What to Do When Your Unit Fails an HQS Inspection
The bitterness of poor quality remains long after the sweetness of low price is forgotten.
— Benjamin Franklin
A notification from the Public Housing Authority (PHA) that your property has failed a Housing Quality Standards (HQS) inspection can feel like a setback. However, it’s more accurate to view it as a clear, actionable to-do list. Understanding the process for correcting deficiencies is the key to resolving issues quickly, ensuring your property is safe, and maintaining a steady, reliable stream of Housing Assistance Payments (HAP).
The entire process hinges on one critical question: how severe is the problem? The HQS guidelines categorize all failures into two distinct classes, each with its own non-negotiable timeline for correction.
The Two Critical Timelines: Life-Threatening vs. Non-Life-Threatening
When an inspector identifies a problem, they will classify it as either Life-Threatening (LT) or Non-Life-Threatening (NLT). Your response time and the immediate consequences depend entirely on this classification.
1. Life-Threatening (LT) Deficiencies: The 24-Hour Sprint
Think of an LT deficiency as an emergency. These are conditions that could seriously and immediately jeopardize the health or safety of the tenant.
According to HQS inspection procedures, you have 24 hours to correct any Life-Threatening deficiency. The clock starts ticking from the moment the PHA notifies you of the failure.
Common examples of Life-Threatening deficiencies include:
- Exposed or unsafe electrical wiring.
- A non-functional or missing smoke detector or carbon monoxide detector.
- A suspected gas leak or unsafe gas appliance.
- No running hot or cold water in the unit.
- A major plumbing leak that could cause structural or electrical hazards.
- No heat when the outside temperature is low.
- A blocked emergency exit.
Important
A Life-Threatening deficiency puts the unit into an immediate failed status. The property is not considered “decent, safe, and sanitary” until the issue is fixed and verified. These issues go beyond program compliance; they represent significant liability risks for any landlord. Addressing them within 24 hours is a critical business practice, regardless of the HQS requirement.
2. Non-Life-Threatening (NLT) Deficiencies: The 30-Day Fix
Non-Life-Threatening deficiencies are issues that, while making the unit non-compliant with HQS, do not pose an immediate danger to the family. These are the most common types of inspection failures.
The standard timeframe for correcting NLT deficiencies is up to 30 calendar days from the date of notification.
Examples of Non-Life-Threatening deficiencies include:
- A cracked window pane.
- A torn window screen or a missing screen on an operable window.
- Peeling paint in a unit built after 1978 (lead-based paint issues have their own specific rules).
- A missing or broken light fixture cover.
- A leaky faucet (
not a major pipe burst). - A damaged interior door.
- Minor cosmetic damage to walls or floors.
Tip
While the standard is 30 days, the HQS guidelines allow PHAs to approve extensions for the correction of NLT deficiencies. If you encounter a delay in getting a contractor or ordering a specific part, proactive communication with the PHA is key. Explain the situation and provide an estimated completion date. It’s far better to ask for an extension than to miss the deadline.
Your Responsibility vs. Tenant-Caused Damage
The general rule of HQS is simple: the owner is responsible for maintaining the property and correcting deficiencies. However, there is a crucial exception for damage caused by the tenant or their guests.
According to the inspection handbooks, the owner is responsible for correcting all deficiencies except those caused by the tenant. If an inspector determines that the tenant’s action (or failure to act) led to an HQS failure, the PHA will hold the tenant responsible for the correction.
Warning
If the tenant fails to make the repair within the specified timeframe, the PHA may move to terminate the family’s housing assistance. This puts your rental income at risk.
However, you are not powerless in this situation. As the owner, you have the option to step in and resolve the issue yourself to keep the unit in compliance. You may correct the tenant-caused deficiency and then charge the tenant for the reasonable cost of the repair, in accordance with the terms of your lease agreement. This is often the best business decision, as it protects your asset, keeps the unit compliant, and prevents the termination of the HAP contract over a repair issue.
Proving the Fix: Verifying Corrections
Once you’ve made the necessary repairs, you must prove to the PHA that the deficiencies have been corrected. While this often involves a formal re-inspection, many PHAs have adopted more efficient methods for verification, especially for NLT issues.
According to program guidelines, PHAs may adopt policies that allow landlords to demonstrate corrected deficiencies through alternative means. This can save you significant time and prevent the logistical hassle of scheduling another inspector visit. These alternatives can include:
- Photographic Evidence: For many NLT repairs (like a fixed screen, a replaced outlet cover, or a repaired faucet), the PHA may accept clear, dated photographs showing the completed work.
See example table below!
| Item Before | Item After |
|---|---|
| Cracked Window Pane | New Window Pane |
Missing Outlet Cover |
Installed Outlet Cover |
- Receipts and Invoices: For repairs requiring a professional, submitting a copy of the paid invoice from a licensed plumber, electrician, or other contractor can serve as proof of correction.
Always confirm with your specific PHA what their policy is on alternative verification. Leveraging this option can be the fastest way to move your unit from “fail” to “pass” and ensure your HAP payments continue without interruption.