Inspection Failures

Navigating HQS Re-Inspections and the Consequences of Failure

Passing the initial Housing Quality Standards (HQS) inspection is the key to starting your HAP payments. Failing an ongoing inspection, however, is the fastest way to see that revenue stream stop.

This article details the official process and the serious financial consequences that occur when identified deficiencies are not corrected in time. Understanding this process is not just about compliance; it’s about protecting your cash flow.


The Re-Inspection Trigger

Once a property fails an HQS inspection, the clock starts ticking. You will be given a specific timeframe to make all necessary corrections—typically 24 hours for life-threatening issues and up to 30 days for non-life-threatening problems.

After this correction period ends, the process moves to the next critical stage: the re-inspection. The purpose of the re-inspection is simple: for the PHA to verify that all cited deficiencies have been fixed and the unit is now in a decent, safe, and sanitary condition.

The Deciding Moment: Are Deficiencies Still Present?

The outcome of the re-inspection determines what happens next.

  • If NO deficiencies are present: Congratulations! The unit passes the inspection. A record of the pass is made, and if your payments were being held, they will be reinstated according to PHA policy. Your HAP contract continues uninterrupted.

  • If YES, deficiencies are still present: This is where the situation becomes serious. A second failure triggers significant consequences that directly impact your rental income and your contract with the PHA. The specific actions taken depend on the severity of the outstanding issues.

Important

A failed re-inspection is a critical event. The subsequent actions by the Public Housing Authority (PHA) can directly lead to the suspension of payments or the termination of your contract.

Consequence 1: HAP Abatement (Your Payments Stop)

For unresolved non-life-threatening (NLT) deficiencies, the PHA’s first step is HAP abatement.

Abatement means the PHA stops making Housing Assistance Payments for the unit. These payments will cease on the date specified by the PHA, which is typically the day after the failed re-inspection. The unit is no longer considered compliant with program standards, and therefore, federal funds cannot be used to subsidize it.

Warning

The Tenant is NOT Responsible for the HAP Amount

During a HAP abatement period, you cannot collect the PHA’s portion of the rent from the tenant. The tenant remains responsible only for their calculated family share. Attempting to collect the full rent from the tenant is a violation of your HAP contract and can lead to further penalties or eviction proceedings being ruled against you. The financial loss from an abatement is entirely on the owner.

The abatement continues until you have corrected the failed items and the unit passes a subsequent re-inspection.

Consequence 2: HAP Contract Termination

This is the ultimate penalty for HQS non-compliance. The PHA will initiate the termination of your HAP contract if:

  1. A life-threatening deficiency is not corrected within the 24-hour window and verified.
  2. A non-life-threatening deficiency remains uncorrected through the abatement period.

According to the official HQS Inspection Flowchart, the process for termination varies slightly based on the type of deficiency:

  • For Life-Threatening Failures: The risk is considered so severe that the PHA will move directly to its policy on contract termination. The handbook notes that for these failures, the PHA “will not abate HAP,” meaning the process skips straight to the more severe consequence of ending the contractual relationship to protect the family’s safety.
  • For Non-Life-Threatening Failures: The process is sequential. The PHA will first abate the HAP contract. If the failed items are still not resolved during this abatement period, the PHA will then follow its policy to terminate the HAP contract.

Terminating the HAP contract effectively ends the Section 8 tenancy. The tenant will be informed that the unit is no longer eligible and will be issued a new voucher to move to a compliant property. For the investor, this means the loss of the tenant and the guaranteed subsidy stream associated with them.

Tip

Proving Your Repairs to Speed Up Reinstatement

The HQS flowchart notes that landlords may be able to submit evidence of corrected deficiencies through “alternative means.” Instead of waiting for a physical re-inspection, ask your PHA inspector if you can submit clear, dated photographs of the completed repairs or paid invoices from licensed contractors. This can significantly speed up the process of getting your unit back into compliance and your HAP payments reinstated.