REAC Appeals and Health & Safety

 How To Clear Issues When You Plan to Appeal

One of the most common questions that we receive about REAC appeals is "My Inspection just finished and I want to appeal something, but I have to fill out the 72-hour form for Contract Administrator saying it's "fixed" - what do I do? Essentially the form that you have to complete wants clarification on when you have resolved the issue cited by the REAC inspector, and you want to say that there is nothing to fix. Hence the conundrum.

So here's how you fill out the form (an example to illustrate the point): the inspector has cited your property for an inoperable (empty) fire extinguisher, but it is tenant owned and you plan to appeal on the basis that tenant owned fire extinguishers should be cited as "Other Hazards". Instead of showing that the issue is resolved with a work order or a receipt from a contractor (as you would normally use), you can write a letter to the tenant stating that they need to remove the item, or simply issue a work order for your staff to remove the empty fire extinguisher (after discussing with the tenant, of course).

Will this affect your eventual appeal? No. The completion of the EH&S form and the review of technical or database adjustment appeals are reviewed by separate departments and stating that you have "addressed the issue" is not the same as saying that the inspector was correct or that the issue actually existed as stated.

In the example above, the fire extinguisher was addressed by disposing of the empty/discharged canister, which addresses the 72 hour EH&S concern, but it does not change the fact that the item was owned by the tenant.

How do you get the inspector to not cite something incorrectly in the first place? Stay turned for another artcle.

If you should have any questions about REAC appeals, and how you can get the best possible result out of every inspection, contract us today for a free consultation. 

LIHTC Physical Issue Correction Periods
HUD 4350.3 Change 4 and LIHTC

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