HUD NSPIRE Standards Include “Affirmative” Requirements

HUD’s new housing inspection process provides a single inspection standard for all units under the Public Housing, Housing Choice Voucher, Multifamily, and Community Planning & Development (CPD) housing programs. The National Standards for the Physical Inspection of Real Estate (NSPIRE) replaces Housing Quality Standards (HQS) that were created in the 1970s and the Uniform Physical Condition Standards (UPCS) that were developed in the 1990s.

Over the years, it became clear that the older standards provided inaccurate and inconsistent results. These prior standards placed a disproportionate emphasis on physical inspections around the appearance of items that were actually safe and functional, while a lack of attention was given to the health and safety of the properties. As a result, NSPIRE emphasizes habitability and the residential use of structures, and most importantly, the health and safety of residents.

Inspectable areas under NSPIRE are the apartments themselves, elements of the building’s non-residential interiors, and the outside of buildings. The goal is to ensure that the elements of these three areas are “functionally adequate, operable, and free of health and safety hazards” [24 CFR §5.703(a)].

As part of the NSPIRE standard, HUD has developed “affirmative requirements” for all units that participate in HUD’s rental assistance programs. And, because the physical inspection process for the Low-Income Housing Tax Credit Program (LIHTC) is required to follow HUD inspection standards, these affirmative requirements also apply to LIHTC properties. These include basic requirements for habitability such as kitchens and flushable toilets as well as important safety concerns like Ground Fault Circuit Interrupter (GFCI) Outlets, a permanent heating source, and safe drinking water.

Here are the affirmative requirements for each area:

Units (A dwelling unit refers to the interior components of a household’s home).

1. Bathtub or shower must be usable in privacy.
2. There must be food storage space.
3. CO alarms in proper locations are required.
4. Must be a primary cooking appliance.
5. Any outlet within six feet of a water source must be protected.
6. Must have a food preparation area.
7. Guardrails must be present in required areas.
8. The inspection date is on or between October 1 and March 31 and the permanently installed heating source is not working or is working but the interior temperature is below 68 degrees.
9. The inspection date is on or between April 1 and September 30 and a permanently installed heating source is damaged, inoperable, missing or not installed.
10. There is an unvented space heater that burns gas, oil, or kerosene.
11. There must be at least one (1) permanently installed light fixture in the kitchen and bathroom.
12. There must be at least two working outlets in each habitable room OR at least one working outlet and one (1) permanently installed light fixture.
13. There must be a refrigerator.
14. Hot and cold water must run from sinks.
15. There must be a sink in the primary kitchen.
16. Smoke alarms must be installed where required.
17. Toilets must be usable in private.

Inside (These areas refer to the common areas and building systems generally found within a residential building’s interior that are not inside a unit).

1. CO alarms in proper locations are required.
2. Any outlet within six feet of a water source must be protected.
3. Guardrails must be present in required areas.
4. There is an unvented space heater that burns gas, oil, or kerosene.
5. The inspection date is on or between October 1 and March 31 and the permanently installed heating source is not working.
6. There must be at least one (1) permanently installed light fixture in the kitchen and bathroom.
7. Smoke alarms must be installed where required.

Outside (Outside areas refer to a building site, building exterior components, and any building systems located outside of a building or unit. These include items and places such as mailboxes, walkways, lighting, roads, parking lots, play areas and equipment, and non-dwelling buildings. Components on the exterior of a building are also considered outside areas, such as doors, fire escapes, lighting, roofs, walls, windows, foundations, and attached porches).

1. Any outlet within six feet of a water source must be GFCI protected.
2. Guardrails must be present in required areas.

Bottom Line – owners and managers of properties subject to NSPIRE must ensure that all the noted affirmative requirements are in place prior to the first inspection using the NSPIRE standards.