AS ALWAYS, PLEASE CHECK WITH YOUR LOCAL
HOUSING AUTHORITY FOR SPECIFIC COMPLIANCE INFORMATION
[Code
of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR982.401]
[Page
580-583]
TITLE 24--HOUSING AND URBAN DEVELOPMENT
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PART
982--SECTION 8 TENANT BASED ASSISTANCE:
HOUSING CHOICE VOUCHER PROGRAM--Table of Contents
Subpart I--Dwelling Unit: Housing Quality Standards, Subsidy Standards,
Inspection and Maintenance
Sec. 982.401 Housing quality standards (HQS).
Source: 60 FR 34695, July 3, 1995, unless otherwise noted.
(a)
Performance and acceptability requirements. (1) This section states
the housing quality standards (HQS) for housing assisted in the programs.
(2)(i) The HQS consist of:
(A) Performance requirements; and
(B) Acceptability criteria or HUD approved variations in the acceptability
criteria.
(ii) This section states performance and acceptability criteria
for these key aspects of housing quality:
(A) Sanitary facilities;
(B) Food preparation and refuse disposal;
(C) Space and security;
(D) Thermal environment;
(E) Illumination and electricity;
(F) Structure and materials;
(G) Interior air quality;
(H) Water supply;
(I) Lead-based paint;
(J) Access;
(K) Site and neighborhood;
(L) Sanitary condition; and
(M) Smoke detectors.
(3) All program housing must meet the HQS performance requirements
both at commencement of assisted occupancy, and throughout the assisted
tenancy.
(4)(i) In addition to meeting HQS performance requirements, the
housing must meet the acceptability criteria stated in this section, unless
variations are approved by HUD.
(ii) HUD may approve acceptability criteria variations for the
following purposes:
(A) Variations which apply standards in local housing codes or
other codes adopted by the PHA; or
(B)
Variations because of local climatic or geographic conditions.
(iii) Acceptability criteria variations may only be approved by
HUD
pursuant to paragraph (a)(4)(ii) of this section if such variations either:
(A) Meet or exceed the performance requirements; or
(B) Significantly expand affordable housing opportunities for families
assisted under the program.
(iv) HUD will not approve any acceptability criteria variation
if HUD believes that such variation is likely to adversely affect the
health or safety of participant families, or severely restrict housing
choice.
(b) Sanitary facilities--(1) Performance requirements. The
dwelling unit must include sanitary facilities located in the unit. The
sanitary facilities must be in proper operating condition, and adequate
for personal cleanliness and the disposal of human waste. The sanitary
facilities must be usable in privacy.
(2) Acceptability criteria. (i) The bathroom must be located
in a separate private room and have a flush toilet in proper operating
condition.
(ii) The dwelling unit must have a fixed basin in proper operating
condition, with a sink trap and hot and cold running water.
(iii) The dwelling unit must have a shower or a tub in proper operating
condition with hot and cold running water.
(iv) The facilities must utilize an approvable public or private
disposal system (including a locally approvable septic system).
(c) Food preparation and refuse disposal--(1) Performance
requirement. (i) The dwelling unit must have suitable space and
equipment to store, prepare, and serve foods in a sanitary manner.
(ii) There must be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary
storage where necessary (e.g, garbage cans).
(2) Acceptability criteria. (i) The dwelling unit must have
an oven, and a stove or range, and a refrigerator of appropriate size
for the family. All of the equipment must be in proper operating condition.
The equipment may be supplied by either the owner or the family. A microwave
oven may be substituted for a tenant-supplied oven and stove or range.
A microwave oven may be substituted for an owner-supplied oven and stove
or range if the tenant agrees and microwave ovens are furnished instead
of an oven and stove or range to both subsidized and unsubsidized tenants
in the building or premises.
(ii) The dwelling unit must have a kitchen sink in proper operating
condition, with a sink trap and hot and cold running water. The sink must
drain into an approvable public or private system.
(iii) The dwelling unit must have space for the storage, preparation,
and serving of food.
(iv) There must be facilities and services for the sanitary disposal
of food waste and refuse, including temporary storage facilities where
necessary (e.g., garbage cans).
(d) Space and security--(1) Performance requirement. The
dwelling unit must provide adequate space and security for the family.
(2) Acceptability criteria. (i) At a minimum, the dwelling
unit must have a living room, a kitchen area, and a bathroom.
(ii) The dwelling unit must have at least one bedroom or living/sleeping
room for each two persons. Children of opposite sex, other than very young
children, may not be required to occupy the same bedroom or living/sleeping
room.
(iii) Dwelling unit windows that are accessible from the outside,
such as basement, first floor, and fire escape windows, must be lockable
(such as window units with sash pins or sash locks, and combination windows
with latches). Windows that are nailed shut are acceptable only if these
windows are not needed for ventilation or as an alternate exit in case
of fire.
(iv) The exterior doors of the dwelling unit must be lockable.
Exterior doors are doors by which someone can enter or exit the dwelling
unit.
(e) Thermal environment--(1) Performance requirement. The
dwelling unit must have and be capable of maintaining a thermal environment
healthy for the human body.
(2) Acceptability criteria. (i) There must be a safe system for
heating the dwelling unit (and a safe cooling system, where present).
The system must be in proper operating condition. The system must be able
to provide adequate heat (and cooling, if applicable), either directly
or indirectly, to each room, in order to assure a healthy living environment
appropriate to the climate.
(ii) The dwelling unit must not contain unvented room heaters that
burn gas, oil, or kerosene. Electric heaters are acceptable.
(f) Illumination and electricity--(1) Performance requirement.
Each room must have adequate natural or artificial illumination to permit
normal indoor activities and to support the health and safety of occupants.
The dwelling unit must have sufficient electrical sources so occupants
can use essential electrical appliances. The electrical fixtures and wiring
must ensure safety from fire.
(2) Acceptability criteria. (i) There must be at least one
window in the living room and in each sleeping room.
(ii) The kitchen area and the bathroom must have a permanent ceiling
or wall light fixture in proper operating condition. The kitchen area
must also have at least one electrical outlet in proper operating condition.
(iii) The living room and each bedroom must have at least two electrical
outlets in proper operating condition. Permanent overhead or wall-mounted
light fixtures may count as one of the required electrical outlets.
(g) Structure and materials--(1) Performance requirement.
The dwelling unit must be structurally sound. The structure must not present
any threat to the health and safety of the occupants and must protect
the occupants from the environment.
(2) Acceptability criteria. (i) Ceilings, walls, and floors
must not have any serious defects such as severe bulging or leaning, large
holes, loose surface materials, severe buckling, missing parts, or other
serious damage.
(ii) The roof must be structurally sound and weathertight.
(iii) The exterior wall structure and surface must not have any
serious defects such as serious leaning, buckling, sagging, large holes,
or defects that may result in air infiltration or vermin infestation.
(iv) The condition and equipment of interior and exterior stairs,
halls, porches, walkways, etc., must not present a danger of tripping
and falling. For example, broken or missing steps or loose boards are
unacceptable.
(v) Elevators must be working and safe.
(h) Interior air quality--(1) Performance requirement. The
dwelling unit must be free of pollutants in the air at levels that threaten
the health of the occupants.
(2) Acceptability criteria. (i) The dwelling unit must be
free from dangerous levels of air pollution from carbon monoxide, sewer
gas, fuel gas, dust, and other harmful pollutants.
(ii) There must be adequate air circulation in the dwelling unit.
(iii) Bathroom areas must have one openable window or other adequate
exhaust ventilation.
(iv) Any room used for sleeping must have at least one window.
If the window is designed to be openable, the window must work.
(i) Water supply--(1) Performance requirement. The water
supply must be free from contamination.
(2) Acceptability criteria. The dwelling unit must be served by
an approvable public or private water supply that is sanitary and free
from contamination.
(j) Lead-based paint performance requirement. The Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing
regulations at part 35, subparts A, B, M, and R of this title apply to
units assisted under this part.
(k) Access performance requirement. The dwelling unit must be able
to be used and maintained without unauthorized use of other private properties.
The building must provide an alternate means of exit in case of fire (such
as fire stairs or egress through windows).
(l) Site and Neighborhood--(1) Performance requirement.
The site and neighborhood must be reasonably free from disturbing noises
and reverberations and other dangers to the health, safety, and general
welfare of the occupants.
(2) Acceptability criteria. The site and neighborhood may not be
subject to serious adverse environmental conditions, natural or manmade,
such as dangerous walks or steps; instability; flooding, poor drainage,
septic tank back-ups or sewage hazards; mudslides; abnormal air pollution,
smoke or dust; excessive noise, vibration or vehicular traffic; excessive
accumulations of trash; vermin or rodent infestation; or fire hazards.
(m) Sanitary condition--(1) Performance requirement. The
dwelling unit and its equipment must be in sanitary condition.
(2) Acceptability criteria. The dwelling unit and its equipment
must be free of vermin and rodent infestation.
(n) Smoke detectors performance requirement--(1) Except
as provided in paragraph (n)(2) of this section, each dwelling unit must
have at least one battery-operated or hard-wired smoke detector, in proper
operating condition, on each level of the dwelling unit, including basements
but excepting crawl spaces and unfinished attics. Smoke detectors must
be installed in accordance with and meet the requirements of the National
Fire Protection Association Standard (NFPA) 74 (or its successor standards).
If the dwelling unit is occupied by any hearing-impaired person, - smoke
detectors must have an alarm system, designed for hearing-impaired persons
as specified in NFPA 74 (or successor standards).
(2) For units assisted prior to April 24, 1993, owners who installed
battery-operated or hard-wired smoke detectors prior to April 24, 1993
in compliance with HUD's smoke detector requirements, including the regulations
published on July 30, 1992, (57 FR 33846), will not be required subsequently
to comply with any additional requirements mandated by NFPA 74 (i.e.,
the owner would not be required to install a smoke detector in a basement
not used for living purposes, nor would the owner be required to change
the location of the smoke detectors that have already been installed on
the other floors of the unit).
[60
FR 34695, July 3, 1995, as amended at 61 FR 27163, May 30, 1996; 63
FR 23861, Apr. 30, 1998; 64 FR 26646, May 14, 1999; 64 FR 49658, Sept.
14, 1999; 64 FR 50230, Sept. 15, 1999]