HUD regulations (CFR 982.404[a] {1} through {4}) require owners to maintain their Section 8 units in accordance with Housing Quality Standards (HQS). The regulations state housing agencies must take "prompt and vigorous action" to enforce owner obligations. Housing agencies are prohibited from making payments for a dwelling that fails to meet HQS, unless the owner corrects the defect(s) within the period specified by the housing agency. If the defect is life threatening, the owner must correct the defect with 24 hours. For other defects, the owner must correct with 30 days (or any approved extension).
The prohibition against payments includes the suspension or abatement of assistance payments. Generally, RACB abates payments when a second inspection finds cited defects still not corrected. Once RACB abates, it is expected that the landlord will call and tell us when repairs are made. If 30 days pass and we do not hear from the landlord, the Housing Assistance Payments Contract is terminated.
The owner is generally not responsible for HQS violations caused by tenant family. The inspection process will determine responsibility for repairs.
Once abated, the payments are lost; they are not "made up" when/if the unit passes an inspection. When a unit has been in abatement and does meet HQS, payments are made effective from that day forward.
To prevent the loss of rent, landlords should make every effort to correct violations before the second inspection. If a unit does go into abatement, landlords should make the corrections or repairs and call us. We will not schedule an inspection if the unit is in abatement. We will terminate the contract if 30 days pass without being informed the corrections have been made.
