Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Proposed Rules authorized under existing statutes, regulations, contracts or other documents, to protect HUDs financial interests in HUD housing properties and to protect the residents of these properties.
5.713

Secondand Third-Party Rights.

Nothing in this subpart is intended to create any right of the family residing in HUD Housing or any party, other than HUD or a Public Housing Authority, to require enforcement of the standards required by this subpart or to assert any claim against HUD or the Public Housing Authority for damages, injunction, or other relief for alleged failure to enforce the standards.
PART 92HOME INVESTMENT
PARTNERSHIPS PROGRAM
3. The authority for 24 CFR part 92
continues to read as follows:

Authority: 42 U.S.C. 3535d, 12 U.S.C.
1701x and 4568.
92.2

Amended
4. Amend 92.2 by removing the definition of Uniform Physical Condition Standards.
5. In 92.209, revise paragraph i to read as follows:

92.209 Tenant-based rental assistance:
Eligible costs and requirements.

i Housing quality standards.
Housing occupied by a family receiving tenant-based assistance under this section must meet the participating jurisdictions property standards under 92.251. The participating jurisdiction must inspect the housing initially and re-inspect it annually.

6. Revise 92.251 by:
a. Revising paragraphs b1viii and c3;
b. Removing and reserving paragraph d; and c. Revising paragraph f1
introductory text, and paragraph f1i.
The revisions read as follows:
92.251

Property standards.

b
1
viii HUD housing standards. The standards of the participating jurisdiction must be such that, upon completion, the HOME-assisted project and units will be decent, safe, sanitary, as referenced in 24 CFR 5.703. The requirements of 24 CFR 5.7055.713 do not apply. At minimum, the specific deficiencies proscribed by HUD and published in the Federal Register must
VerDate Sep<11>2014

17:44 Jan 12, 2021

Jkt 253001

be corrected under the participating jurisdictions rehabilitation standards.
HUD will establish the minimum deficiencies based on the applicable standards for the condition of HUD
housing set out by the Secretary and published in the Federal Register pursuant to 24 CFR 5.705.

c
3 Existing housing that is acquired for homeownership e.g., downpayment assistance must be decent, safe, sanitary, and in good repair as referenced in 24 CFR 5.703. The participating jurisdiction must establish standards to determine that the housing is decent, safe, sanitary, and in good repair. At minimum, the standards must provide that the housing meets all applicable State and local housing quality standards and code requirements and the housing does not contain the specific deficiencies proscribed by HUD and published in the Federal Register. HUD will establish the minimum deficiencies based on the applicable standards for the condition of HUD housing National Standards for the Physical Inspection of Real Estate NSPIRE set out by the Secretary and published in the Federal Register pursuant to 24 CFR 5.705. The participating jurisdiction must inspect the housing and document this compliance based upon an inspection that is conducted no earlier than 90
days before the commitment of HOME
assistance. If the housing does not meet these standards, the housing must be rehabilitated to meet the standards of this paragraph c3 or it cannot be acquired with HOME funds.

f Ongoing property condition standards: Rental housing and housing occupied by tenants receiving HOME
tenant-based rental assistance1
Ongoing property standards. The participating jurisdiction must establish property standards for rental housing including manufactured housing that apply throughout the affordability period and for housing occupied by tenants receiving HOME tenant-based rental assistance. The standards must ensure that owners maintain the housing as decent, safe, and sanitary housing in good repair. The participating jurisdictions description of its property standards must be in sufficient detail to establish the basis for a uniform inspection of HOME rental projects and housing occupied by tenants receiving HOME tenant-based rental assistance. The participating jurisdictions ongoing property
PO 00000

Frm 00018

Fmt 4702

Sfmt 4702

2599

standards must address each of the following:
i Compliance with State and local codes, ordinances, and requirements.
The participating jurisdictions standards must require the housing to meet all applicable State and local code requirements and ordinances. In the absence of existing applicable State or local code requirements and ordinances, at a minimum, the participating jurisdictions ongoing property standards must provide that the property does not contain the specific minimum deficiencies proscribed by HUD and published in the Federal Register for rental housing including manufactured housing and housing occupied by tenants receiving HOME
tenant-based rental assistance. HUD will establish the minimum deficiencies based on the applicable standards for the condition of HUD housing set out by the Secretary and published in the Federal Register pursuant to 24 CFR
5.705. The participating jurisdictions property standards are not required to use any inspection procedures, including scoring, item weight, or level of criticality required in 24 CFR 5.705
5.713.

7. In 92.504, revise paragraph d1iii to read as follows:
92.504 Participating jurisdiction responsibilities; written agreements; on-site inspections.

d
1
iii Annual inspections. Tenantbased rental assistance TBRA. All housing occupied by tenants receiving HOME tenant-based rental assistance must meet the property standards of 92.251. The participating jurisdiction must perform annual on-site inspections of rental housing occupied by tenants receiving HOME-assisted TBRA to determine compliance with these standards.

PART 93HOUSING TRUST FUND
8. The authority for 24 CFR part 93
continues to read as follows:

Authority: 42 U.S.C. 3535d, 12 U.S.C.
4568.

9. In 93.301, revise paragraphs b1viii, c3, and e1i to read as follows:

93.301

Property standards.

b
1

E:FRFM13JAP1.SGM

13JAP1