FHEO requirements?
Posted: Wed Nov 25, 2020 9:24 am
Someone asked by email: "FHEO's when inspecting them is it just if they are up to standard or is it if they are required as well, or are they always required for REAC inspections?"
It is a very common mistake that we think of this UPCS as a set of “requirements,” when it is NOT. It’s a set of criteria that an inspector cites as deficiencies during an inspection – it’s not a set of requirements for the property to follow. For the REAC inspection, those very limited FHEO defects are cited whether a building is required to be ADA/504/FHEO/UFAS compliant or not. The property does not lose any points when these are cited and HUD does not require the property to correct anything.
It's as if HUD is saying, “your building is not compliant” and you are saying “I know it isn’t compliant because it is not required to be compliant” and HUD says “yeah, but your building isn’t compliant” and then you say “I know it is compliant because it isn’t required to be” and then HUD says, “Yeah, but it isn’t compliant.” Doesn’t make much sense, eh? HUD spelled backwards… think it over.
That said - it's important that YOU know your specific ADA/FHEO requirements and comply with them. It's just not very important to the REAC inspection- but it's very important in terms of fulfilling your legal obligations to your residents. It will certainly come up during an MOR or a Section 8 contract review some day.