Develop and implement a nationwide inspection review protocol, which includes but is not limited to (1) whether field office staff should mark verification of PHA corrections of life-threatening deficiencies in PASS or any future tracking systems, (2) acceptable documentation for offsite verifications, and (3) whether field office staff should discuss or verify corrections of non-life-threatening deficiencies.

Corrective Action Taken

HUD's Office of Field Operations (OFO) created a protocol describing how it would perform quality control reviews of field office oversight of PHAs’ corrections of life-threatening deficiencies. The implementation of this recommendation resulted in HUD creating a protocol that established consistency in the way HUD field office staff monitored public housing agencies’ corrections of life-threatening deficiencies.

Develop and implement training for field offices that addresses reviewing or following up with PHAs about the correction of life-threatening and non-life-threatening deficiencies and how (1) to review physical inspection reports to effectively ensure that PHAs correct physical deficiencies, (2) PHAs should address or correct each type of deficiency observed in the REAC physical inspection report, and (3) to use PASS or any future tracking system.

Corrective Action Taken

HUD developed and provided training to the field offices on their roles and responsibilities for following up with PHAs on the correction of life-threatening and non-life-threatening deficiencies observed during REAC inspections, the NSPIRE system and standards, protocols, and timelines for deficiency correction and verification. Implementation of the recommendation will help HUD to ensure that field office staff are clear on their roles and responsibilities to communicate with PHAs on how deficiencies should be addressed and verify that PHAs’ inspection deficiencies have been corrected.

Implement a system to track field office inspection review activities and create a repository for the support documentation collected to verify the correction of life-threatening deficiencies.

Corrective Action Taken

HUD’s Office of Field Operations (OFO) had created a quality assurance tracker as well as a life-threatening deficiency tracker, which contained data specific to the inspections selected by OFO HQs, for quality assurance reviews. The documentation (photographs, work orders, etc.) of the life-threatening deficiency correction was maintained in HUD’s NSPIRE Salesforce system.

Implementation of the recommendation resulted in HUD creating a system to track HUD field offices’ verifications of PHAs’ corrections of life-threatening deficiencies.

Develop and implement a nationwide protocol for field offices, describing how PHA self-inspections should be reviewed, based on REAC's determination of the number and frequency of PHA self-inspections.

Status

The Office of Field Operations will develop and implement a nationwide protocol for field offices, describing how Public Housing Agency (PHA) self inspections should be reviewed, based on Real Estate Assessment Center’s determination of the number and frequency of PHA self-Inspections. Enforcing the requirements of inspection timing are dependent upon software changes to NSPIRE.

The final action target date is August 15, 2024.

Analysis

To fully address this recommendation, HUD must provide evidence demonstrating that it has implemented control activities to ensure that public housing properties are inspected within required timeframes. Implementation of this recommendation will result in HUD accurately tracking the dates in which public housing properties should be inspected and that they are timely completed.

Implement adequate policies, procedures, and controls to ensure that public housing properties will be inspected within required timeframes.

Status

While the NSPIRE regulations on inspection timing are completed, the Real Estate Assessment Center is not able to make the required modifications in the NSPIRE system to enforce the regulatory guidelines as this time.  HUD is uncertain whether the vendor can make the needed modifications or if additional funding is needed. As of June 2024, PIH was not able to provide an expected time of when HUD will be able to make that determination.

Analysis

To fully address this recommendation, HUD must provide evidence demonstrating that it has implemented control activities to ensure that public housing properties are inspected within required timeframes. Implementation of this recommendation will result in HUD accurately tracking the dates in which public housing properties should be inspected and that they are timely completed. Due to the uncertainty of when software changes to NSPIRE can take place to enforce the timing of inspections, REAC cannot enforce the requirements of inspection timing.

PIH in coordination with other HUD offices as necessary, research and address potential causes of the variance in the number of EBLL cases among States on the EBLL tracker and identify solutions that are within HUD's control.

Status

On May 7, 2024, the Office of Field Operations (OFO) stated that it met with the Real Estate Assessment Center (REAC) and Office of Lead Hazard Control and Healthy Homes (OLHCHH) on March 4 and April 23 and agreed that OFO and OLHCHH will review CDC data on counties with the highest prevalence of EBLLs in children for counties whose states that have reported their BLL data to CDC. OFO will review its EBLL tracker to determine reporting rates by the largest public housing authorities in those counties. OLHCHH will assign an analyst to summarize the most recently available prevalence rates based on selected states. Subsequently, OFO will scrutinize public housing authorities within those states to ascertain the reported cases.

The revised estimated completion date is February 28, 2025.

Analysis

To fully address this recommendation, OFO must provide evidence of meetings held and summaries of the research conducted. For example, what was the exchange with OLHCHH, did OFO coordinate with any other offices, and what research was conducted? OFO needs to research potential causes for the variances and determine what HUD could do to address them.

Alternatively, OFO must establish that there are no solutions within HUD’s control to address any identified causes.

Implementation of this recommendation will help ensure that EBLL cases are reported and recorded appropriately in the EBLL tracker.

Requires the REAC in coordination with OFO to determine the number of developments and associated units that contain lead-based paint and lead-based paint hazards.

Status

The Real Estate Assessment Center and Office of Field Operations will collaborate with the Office of Lead Hazard Control and Healthy Homes, the Office of Policy Development and Research, and a statistician to evaluate data collected under the NSPIRE inspection program to estimate the number of public housing developments and associated units that contain lead-based paint and lead-based paint hazards. The final action target date is March 31, 2025.

Analysis

To address this recommendation, HUD will need to provide evidence that it collected and evaluated data under NSPIRE and estimated the number of public housing developments and associated units that contain lead-based paint and lead-based paint hazards.

Implementation of this recommendation will assist HUD in working with PHAs to address the public housing units that contain lead-based paint and lead-based paint hazards and help HUD’s oversight of units in need of hazard reduction.

Establish and implement a plan for the unused and unfunded vouchers to mitigate or prevent additional vouchers from becoming unused and unfunded […]

Corrective Action Taken

HUD established and implemented a plan for the unused and unfunded vouchers, aiming to mitigate or prevent additional vouchers from becoming unused and unfunded. PIH's plan included the following, among other actions:

• Determining the scope of HUD's statutory and regulatory authority to offset and reallocate vouchers.
• Issuing Office of Public and Indian Housing Notice 2020-29, titled Guidance for Running an Optimized Housing Choice Voucher Program.
• Continuing the work of HUD's landlord taskforce, engaging in listening sessions with major PHA industry groups, and conducting outreach to increase landlord participation in the HCV Program.
• Developing research by HUD's Office of Policy Development and Research on the best methods for adjusting fair market rents and addressing specific challenges in local communities to increase utilization in the HCV Program.

Ensure that its staff appropriately determines exemptions from the Lead Safe Housing Rule and documents support of the determinations.

Corrective Action Taken

In June 2023, HUD publicly issued Notice 2023-16, Implementation of National Standards for the Physical Inspection of Real Estate (NSPIRE) Administrative Procedures, providing guidance covering the process and operational requirements for HUD’s public housing programs that clarifies for its staff (1) actions that should be taken by the PHA and (2) documentation that must be provided to support that a housing unit is exempt from the Lead Safe Housing Rule. The guidance describes the process that a PHA or property owners and/or agents must take when a NSPIRE inspection identifies deteriorated paint in a property or housing unit. Specifically, the PHA or property owners and/or agents should first verify that the property or housing unit is considered “target housing,” and if so, determine whether it is exempt from the Lead Safe Housing Rule. If an exemption applies, documentation such as, a lease or other residency agreement that affirms that the property is designated exclusively for occupancy by the elderly or persons with disabilities must be provided to HUD. Other residency agreements could include a HUD-approved designated housing plan, property deed or charter, or occupancy restrictions approved by HUD or the PHA’s board of commissioners. The PHA or property owners and/or agency must also affirm whether children under the age of 6 years reside in the property.

Ensure that its staff determines whether a child under 6 years of age resides in an exempted development. If a child is determined to reside in an exempted development take appropriate actions in accordance with its internal policies

Corrective Action Taken

The Office of Field Operations (OFO) updated the Lead-Based Paint Response Tracker’s Standard Protocol and Roles and Responsibilities to identify the roles and responsibilities of HUD’s headquarters and field office level staff in ensuring PHAs’ compliance with the Lead Safe Housing Rule (LSHR). The protocol provides that the OFO field office staff work directly with PHAs to resolve issues of noncompliance with the LSHR and other Lead-based paint (LBP) guidance by responding to or escalating questions/issues to the headquarters team, directing PHAs to available training and resources on HUD.gov or HUD Exchange, and working with PHAs to obtain sufficient documentation to close an LBP case in the LBP tracker promptly. In regards to a child under 6 years of age residing in an exempted development, staff from the field offices must upload supporting documentation determining whether a pregnant lady or child six years old or younger lives in the development, collect missing information, if applicable, coordinate with OFO team to close cases in the LBP response tracker, indicate in the LBP response tracker if the PHA has provided the documents or if the property is exempt and upload supporting documents.