Notice2024-14718
Economic Growth Regulatory Relief and Consumer Protection Act: Implementation of National Standards for the Physical Inspection of Real Estate (NSPIRE); Extension of NSPIRE Compliance Date for HCV, PBV and Section 8 Moderate Rehab and CPD Programs
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Published
July 5, 2024
Issuing agencies
Housing and Urban Development Department
Abstract
This notice further extends the compliance date for HUD's National Standards for the Physical Inspection of Real Estate (NSPIRE) final rule for the Housing Choice Voucher (HCV), Project Based Voucher (PBV) and Section 8 Moderate Rehabilitation programs, and for the HOME Investment Partnerships Program (HOME) and Housing Trust Fund (HTF), Housing Opportunities for Persons With AIDS (HOPWA), Emergency Solution Grants (ESG) and Continuum of Care (COC) programs ("CPD programs"), until October 1, 2025. HUD is taking this action to allow Public Housing Authorities (PHAs), jurisdictions, participants, recipients, and grantees additional time to implement HUD's NSPIRE standards. This is the second extension of this compliance date.
Full Text
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<title>Federal Register, Volume 89 Issue 129 (Friday, July 5, 2024)</title>
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[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55645-55647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14718]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6086-N-09]
RIN 2577-AD05
Economic Growth Regulatory Relief and Consumer Protection Act:
Implementation of National Standards for the Physical Inspection of
Real Estate (NSPIRE); Extension of NSPIRE Compliance Date for HCV, PBV
and Section 8 Moderate Rehab and CPD Programs
AGENCY: Office of the Assistant Secretary for Public and Indian
[[Page 55646]]
Housing, U.S. Department of Housing and Urban Development (HUD); Office
of the Assistant Secretary for Community Planning and Development, U.S.
Department of Housing and Urban Development (HUD).
ACTION: Notice.
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SUMMARY: This notice further extends the compliance date for HUD's
National Standards for the Physical Inspection of Real Estate (NSPIRE)
final rule for the Housing Choice Voucher (HCV), Project Based Voucher
(PBV) and Section 8 Moderate Rehabilitation programs, and for the HOME
Investment Partnerships Program (HOME) and Housing Trust Fund (HTF),
Housing Opportunities for Persons With AIDS (HOPWA), Emergency Solution
Grants (ESG) and Continuum of Care (COC) programs (``CPD programs''),
until October 1, 2025. HUD is taking this action to allow Public
Housing Authorities (PHAs), jurisdictions, participants, recipients,
and grantees additional time to implement HUD's NSPIRE standards. This
is the second extension of this compliance date.
DATES:
Compliance Date: Jurisdictions, participants, and grantees subject
to 24 CFR parts 92, 93, 574, 576, 578, 882, 982, and 983 are not
required to comply with the changes to these parts in the NSPIRE final
rule until October 1, 2025.
FOR FURTHER INFORMATION CONTACT:
Regarding the HCV and PBV programs: Dana M. Kitchen, Real Estate
Assessment Center, Office of Public and Indian Housing, Department of
Housing and Urban Development, 550 12th Street SW, Suite 100,
Washington, DC 20410-4000; telephone 202-708-1112 (this is not a toll-
free number), <a href="/cdn-cgi/l/email-protection#c28c91928b908782aab7a6eca5adb4"><span class="__cf_email__" data-cfemail="ce809d9e879c8b8ea6bbaae0a9a1b8">[email protected]</span></a>.
Regarding CPD programs: Caitlin Renner, Supervisory Affordable
Housing Specialist, Room 7160, Department of Housing and Urban
Development, 451 Seventh Street SW, Washington, DC 20410-7000;
telephone (202) 708-2684. (This is not a toll-free number).
HUD welcomes and is prepared to receive calls from individuals who
are deaf or hard of hearing, as well as individuals with speech or
communication disabilities. To learn more about how to make an
accessible telephone call, please visit: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
PHAs administering the HCV and PBV programs currently use the
Housing Quality Standards (HQS) for inspections, which are defined at
24 CFR 982.401. The Economic Growth Regulatory Relief and Consumer
Protection Act: Implementation of National Standards for Physical
Inspection of Real Estate (NSPIRE) final rule (``NSPIRE final rule'')
was published on May 11, 2023 (88 FR 30442). The NSPIRE final rule
included amendments to 24 CFR parts 982 and 983 effective October 1,
2023. For CPD programs, the NSPIRE final rule included amendments to 24
CFR parts 92, 93, 570, 574, 576, and 578 to conform their various
inspection requirements to NSPIRE and established an effective date for
these amendments of October 1, 2023. In September 2023, HUD delayed the
compliance date for CPD programs (88 FR 63971) and for the HCV and PBV
programs (88 FR 66882) until October 1, 2024, to allow PHAs,
jurisdictions, participants, recipients, and HUD grantees additional
time for implementation.
II. Basis for Delay of Compliance Date
Through this notice, HUD further delays the compliance date for CPD
programs and for the HCV and PBV programs until October 1, 2025. HUD
encourages any PHA, participating jurisdiction, or grantee that is
ready to implement NSPIRE to do so at their earliest convenience.
However, HUD has determined that additional time is necessary for some
PHAs to implement NSPIRE for the HCV, PBV, and Moderate Rehabilitation
(Mod Rehab) programs. This will provide PHAs with additional time to
train staff and communicate with landlords and give HUD more time to
provide additional technical resources needed for PHAs to transition to
the NSPIRE standards. PHAs have reported to HUD that they are still
recovering from the effects of the COVID-19 pandemic on their
operations and are struggling to recruit and retain private landlords
to participate in the HCV program. PHAs have also reported that staff
time is being dedicated to administrative changes relating to the
Housing Opportunity through Modernization Act (HOTMA), Public Law 114-
201, 130 Stat. 782, which has impacted their ability to implement a new
inspection protocol. Additionally, private software vendors have not
finished their inspection products for PHAs, and HUD has not released
its updated inspection software for HCV inspections.
HUD is also delaying the compliance date for CPD programs to allow
jurisdictions, participants, recipients, and grantees that also
administer housing or rental assistance, and that may rely on
inspections performed under the HCV or PBV programs, to align their
implementation timelines. As stated in the last compliance date
extension for CPD programs, HUD intends to publish standards specific
to each of the several CPD programs before the compliance date. These
notices have not yet been published, and it will be a challenge for
participating jurisdictions, recipients and grantees to revise their
inspection procedures in time.
III. Instructions for PHAs Under the HCV, PBV and Section 8 Mod Rehab
Programs
Only PHAs who will implement NSPIRE prior to the new compliance
date of October 1, 2025, must notify HUD of the date on which they plan
to transition to NSPIRE. This notification must be sent via email to
<a href="/cdn-cgi/l/email-protection#f1bfa2a1b8a3b4a7aeb09d8594839f908594b89f8281949285989e9fb1998495df969e87"><span class="__cf_email__" data-cfemail="b7f9e4e7fee5f2e1e8f6dbc3d2c5d9d6c3d2fed9c4c7d2d4c3ded8d9f7dfc2d399d0d8c1">[email protected]</span></a> with a courtesy copy to their Field
Office representative. The email's subject line must read
``Notification of Extension of HQS, [PHA code]'' and the body of the
email should include the PHA name, PHA code, and what date the PHA
tentatively plans to implement NSPIRE (which may be no later than
October 1, 2025).
PHAs are reminded that the NSPIRE Standards \1\ for installing
carbon monoxide devices and smoke alarms will still apply, as they
implement statutory mandates under the Consolidated Appropriations Act,
2021 \2\ and 2023,\3\ respectively. The NSPIRE Standard for smoke
alarms will be updated for the new smoke alarm requirements before the
statutory compliance date of December 29, 2024.
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\1\ REAC NSPIRE Standards are posted at <a href="https://www.hud.gov/program_offices/public_indian_housing/reac/nspire/standards">https://www.hud.gov/program_offices/public_indian_housing/reac/nspire/standards</a>.
\2\ Section 101, ``Carbon Monoxide Alarms or Detectors in
Federally Insured Housing'' of Title I of Division Q, Financial
Services Provisions and Intellectual Property, of the Consolidated
Appropriations Act, 2021, Public Law 116-260, 134 (2020).
\3\ Section 601, ``Smoke Alarms in Federally Assisted Housing''
of Title VI of Division AA, Financial Services Matters, of the
Consolidated Appropriations, 2023, Public Law No 117-328 (2022).
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IV. Instructions for HOME Participating Jurisdictions and HTF Grantees
As stated in the previous compliance date extension for CPD, HOME
participating jurisdictions and HTF grantees should prepare for the
compliance date by updating property standard regulatory citations and
requirements in written agreement templates with State recipients,
subrecipients, and project owners, as
[[Page 55647]]
required by 24 CFR 92.504(c) and 24 CFR 93.404(c).
In addition, participating jurisdictions and HTF grantees that
intend to comply with the changes in the NSPIRE final rule as of the
effective date should review the deficiencies established in the NSPIRE
Standards notice at 88 FR 40832 and compare these requirements to their
existing rehabilitation and property standards and their inspection
procedures and checklists. While HUD intends to publish a subset of the
deficiencies in the NSPIRE Standards that are applicable to HOME and
HTF projects, participating jurisdictions and HTF grantees that
implement the changes in the NSPIRE final rule before publication of
the subset of deficiencies for HOME and HTF must implement the full set
of deficiencies in the NSPIRE Standards in their rehabilitation and
ongoing property standards and policies and procedures. Further,
participating jurisdictions and HTF grantees may not implement the
changes in the NSPIRE final rule until such rehabilitation and ongoing
property standards and policies and procedures are updated consistent
with NSPIRE.
V. Instructions for CoC, ESG, and HOPWA Programs
CoC and ESG program recipients and HOPWA grantees may apply the
NSPIRE standards at 88 FR 40832 before October 1, 2025, provided that
their program documents reflect the standards they are using and the
date of transition to those standards. Otherwise, CoC and ESG
recipients and HOPWA grantees that are not ready to make the transition
to the new standards will be expected to adhere to the former program
requirements until the new compliance date. However, when HUD issues
the standards specific to the HOPWA, ESG and CoC programs, all grantees
and recipients will be encouraged to prepare for the compliance date by
updating their policies and procedures to reflect the program-specific
standards.
HOPWA grantees are reminded of the requirements for installing
carbon monoxide devices and smoke alarms as required by the
Consolidated Appropriations Act, 2021 and 2023, respectively. HUD will
update the NSPIRE Standard for the new smoke alarm requirements before
the statutory compliance date of December 23, 2024.
VI. Conclusion
Accordingly, HUD revises the October 1, 2024, compliance date for
the changes made to 24 CFR parts 92, 93, 574, 576, 578, 882, 982, and
983 to October 1, 2025, at which time PHAs, jurisdictions, grantees,
recipients, and participants subject to these parts must comply with
the NSPIRE final rule. Until October 1, 2025, PHAs, jurisdictions,
grantees, recipients and participants subject to these parts may
instead choose to comply with the provisions of these parts that were
amended by the NSPIRE final rule as they existed prior to October 1,
2023.
Maria Claudette Fernandez,
General Deputy Assistant Secretary for Community Planning and
Development.
Dominique Blom,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. 2024-14718 Filed 7-3-24; 8:45 am]
BILLING CODE 4210-67-P
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