contract units and related facilities at least annually in accordance with the physical inspection requirements in 24 CFR part 5, subpart G, and at such other times (including prior to initial occupancy and rerenting renting of any unit) as HUD (or the PHA) may determine to be necessary to assure that the Owner is meeting his the obligation to maintain the units in Decent, Safeaccordance with 24 CFR part 5, subpart G, and Sanitary condition and to provide the agreed upon utilities and other services. HUD

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or the PHA) will take into account complaints by occupants and any other information coming to its attention in scheduling inspections and shall notify the Owner and the Family of its determination.

(d) Units not decent, safe, and sanitarywith health and safety hazards. If HUD (or the PHA, as appropriate) notifies the Owner that he the Owner has failed to maintain a dwelling unit in Decent, Safe, and Sanitary condition and that in accordance with 24 CFR part 5, subpart G, and the Owner fails to take corrective action within the time prescribed in the by notice, HUD (or the PHA) may exercise any of its rights or remedies under the Contract, including abatement of housing assistance payments, even if the Family continues to occupy the unit. If, however, the Family wishes to be rehoused in another dwelling unit with Section 8 assistance and HUD (or the PHA) does not have other Section 8 funds for such purposes, HUD (or the PHA) may use the abated housing assistance payments for the purpose of rehousing the Family in another dwelling unit. Where this is done, the Owner shall be notified that he the Owner will be entitled to resumption of housing assistance payments for the vacated dwelling unit if:

(1) The unit is restored to Decent, Safe, and Sanitary conditionin accordance with 24 CFR part 5, subpart G;

(2) The Family is willing to and does move back to the restored dwelling unit; and

(3) A deduction is made for the expenses incurred by the Family for both moves.

[88 FR 30499, May 11, 2023]