REAC & Reasonable Accommodations

Reasonable Accommodations – Missing/Disabled Appliances on REAC Inspections

Over the last few months, we have received a number of questions from clients and from attendees at our conferences and speaking engagements about "reasonable accommodations during UPCS Inspections"; most commonly the question has been related to stoves that have been removed or disabled due to a reasonable accommodation request. The question is: is there a specific rule that says "The inspector should not cite this as a deficiency if there is documentation regarding the reasonable accommodation?" The answer is "No" – there is no such rule, and any missing or disabled stove should be cited as a deficiency.

There is a rule in the Compilation Bulletin 2.1 that provides for an exception in Elderly and Disabled dwelling units to recording doors as "Missing" if the remaining hardware is the only indicator that a door was removed. But this is the only exception and it doesn't mention reasonable accommodation in exact terms, only by inference.

What Actions Should Be Taken to Reconcile REAC and Reasonable Accommodations?

  1. You can remove the item entirely and cover up the evidence that it was ever installed. For stoves, for example, you can add on some new countertop, cover over the 220 outlets, and remove the hood vent. You are not required to have a stove/range/range hood under UPCS, so the absence of a stove/range would not be an issue, so long as it 3was removed completely.
  2. You can show the inspector the documentation and there is a possibility that he'll take it into consideration and not cite the condition. If the inspector tells you he cannot review any such documentation for accuracy, then don't push the issue.
  3. Final Option – Forget it. A missing stove is typically less than a .5 per unit, so unless you have a systemic issue where this is in a number of units; the risk to your overall score is minimal at best. 
SSN Requirements HUD vs LIHTC
HOME Program Switch to UPCS

Latest Blogs

13 January 2020
REAC Inspections
Resident Involvement in REAC/NSPIRE Inspection Process​​As part of the NSPIRE pilot process, HUD has announced that additional processes will be added to engage the residents in the REAC/NSPIRE process. You can read the press release on HUD's website...
24 August 2019
REAC Inspections
On August 21, 2019, HUD published a set of proposed rules in the Federal Register "Notice of Demonstration To Assess the National Standards for the Physical Inspection of Real Estate and Associated Protocols" 24 CFR Parts 5 and 200; [Docket No. FR–6...
21 August 2019
REAC Inspections
On August 20, 2019, HUD released the first of the new NSPIRE protocols which will be expected to become active once the pilot/demonstration program has concluded. This is a first look at what deficiencies will look like under NSPIRE, the inspection ...
16 July 2019
REAC Inspections
July 8, 2019 HUD's Office of Multifamily Housing Asset Management and Oversight released a memorandum reiterating the rules surrounding notice prior to entering resident's units, availability of documentation for residents to review, and clarificati...
09 July 2019
REAC Inspections
The House Financial Services Committee passed a bill - the Safe Housing for Families Act of 2019 (H.R. 1690), and it will likely move forward to a full vote in the near future. The bill provides $300 million over three years to fund the installation...

Blog Archive