HUD PIH Notice § 2020-31

_______________________________________________________________________
Special Attention of:                     PIH Notice 2020-31
Office Directors of Public Housing,
Regional Directors, and Public Housing    Issued: November 12, 2020
Agencies.
                                          Expires: This notice remains in effect until
                                          amended, superseded, or rescinded

                                                     Cross References: PIH Notices 2019-23,
                                                     2017-20, 2020-05, 2016-05, 2017-20 and
                                                     2020-13, REV-1.


SUBJECT: Remote Video Inspections for Housing Choice Voucher Program

  I.   Purpose: This notice gives public housing agencies (PHAs) guidance on conducting
       Housing Quality Standards (HQS) inspections using Remote Video Inspections (RVIs).
       In RVIs, an HQS inspector performs an HQS inspection from a remote location using
       video streaming technology via a person at the inspection site who serves as a proxy.
       The proxy follows the direction of the HQS inspector throughout the entire inspection
       process, which is described below.

 II.   Background: Section 8(o)(8) of the United States Housing Act of 1937 is the statutory
       provision detailing inspection requirements for housing choice voucher (HCV) and
       project-based voucher (PBV) units. The provision contains initial inspection
       requirements, biennial inspection requirements, and additional provisions addressing
       PHA inspections. 24 CFR 982.405(a) states: The PHA must inspect the unit leased to a
       family prior to the initial term of the lease, at least biennially during assisted occupancy,
       and at other times as needed, to determine if the unit meets the HQS. (See 24 CFR
       982.305(b)(2) concerning the timing of initial inspection by the PHA.) These inspections
       must adhere to the HQS, the performance requirements and acceptability criteria of
       which are detailed in 24 CFR 982.401. PHAs are ultimately responsible for how
       inspections are conducted and for determining if certain housing conditions violate HQS.

       Regardless of the use of technology to facilitate the presentation of information, the PHA
       remains responsible for the conduct of the inspection, and any judgments made about
       whether a condition is a violation of the HQS must be made by the PHA. There may be
       some circumstances where the application of technology provides insufficient
       information or evidence to the PHA to allow it to make an appropriate determination.

       The contents of this document, except when based on statutory or regulatory authority or
       law, do not have the force and effect of law and are not meant to bind the public in any
       way. This document is intended only to provide clarity to the public regarding existing
       requirements under the law or agency policies.
       PHAs that incorporate technology into their processes should have policies and
       procedures in place on how to handle those limitations.

       The RVI procedures detailed in this notice will enable PHAs to comprehensively inspect
       units in a manner that meets the basic statutory and regulatory standards.


III.   Considerations and Best Practices for Incorporating RVI:

       Inspections generally follow 4-phases: (1) administrative preparation, (2) pre-inspection
       planning, (3) performance of the inspection and (4) post inspection. Below are
       considerations and best practices for RVI:

       Administrative Preparation
          Evaluate whether incorporating technology into the inspection process requires
             an update of the HCV Administrative Plan to provide stakeholders fair notice of
             the purpose and benefits of utilizing RVIs for HQS inspections. A best practice
             is to describe locally imposed requirements about who can participate in an RVI
             and additional requirements if an RVI cannot be successfully completed. For
             amendments related to COVID-19, PHAs are reminded of the waiver authority
             provided by PIH Notices 2020-5 and 2020-13, REV-1.

              Determine if the use of technology as part of the inspection process constitutes a
               significant amendment to the Annual Plan. PHAs revise Annual Plans in
               accordance with;
               https://www.hud.gov/program_offices/public_indian_housing/pha. For
               amendments related to COVID-19, PHAs may use the current waivers described
               under PIH Notices 2020-5 and/or 2020-13, REV-1.

       Pre-Inspection Planning
            Assess Equipment Needs. Consider whether the party performing the RVI has the
              equipment, and if not, how it is to be provided. HUD recommends the following:

                  1.   Distance measuring device, i.e., a tape measure.
                  2.   Lighting device, i.e., a flashlight.
                  3.   Circuit analyzer to test the low-voltage operation of electrical lines.
                  4.   Means to test smoke and carbon monoxide detectors.
                  5.   Temperature device for displaying the internal unit temperature.
                  6.   Smartphone or tablet is fully charged with a reliable internet connection.
                       Wi-Fi has the best streaming reliability and quality, but 4G or better
                       cellular data service supports video streaming. The device needs a high
                       camera resolution (megapixels, sensors, and pixel size) to see details such
                       as paint chips or broken glass.
                   7. Any additional items the PHA deems necessary.
              Scheduling RVI. Use standard HQS procedures for scheduling the inspection.
               HUD recommends the tenant, or the landlord or property manager attend the RVI
               inspection. Additionally, the RVI tenant notifications should explain RVI, the
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             rationale for RVI implementation, and provide a contact number and email
             address for tenants to raise questions or concerns.
            Ensure the inspector and designated proxy successfully completes the free online
             Lead based Paint Visual Assessment Training Course, for properties built before
             1978 where a child under 6 resides or will reside (Reference
             www.hud.gov/program_offices/healthy_homes/enforcement/regulations and 24
             CFR 35.1215 (a)(1). Persons trained are to email the certificate of completion to
             the inspector. The inspector adds the certificate of completion to the inspection
             file.

      Performing the Inspection
           Provide adequate privacy safeguards for the protection of Personally Identifiable
             Information (PII). The PHA’s HQS inspector can be in the PHA office or other
             remote location, using equipment that provides PII safeguards.
           Choose a proxy for the inspection. The proxy can be the landlord, property
             representative, tenant, or any adult associated with this tenancy. The selection of
             the proxy is a mutual decision between the PHA, landlord, and tenant (see proxy
             certification in Section IV).
           Once the inspection is scheduled, the HQS inspector uses the PHA’s designated
             streaming web-based platform to contact the proxy. The HQS inspector uses the
             same inspection form the PHA currently uses to record any deficiencies. If the
             PHA currently uses handheld devices rather than a paper form, decide on a
             consistent conversion process.

      Post-inspection
          Inspection passes. PHAs follow its Administrative Plan/procedure, informs the
             tenant/landlord, and follow the process to (1) process HAP for initial inspection or
             (2) approves inspection within their system.
          Inspection fails. PHAs follow its Administrative Plan/procedure, informs tenant
             /landlord of fail items, including any follow-ups such as a
             reinspection/verification or requirement for Lead-Based Paint (LBP) clearance
             testing.

IV.   Considerations and Best Practices RVI Inspection Process: The purpose of this
      section to provide a sample best practice process for PHAs considering to RVIs. The
      only requirement in this section is the Lead Based Paint process in item number 4. It is
      up to the PHA to develop its RVI inspection process. RVI procedures should ensure
      consistency among inspectors and the proxy inspector. Document items that fail
      inspection with a file photo. The general sequence of the inspection is as follows:

      1. Prior to the inspection commencement, verify the unit on screen is the unit scheduled
         to be inspected. From outside the unit, confirm the address and street name.
      2. Once the unit is confirmed, inspect the exterior of the unit (outside walls, roof, any
         exterior item inspectable including the yard) and adjoining properties.
      3. Inspect all interior spaces, bedrooms, common areas, and tenant-accessed areas.
      4. For a pre-1978 property, follow National and State LBP requirements for an HQS
         inspection.

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             a. Verify that the proxy completed the Lead based Paint Visual Assessment
                 Training Course.
             b. Exterior: Examine all sides of the structure, including but not limited to
                 fences and outbuildings. Visually examine paint conditions of all siding, trim,
                 windows, porches, steps, columns, and any other painted areas.
             c. Interior: Review each room separately and visually examine paint conditions
                 of walls, ceilings, steps, floors, doors, door frames, and windows, including
                 window troughs.
             d. For deteriorated paint (including cracked, chipped or otherwise damaged
                 paint), document the amount of deterioration, indicating whether the scale is
                 greater or less than the HUD de minimis amounts (24 CFR 35.1350(d)).
      5. Complete the process of generating notification letters to the landlord and/or tenant to
         communicate inspection results.
      6. Schedule re-inspection/clearance test, if needed, in accordance with the PHA/LBP
         policy.

      Proxy Certification. Prior to the RVI, the PHA and impacted parties with legal
      possession of the unit should agree to use an RVI rather than an on-site inspection by
      PHA staff. This agreement is usually with the owner/landlord for an initial inspection of
      unoccupied units as the potential tenant may not have legal access yet. In the case of an
      occupied unit, the agreement is usually with the tenant or other adult household member.
      If an agreement cannot be reached, the PHA follows the procedures for on-site
      inspections.

      Notify the approved proxy in advance that participation in the RVI will involve:
       1. Determination of no smell of natural gas, Methane, or other noxious gas.
       2. Completion of the free online Lead based Paint Visual Assessment Training Course,
          for properties built before 1978 where a child under 6 resides or will reside
          (reference www.hud.gov/program_offices/healthy_homes/enforcement/regulations).
       3. Streaming the RVI (not recorded) considering a legal review may be needed to
          address possible PII concerns.
       4. Fully following directions of the inspector.
       5. Any additional items deemed necessary by the PHA.

V.    Post-RVI Inspection: PHAs are encouraged to perform additional Quality Control (QC)
      inspections under the RVI process. RVI QC inspections are in addition to the five
      percent required under SEMAP indicator #5 unless SEMAP indicator #5 is waived by
      PIH 2020-05 and/or 2020-13, REV-1.

VI.   Notification: Submit a notification of intent to use RVI to RVI@hud.gov and use this
      same address for any questions or need for further information.



                                                          /s/
                                    R. Hunter Kurtz, Assistant Secretary
                                     for Public and Indian Housing
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