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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Proposed Rules
sanitary and in good repair? In addition, what minimum housing condition standards should HUD apply throughout the affordability period to HOMEand HTF-assisted rental projects and units occupied by tenants receiving HOME TBRA to ensure that the housing remains decent, safe, sanitary and in good repair?
Question for Comment 5: How do the NSPIRE standards in this proposed rule compare to minimum deficiencies that must be corrected in HOMEand HTF-assisted rehabilitation projects at 92.251b and 93.301b or which must be corrected prior to HOMEand HTF-assisted homebuyer acquisition of standard housing i.e., down payment assistance to ensure that upon completion the housing is decent, safe, sanitary and in good repair?
Question for Comment 6: Should HUD establish different minimum deficiencies that must be corrected in HOMEor HTF-assisted rental housing and homebuyer or owner-occupied housing rehabilitation projects at 92.251b and 93.301b? If so, what should HUD consider when establishing minimum standards for the rehabilitation of rental housing, homebuyer housing, or owner-occupied housing?
Question for Comment 7: Should HUD establish different minimum deficiencies that must be corrected in large and small HOMEor HTF-assisted rehabilitation projects at 92.251b and 93.301b? If so, what should HUD
consider when establishing minimum standards and what should HUD define as a large housing project?
Question for Comment 8: Should HUD establish different minimum deficiencies that must be corrected for HOME or HTF-assisted rehabilitation and homebuyer or owner-occupied acquisition of standard housing i.e., down payment assistance projects at 92.251c3 and 93.301c3? If so, what should HUD consider when establishing minimum standards for rehabilitation projects and homebuyer acquisition projects?
Question for Comment 9: Should HUD establish minimum written property standards requirements for housing occupied by tenants receiving HOME TBRA at 92.251f that exceed or are different than minimum requirements for the ongoing condition of HOME-assisted rental housing?
Should HUD establish a list of minimum deficiencies that must be corrected if found during an onsite physical inspection of HTF-assisted rental housing? If so, what elements should be required in the written property standards?

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Question for Comment 10:
Alternatively, should HUD apply the NSPIRE standards established in accordance with this proposed rule not to include the inspection procedures, administrative processes for scoring and ranking, or the enforcement requirements of NPSIRE to housing occupied by tenants assisted receiving HOME TBRA at 92.251f? HUD could require inspection of the assisted unit;
the items and components within the primary and secondary means of egress from the units entry doors to the public way; the common features related to the residential use of the building e.g., the laundry room, community room, mail room; and, the systems equipment that directly services the unit similar to the exceptions that are included in the proposed rule for HCV and PBV. Is there another national housing quality or condition standard that HUD should apply to housing occupied by tenants assisted with HOME TBRA?
Question for Comment 11: Should HUD establish a list of minimum deficiencies that must be corrected if found during an onsite physical inspection of HOMEor HTF-assisted rental housing or housing occupied by a tenant receiving HOME TBRA at 92.251f? If so, should HUD establish separate lists for HOME and HTFassisted rental housing and housing occupied by a tenant receiving HOME
TBRA? What should HUD consider in the development of such lists of deficiencies?
Question for Comment 12: Section 5.703h of the proposed rule identifies unique standards to special types of housingsingle room occupancy SRO
housing; congregate housing; group home; shared housing; manufactured home; cooperative housing; and homeownershipbut applies this section only to the HCV, PBV, and Moderate Rehabilitation Programs.
Should any of these unique standards specifically SRO, congregate housing, shared housing, and manufactured homesapply to the CoC, ESG, and HOPWA programs?
Question for Comment 13: HUD is considering adding certain affirmative requirements at the final rule stage.
Currently under consideration are related to ground-fault circuit interrupter GFCI, an arc-fault circuit interrupter AFCI; Heating, ventilation, and air conditioning HVAC; Guardrail;
and Lighting-Interior. In alignment with HUDs prioritization of resident safety, HUD welcomes public comment on all issues, but is specifically seeking feedback regarding implementing the following:

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a. Electrical Outlet and SwitchHUD
is considering adding a deficiency under the Electrical Outlet and Switch Standard regarding an inadequate number of outlets i.e., either 2 working outlets or 1 working outlet and a permanent light within all habitable rooms due to potential safety hazards, usability barriers, and inadequate illumination.
b. GFCI & AFCIHUD is considering adding a deficiency under the GFCI &
AFCI Standard regarding the lack of GFCI protection where required e.g., within 6 feet of sinks, tubs, showers; or exterior, garage, or unfinished basement areas due to potential safety hazards, such as shock or electrocution.
c. HVACHUD is considering adding a deficiency under the HVAC Standard regarding the lack of a permanently installed heating source due to potential health safety hazards, such as fire or carbon monoxide exposure.
d. GuardrailHUD is considering adding a deficiency under the Guardrail Standard to require a guardrail when there is an elevated walking surface with a drop off of 30 inches or greater measured vertically.
e. LightingInteriorHUD is considering adding a deficiency under the LightingInterior Standard regarding the absence of a permanently mounted light fixture in the kitchen or bathroom due to potential safety hazards and inadequate illumination.
c. Section 5.705
Requirements
Inspection
The current 5.705 states that entities must inspect covered HUD housing programs annually in accordance with HUD-prescribed physical condition standards unless program regulations or HUD provide otherwise. Amended and expanded 5.705 would align inspection standards including provisions pertaining to frequency, would identify entities responsible for conducting inspections, would outline timing of inspections and reinspection fees, and would mandate access to properties. Centralizing these standards would provide greater clarity and ease of access for stakeholders and oversight authorities.
Section 5.705a1 continues to require that any entity responsible for conducting an inspection of HUD
housing determine compliance with this subpart. However, a1 would require that entities must inspect such HUD
housing in accordance with the standards and procedures set out by the Secretary and published in the Federal Register as described in 5.711, and would allow HUD to establish aligned
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