[Federal Register Volume 90, Number 148 (Tuesday, August 5, 2025)]
[Notices]
[Pages 37546-37551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14743]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6469-N-01]
National Standards for the Physical Inspection of Real Estate,
Carbon Monoxide Detection Requirements, and Smoke Alarm Requirements:
Implementation Guidance and Inspection Standards for the Housing
Opportunities for Persons With AIDS Program
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, U.S. Department of Housing and Urban Development (HUD).
ACTION: Notice.
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SUMMARY: This notice serves as a complementary document to the Economic
Growth Regulatory Relief and Consumer Protection Act: Implementation of
National Standards for the Physical Inspection of Real Estate (NSPIRE)
rule published May 11, 2023. The NSPIRE rule provided that HUD's Office
of Community Planning and Development (CPD) would publish an additional
notice on the NSPIRE Standards for the Housing Opportunities for
Persons With AIDS (HOPWA) program. HUD is providing implementation
guidance on NSPIRE physical inspection standards for the HOPWA program
to accompany the NSPIRE rule through this notice. This notice provides
guidance to HOPWA grantees on how to inspect HOPWA-assisted units for
compliance with the NSPIRE rule, and how to ensure corrections are
made, if needed. This notice also provides guidance on statutory
requirements that require grantees to ensure each dwelling unit
assisted under the HOPWA program contains installed qualifying carbon
monoxide (CO) alarms or detectors and smoke alarms.
DATES: HUD's NSPIRE final rule for CPD programs was effective October
1, 2023. In accordance with HUD's Federal Register notice published at
89 FR 55645, the compliance date was extended until October 1, 2025;
however, this notice further extends the compliance date for HOPWA
grantees to comply with the HOPWA NSPIRE standards elaborated in this
notice until February 2, 2026. HOPWA grantees do not need to wait until
the compliance date to update their policies and procedures and begin
inspecting units in accordance with these standards. HOPWA grantees
were expected to be in compliance with statutory requirements at 42
U.S.C. 12905(i) and (j) as of December 27, 2022, and December 29, 2024,
respectively.
FOR FURTHER INFORMATION CONTACT: Amy Shivickas, Deputy Director, Room
7248, Department of Housing and Urban Development, 451 Seventh Street
SW, Washington, DC 20410-7000; telephone (202) 402-2420. (This is not a
toll-free number). HUD welcomes and is prepared to receive calls from
individuals who are deaf or hard of hearing, as well as individuals
with speech or communication disabilities. To learn more about how to
make an accessible telephone call, please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
SUPPLEMENTARY INFORMATION:
I. Purpose
This notice serves as a complementary document to the NSPIRE rule
(88 FR 30442). The NSPIRE rule establishes a new approach to defining
and assessing housing quality. The NSPIRE rule is part of a broad
revision of the way HUD-assisted housing is inspected and evaluated.
The purpose of NSPIRE is to strengthen HUD's physical condition
standards and improve HUD oversight through the alignment and
consolidation of the inspection regulations used to evaluate HUD
housing across multiple programs.
In the preamble to the NSPIRE rule, HUD explained that CPD would
issue separate notices for the individual CPD programs, including the
HOPWA program. The purpose of this notice is to provide the primary
implementation guidance for HOPWA. To the extent CPD determined it
would be practicable for the HOPWA program, this notice is designed to
align with the implementation guidance and inspection standards HUD
published in the NSPIRE Standards notice, the NSPIRE Scoring notice,
and the NSPIRE Administrative notice for the Public Housing and Section
8 programs. Other than as stated in this notice, however, those
``Subordinate Notices'' are not applicable to the HOPWA program.
This notice rescinds notice CPD-22-15, Carbon Monoxide Alarms or
Detectors in Housing Opportunities for Persons With AIDS (HOPWA)-
Assisted Housing, and provides implementation guidance for carbon
monoxide (CO) alarms or detectors HOPWA-assisted housing. The guidance
provided in notice CPD-22-15 that remains applicable is incorporated
into this notice. For housing activities subject to the HOPWA Housing
Quality Standards (HQS) at 24 CFR 574.310(b), this notice provides
updated guidance for
[[Page 37547]]
implementation of CO detection requirements.
This notice also alerts grantees to a related and important new
statutory requirement for smoke alarms under the HOPWA program. Under
the new statutory requirement, grantees are responsible for ensuring
each dwelling unit assisted under the HOPWA program contains qualifying
smoke alarms installed in accordance with applicable codes and
standards published by the International Code Council or the National
Fire Protection Association and the requirements of the National Fire
Protection Association Standard 72, or any successor standard, in each
level and in or near each sleeping area in such dwelling unit,
including in basements but excepting crawl spaces and unfinished
attics, and in each common area in a project containing such a dwelling
unit. For housing activities subject to the HOPWA Housing Quality
Standards (HQS) at 24 CFR 574.310(b), this notice provides guidance for
implementation of smoke alarm requirements.
II. The HOPWA NSPIRE Standards
The NSPIRE standards applicable to the HOPWA program (the ``HOPWA
NSPIRE Standards'') for this notice are available in the docket for
this notice at www.regulations.gov.
III. NSPIRE Applicability to the HOPWA Program
The NSPIRE rule updated the HOPWA regulations at 24 CFR 574.310 to
require all housing assisted with acquisition, rehabilitation,
conversion, lease, and repair of facilities to provide housing and
services (24 CFR 574.300(b)(3)); new construction (24 CFR
574.300(b)(4)); project or tenant-based rental assistance (24 CFR
574.300(b)(5)); and operating costs (24 CFR 574.300(b)(8)) to generally
meet the standards for HUD housing in 24 CFR 5.703. NSPIRE requirements
at 24 CFR 5.705 through 5.713 do not apply to the HOPWA program.
IV. Effective and Extended Compliance Date
The regulatory changes made under the NSPIRE rule took effect on
October 1, 2023. However, as provided by HUD's notice ``Economic Growth
Regulatory Relief and Consumer Protection Act: Implementation of
National Standards for the Physical Inspection of Real Estate (NSPIRE);
Extension of Compliance Date for HCV, PBV and Section 8 Moderate Rehab
and CPD Programs'' (89 FR 55645), grantees may continue using HOPWA
housing quality standards, as previously defined in 24 CFR 574.310
until October 1, 2025. Grantees are encouraged to implement HOPWA
NSPIRE standards as soon as feasible but must comply with HOPWA NSPIRE
standards no later than October 1, 2025. If a grantee implements the
NSPIRE rule and the HOPWA NSPIRE standards before October 1, 2025, the
grantee must document the chosen compliance date in program records.
However, the following exceptions apply:
1. As of December 27, 2022, all units assisted under the HOPWA
program (including units occupied by families receiving short-term
rent, mortgage, and utility (STRMU) and permanent housing placement
(PHP) assistance) must meet the applicable carbon monoxide (CO)
detection standards as explained in this notice. On December 8, 2022,
HUD published notice CPD-22-15, Carbon Monoxide Alarms or Detectors in
Housing Opportunities for Persons With AIDS (HOPWA)-Assisted Housing,
that addresses CO poisoning risks in housing, identifies resources for
preventing and detecting CO exposure, and alerted grantees to the new
statutory CO detection requirement under the HOPWA program. This notice
rescinds notice CPD-22-15 and updates CO detection requirements for the
HOPWA program. On June 22, 2023, HUD established CO detection standards
for units and inside area in the NSPIRE inspection standards notice (88
FR 40832). Those CO detection standards took the place of the standards
provided under chapters 9 and 11 of the 2018 International Fire Code
for purposes of all units assisted under the HOPWA program (including
units occupied by families receiving STRMU and PHP assistance). To make
things easier for HOPWA grantees, the HOPWA NSPIRE standards HUD is
providing under this notice for CO detection reflect the same CO
detection standards HUD provided for units and inside area under the
NSPIRE inspection standards notice (88 FR 40832).
2. As of December 29, 2024, all units assisted under the HOPWA
program (including units occupied by families receiving STRMU and PHP
assistance) must also meet the applicable smoke alarm standards
required by Public Law 117--328 (2022). To make things easier for HOPWA
grantees, the HOPWA NSPIRE standards HUD is providing under this notice
for smoke detection reflect the same smoke alarm standards HUD provided
for units and inside area under the NSPIRE inspection standards notice
(88 FR 40832).
3. A housing unit that continues to meet the HOPWA housing quality
standards that applied when the eligible person(s) moved into that
housing unit shall not be required to meet new or different standards
under 24 CFR 5.703. However, if any new eligible person(s) move into
the housing during the period the grantee must comply or elects to
comply with the HOPWA NSPIRE standards, the housing will be required to
meet the HOPWA NSPIRE standards described in this notice.
V. HOPWA NSPIRE Standards
This section provides further guidance on the requirements in 24
CFR 5.703 as it applies to the HOPWA program. The section lays out the
affirmative requirements in 24 CFR 5.703, discusses the health and
safety categories utilized in the regulations at 24 CFR 574.310,
reminds HOPWA grantees of the obligation to follow lead-based paint
requirements, and clarifies the obligation to follow state and local
codes.
A. Affirmative Requirements
Affirmative requirements are the basic requirements that must be
met for HOPWA housing assistance to be provided. The NSPIRE rule
provides the minimum, or affirmative, habitability requirements for
each inspectable area (inside, outside, unit) at 24 CFR 5.703(b)
through (d). The HOPWA NSPIRE Standards further clarify these
affirmative requirements. Affirmative requirements are designated as
pass or fail during an inspection and will also have specific
deficiencies, as contained in the HOPWA NSPIRE Standards. Housing that
does not meet or continue to meet the affirmative requirements for each
inspectable area would not pass an inspection and therefore would not
be eligible for occupancy with HOPWA assistance. If possible, HOPWA
grantees and project sponsors should work with the landlord or
homeowner to correct any deficiencies during the inspection to
facilitate move-in or continued occupancy of the unit. The affirmative
requirements for each inspectable area applicable to the HOPWA program
under 24 CFR 5.703 are as follows:
Inside (24 CFR 5.703(b))
1. The inside area must include at least one battery-operated or
hard-wired smoke detector, in proper working condition, on each level
of the property. The final NSPIRE standards for smoke alarms are
included in the HOPWA NSPIRE Standards in Table 48.
2. The inside area must meet the carbon monoxide detection
standards in the HOPWA NSPIRE Standards in Table 4 of the attached
HOPWA NSPIRE standards.
[[Page 37548]]
3. For the inside area, any outlet installed within 6 feet of a
water source must be ground-fault circuit interrupter (GFCI) protected.
Further explanation of this affirmative requirement can be found at
Table 15 of the HOPWA NSPIRE Standards.
4. The inside area must have a guardrail when there is an elevated
walking surface with a drop off of 30 inches or greater measured
vertically. Further explanation of this affirmative requirement can be
found at Table 28 of the HOPWA NSPIRE Standards.
5. The inside area must have permanently mounted light fixtures in
any kitchens and each bathroom. Further explanation of this affirmative
requirement can be found at Table 37 of the HOPWA NSPIRE Standards.
6. The inside area may not contain unvented space heaters that burn
gas, oil, or kerosene. Further explanation of this affirmative
requirement can be found at Table 30 of the HOPWA NSPIRE Standards.
Outside (24 CFR 5.703(c))
1. For the outside area, outlets within 6 feet of a water source
must be GFCI protected. Further explanation of this affirmative
requirement can be found at Table 15 of the HOPWA NSPIRE Standards.
2. The outside area must have a guardrail when there is an elevated
walking surface with a drop off of 30 inches or greater measured
vertically. Further explanation of this affirmative requirement can be
found at Table 28 of the HOPWA NSPIRE Standards.
Unit (24 CFR 5.703(d))
1. The unit must have hot and cold running water in both the
bathroom and kitchen, including an adequate source of safe drinking
water in the bathroom and kitchen. Further explanation of this
affirmative requirement can be found at Table 47 of the HOPWA NSPIRE
Standards.
2. The unit must include its own bathroom or sanitary facility that
is in proper operating condition and usable in privacy. It must contain
a sink, a bathtub or shower, and an interior flushable toilet. Further
explanation of this affirmative requirement can be found at Table 1,
Table 47, and Table 52 of the HOPWA NSPIRE Standards.
3. The unit must meet the below standards and follow the
specifications of National Fire Protection Association (NFPA) 72 to
satisfy the affirmative requirements for smoke alarms.
a. The unit must include at least one battery-operated or hard-
wired smoke alarm, in proper working condition, in the following
locations:
i. On each level of the unit.
ii. Inside each bedroom.
iii. Within 21 feet of any door to a bedroom measured along a path
of travel.
iv. Where a smoke detector installed outside a bedroom is separated
from an adjacent living area by a door, a smoke detector must also be
installed on the living area side of the door.
b. If the unit is occupied by any hearing-impaired person, the
smoke detectors must have an alarm system designed for hearing-impaired
persons.
c. Additional affirmative requirement standards for smoke detectors
have been set in the NSPIRE Standards notice. The same standards are
included in the HOPWA NSPIRE Standards in Table 48.
4. The unit must have a living room and kitchen area with a sink,
cooking appliance, refrigerator, food preparation area, and food
storage area. Further explanation of this affirmative requirement can
be found at Table 2, Table 8, Table 24, Table 43, and Table 47 of the
HOPWA NSPIRE Standards.
5. The unit must meet the carbon monoxide detection standards in
the HOPWA NSPIRE Standards in Table 4.
6. The unit must have two working outlets or one working outlet and
a permanent light fixture within all habitable rooms. Further
explanation of this affirmative requirement can be found at Table 38 of
the HOPWA NSPIRE Standards.
7. Outlets within 6 feet of a water source must be GFCI protected.
Further explanation of this affirmative requirement can be found at
Table 15 of the HOPWA NSPIRE Standards.
8. For climate zones designated by the Secretary through notice,
the unit must have a permanently installed heating source. No units may
contain unvented space heaters that burn gas, oil, or kerosene. The
HOPWA NSPIRE Standards adopt the requirements in the NSPIRE Standards
notice where HUD requires permanent heating sources in all locales
except for Hawaii, Puerto Rico, Guam, U.S. Virgin Islands, American
Samoa, and the Commonwealth of Northern Mariana Islands; this follows
the International Energy Conservation Code (IECC). Those localities
where permanent heating sources will not be required are Tropical (per
IECA designation). Further explanation of this affirmative requirement
can be found at Table 30 of the HOPWA NSPIRE Standards.
9. The unit must have a guardrail when there is an elevated walking
surface with a drop off of at least 30 inches or greater measured
vertically. Further explanation of this affirmative requirement can be
found at Table 28 of the HOPWA NSPIRE Standards.
10. The unit must have a permanently mounted lighting fixture in
the kitchen and each bathroom. Further explanation of this affirmative
requirement can be found at Table 37 of the HOPWA NSPIRE Standards.
B. Health and Safety Concerns
In accordance with 24 CFR 5.703(e), the inside, outside, and unit
must be free of health and safety hazards that pose a danger to
residents. HOPWA grantees and project sponsors must inspect housing for
health and safety deficiencies through the HOPWA NSPIRE Standards.
The HOPWA NSPIRE Standards incorporate the following Health and
Safety categories as provided through the NSPIRE Standards notice:
Life-threatening, Severe, Moderate, and Low. These health and safety
categories help establish correction timelines for each deficiency.
Life-threatening deficiencies must be corrected within 24 hours after
notice has been provided to the landlord or owner. Severe deficiencies
must be corrected within 30 days or the approved extension after notice
has been provided to the landlord or owner. Moderate deficiencies must
be corrected within 30 days or the approved extension after notice has
been provided to the landlord or owner. Low deficiencies, even if
present will not result in a fail. Low deficiencies should be corrected
within 60 days or a correction timeframe determined by grantee policies
and procedures after notice has been provided to the landlord or owner.
All grantees must establish policies and procedures for housing
inspections to ensure compliance with the requirements outlined in this
notice. Grantees should consider local housing codes when establishing
a correction timeframe in policies and procedures. HOPWA grantees may
choose to shorten the established correction timelines for a
deficiency. However, grantees should not allow longer correction
timelines than established in the HOPWA NSPIRE standards without
documented justification and policies and procedures that support
longer correction timelines. Longer correction timelines are only
permissible with documented justification for Severe, Moderate, and Low
deficiencies. Under no circumstance should a HOPWA-assisted household
remain in a unit with an identified life-threatening deficiency that
has not been corrected within 24 hours of notification.
If a Life-Threatening, Severe, or Moderate deficiency is not
corrected
[[Page 37549]]
within the timeframe provided to the landlord or owner, this would be
considered a failed inspection and the HOPWA grantee or project sponsor
should take action in accordance with the rental assistance payment
agreement, which can include withholding or abatement of assistance
payments, terminations, or relocations. HOPWA grantees and project
sponsors may use the housing information services budget line item to
assist the household in locating a new unit and the permanent housing
placement budget line item for security deposits or other move-in fees.
HOPWA grantees should ensure policies and procedures are updated for
circumstances where a unit does not pass inspection.
C. Lead-Based Paint
In accordance with 24 CFR 5.703(e)(2) and 24 CFR 574.635, HOPWA
grantees and project sponsors shall continue to comply with the
requirements and timelines in 24 CFR part 35. The NSPIRE rule did not
alter any of the lead-based paint requirements in part 35 for the HOPWA
program.
D. Compliance With State and Local Codes
In accordance with 24 CFR 5.703(f), the NSPIRE standards for the
condition of HUD housing do not supersede State and local codes (such
as fire, mechanical, plumbing, carbon monoxide, property maintenance,
or residential code requirements). As provided in 24 CFR 574.310(b)(1),
all HOPWA-assisted units must also comply with State or local housing
codes to pass an inspection. During the inspection of HOPWA-assisted
units, HOPWA grantees must verify that the housing complies with all
applicable State and local housing codes, licensing requirements, and
any other applicable state or local requirements regarding the
condition of the structure and the operation of the housing.
VI. Clarification on Standards for Single Room Occupancy Dwellings
A Single Room Occupancy (SRO) is an eligible type of HOPWA housing
subject to the NSPIRE rule and the housing quality standards at 24 CFR
574.310(b). SRO means a single-room dwelling unit that provides private
living and sleeping space for the exclusive use of the occupant, but
that contains no sanitary facilities or food preparation facilities, or
contains either, but not both, types of facilities. An SRO unit may not
be occupied by more than one individual.
SROs assisted with acquisition, rehabilitation, conversion, lease,
and repair of facilities to provide housing and services (24 CFR
574.300(b)(3)); new construction (24 CFR 574.300(b)(4)); project or
tenant-based rental assistance (24 CFR 574.300(b)(5)); or operating
costs (24 CFR 574.300(b)(8)) are only required to comply with 24 CFR
5.703(d), which outlines affirmative requirements for the unit, to the
extent that those components exist within the unit.
For example, in cases where there are no sanitary facilities or
food preparation facilities, SRO units are not required to comply with
24 CFR 5.703(d)(1) which requires that the unit must have hot and cold
running water in both the bathroom and kitchen, including an adequate
source of safe drinking water in the bathroom and kitchen, nor does the
requirement at 24 CFR 5.703(d)(4) that the unit contain a kitchen area
with a sink, cooking appliance, refrigerator, food preparation area,
and food storage area apply. In addition, the same exception applies to
24 CFR 5.703(d)(2) which requires the unit to include its own bathroom
or sanitary facility--containing a sink, a bathtub or shower, and an
interior flushable toilet--that is in proper operating condition and
usable in privacy. However, if the SRO unit has sanitary facilities
and/or a kitchen, the HOPWA NSPIRE standards apply to those components.
VII. Variation Allowability
HOPWA grantees have the option to propose a housing variation and
receive HUD approval for housing that is unable to meet the affirmative
requirements in 24 CFR 5.703 and/or the HOPWA NSPIRE standards.
Variations must be approved by HUD before HOPWA assistance can be
provided to a housing unit covered by a proposed variation. Grantees
must maintain a record of the approved variation and document when the
approved variation is used in client files.
To apply for a variation, grantees must send an email with the
below justification to the Community Planning and Development Director
of the HUD Field Office serving the grantee. Proposed variations must
be submitted with the following justification:
The grantee must include the requestor's name, title, and
contact information.
The grantee must provide written justification why a
variation to the affirmative requirements in 24 CFR 5.703 and/or the
HOPWA NSPIRE standards is required to provide HOPWA housing assistance
and how the variation will continue to make available housing that is
functionally adequate, operable, and free of health and safety hazards.
The grantee must identify the specific units covered by
the variation. This should include the number of housing units,
household size the unit is able to support, and type of housing. Types
of housing could include shared housing, manufactured housing, or a
community residence. The address of the unit should not be included in
the request.
The grantee must submit policies and procedures
documenting the housing variation and the housing inspection standards
to be used for the proposed variation.
VIII. Inspection Process
The inspection process for both initial and recurring annual
inspections should follow the same basic process to ensure that all
HOPWA-assisted households live in safe, habitable dwellings. The party
responsible for the inspection (grantee, project sponsor, contracted
third party vendor) will complete thorough inspections of the
inspectable areas defined at 24 CFR 5.703(b) through (d) and 24 CFR
574.310(b)(2)(i) to include items and components located inside the
building, outside the building, and within the unit. The responsible
party will ensure that the inspectable areas meet all affirmative
requirements in accordance with 24 CFR 5.703 and Section V.A.
``Affirmative Requirements'' of this notice. If a unit does not meet
all affirmative requirements, then the unit is not eligible for HOPWA
housing assistance.
The responsible party will also be required to ensure that there
are no deficiencies in the inspectable areas beyond the affirmative
requirements. In each inspectable area, the responsible party is
required to inspect for all deficiencies listed in the HOPWA NSPIRE
standards. If deficiencies are cited during an inspection, then the
responsible party must provide notification to the landlord or
homeowner of the deficiency and the correction timeframe to address the
deficiency for the unit to begin or continue receiving HOPWA housing
assistance. The potential deficiencies and the correction timeframes to
address them can be found in the HOPWA NSPIRE standards. The HOPWA
NSPIRE standards include both deficiencies and affirmative requirements
and should be used as a guide when conducting any HOPWA unit
inspection.
For a unit to pass an inspection and be eligible to receive HOPWA
funding, all affirmative requirements must be met
[[Page 37550]]
and any cited deficiencies (life-threatening, severe, or moderate) must
be corrected within the correction timeframe or the approved extension.
HOPWA assistance must not be provided to a new unit that does not meet
the affirmative requirements or has an identified life-threatening
deficiency prior to a family moving into the unit. If deficiencies are
identified in the initial inspection, it may cause the unit to
temporarily fail the inspection while the deficiencies are addressed.
Deficiencies that are not corrected within the correction timeframe or
approved extension would be cause for a unit to fail the inspection and
no longer be eligible to continue receiving HOPWA funding. HOPWA
funding can continue to be provided to occupied HOPWA-assisted units
during a correction timeframe or approved extension while a deficiency
or affirmative requirement is being addressed. For units that are not
currently occupied and being inspected prior to assistance, HOPWA
grantees and project sponsors should establish policies and procedures
on when HOPWA funding can begin assisting a unit that is correcting a
deficiency within the correction timeline or approved extension.
Grantees and project sponsors are allowed to utilize virtual
inspections to meet HOPWA NSPIRE inspection requirements. Remote or
virtual inspections by proxy are allowed; however, staff must be
trained on how to conduct HOPWA NSPIRE inspections virtually. HOPWA
NSPIRE inspections may be conducted on behalf of a grantee or project
sponsor by a proxy using video streaming technology; in these cases,
there must be a written agreement kept on file by the grantee and
project sponsor. The proxy can be the landlord, property
representative, tenant, or any adult associated with the eventual
tenancy of the unit. The grantee must ensure there are written policies
and procedures established for virtual inspections and staff are
properly trained prior to virtual inspections occurring.
IX. Frequency of Inspections
All housing assisted with acquisition, rehabilitation, conversion,
lease, and repair of facilities to provide housing and services (24 CFR
574.300(b)(3)); new construction (24 CFR 574.300(b)(4)); project or
tenant-based rental assistance (24 CFR 574.300(b)(5)); and operating
costs (24 CFR 574.300(b)(8)) must be inspected prior to a household
moving in and HOPWA funds being used. The grantee must also establish
policies and procedures that provide reasonable assurance that each
housing unit continues to meet the HOPWA NSPIRE standards throughout
the period for which the grantee expends HOPWA funds with respect to
that unit. Accordingly, HUD recommends that grantees and project
sponsors conduct inspections on an annual basis.
X. Paying for Inspections
HOPWA grantees and project sponsors are encouraged to review their
current HOPWA housing assistance program budget to ensure there is
funding available for training, learning opportunities, and potential
additional staffing to prepare for and conduct HOPWA NSPIRE
inspections. HOPWA grantees and project sponsors may bill staff time
and costs associated with preparing for, scheduling, collecting,
completing, and following up with landlords and assisted households
about inspections from the HOPWA housing assistance budget line for the
type of housing assistance being provided. HOPWA grantees and project
sponsors may also bill staff time for training and preparation to
ensure staff are able to implement the new HOPWA NSPIRE requirements;
these training and preparation costs may be allocated to the budget
line item(s) applicable to the new requirements. Staff time associated
with policy and procedure updates may be billed to administrative costs
(See 24 CFR 574.300(b)(10) and 574.3).
For compliance with CO detection requirements, HOPWA grantees and
project sponsors may bill staff time spent conducting landlord outreach
and education on the CO detector and alarm requirements, performing
inspections to assess for compliance with the requirements, and/or
assessing for and self-certifying compliance with the requirements to
the applicable housing assistance line item. HOPWA grantees and project
sponsors may bill housing information services for staff time spent
conducting outreach and education on CO detectors and alarms to HOPWA-
assisted households (See 24 CFR 574.300(b)(1)).
For compliance with smoke alarm requirements, HOPWA grantees and
project sponsors may bill staff time spent conducting landlord outreach
and education on the smoke alarm requirements, performing inspections
to assess for compliance with the requirements, and/or assessing for
and self-certifying compliance with the requirements to the applicable
housing assistance line item. HOPWA grantees and project sponsors may
bill housing information services for staff time spent conducting
outreach and education on smoke alarms to HOPWA-assisted households
(See 24 CFR 574.300(b)(1)).
XI. Clarification on Carbon Monoxide Alarms or Detectors
Section 101 of Title I of Division Q of the Consolidated
Appropriations Act, 2021, Public Law 116-260, div. Q, title I, Sec.
101 (2020) amended the program legislation for various HUD programs,
including the HOPWA program, to require CO alarms or detectors in
certain Federally assisted dwelling units as of December 27, 2022.
Section 101(e) of the Act amends section 856 of the AIDS Housing
Opportunity Act (42 U.S.C. 12905) to add the following new
responsibility for HOPWA grantees:
(i) Carbon monoxide alarms.
Each dwelling unit assisted under [the HOPWA program] shall contain
installed carbon monoxide alarms or detectors that meet or exceed--
(1) the standards described in chapters 9 and 11 of the 2018
publication of the International Fire Code, as published by the
International Code Council; or
(2) any other standards as may be adopted by the Secretary,
including any relevant updates to the International Fire Code, through
a notice published in the Federal Register.
This Notice updates the standards for CO detection in HOPWA-
assisted units. For housing activities subject to the HOPWA Housing
Quality Standards (HQS) at 24 CFR 574.310(b) (acquisition,
rehabilitation, conversion, lease, and repair of facilities; new
construction; project- or tenant-based rental assistance; and operating
costs), grantees and project sponsors should apply the HOPWA NSPIRE
Standards for CO detection in Table 4 of the attached standards.
For housing activities not subject to HQS requirements (STRMU and
PHP), grantees and project sponsors should still apply the HOPWA NSPIRE
standards for CO Alarms in Table 4, but may rely on the self-
certification of the tenant or owner that the dwelling unit meets the
CO detection requirements, provided that the grantee or project sponsor
develops and provides training, a standard checklist, or other
reasonable procedures to make sure the owner or tenant understands and
applies the applicable criteria when making the self-certification that
CO alarms or detectors are installed as required. The self-
certification should be kept in the assisted household's file and
document the method(s) used to confirm the presence of CO detection in
the unit.
However, neither the statutory requirement nor this notice preempts
or
[[Page 37551]]
limits the applicability of any State or local law that imposes more
stringent standards relating to the installation and maintenance of CO
alarms or detectors in housing.
XII. Clarification on Qualifying Smoke Alarms
Section 601 of Title VI of Division AA of the Consolidated
Appropriations Act, 2023, Public Law 117-328 (2022) amended the
statutes for various HUD programs, including the HOPWA program, to
require qualifying smoke alarms in assisted dwelling units as of
December 29, 2024.
Section 601(d) amends Section 856 of the AIDS Housing Opportunity
Act (42 U.S.C. 12905) to add the following new responsibility for HOPWA
grantees: Each dwelling unit assisted under this chapter shall contain
qualifying smoke alarms that are installed in accordance with
applicable codes and standards published by the International Code
Council or the National Fire Protection Association and the
requirements of the National Fire Protection Association Standard 72,
or any successor standard, in each level and in or near each sleeping
area in such dwelling unit, including in basements but excepting crawl
spaces and unfinished attics, and in each common area in a project
containing such a dwelling unit. It also defines a qualifying smoke
alarm. The term ``qualifying smoke alarm'' means a smoke alarm that:
(i) in the case of a dwelling unit built before December 29, 2022,
and not substantially rehabilitated after December 29, 2022--
(I)(aa) is hardwired; or
(bb) uses 10-year non rechargeable, nonreplaceable primary
batteries and--
(AA) is sealed;
(BB) is tamper resistant; and
(CC) contains silencing means; and
(II) provides notification for persons with hearing loss as
required by the National Fire Protection Association Standard 72, or
any successor standard; or
(ii) in the case of a dwelling unit built or substantially
rehabilitated after December 29, 2022, is hardwired.
The new smoke alarm requirement for HOPWA grantees is fully
applicable and enforceable by HUD as of December 29, 2024. HOPWA
grantees and project sponsors must ensure qualifying smoke alarms are
installed as required in all HOPWA-assisted units. This includes units
assisted with acquisition, rehabilitation, conversion, lease, and
repair of facilities to provide housing and services (24 CFR
574.300(b)(3)); new construction (24 CFR 574.300(b)(4)); project or
tenant-based rental assistance (24 CFR 574.300(b)(5)); short-term rent,
mortgage, and utility payments (24 CFR 574.300(b)(6)); permanent
housing placement (24 CFR 574.300(b)(7)); and operating costs (24 CFR
574.300(b)(8)).
For housing activities subject to the HOPWA Housing Quality
Standards (HQS) at 24 CFR 574.310(b) (acquisition, rehabilitation,
conversion, lease, and repair of facilities; new construction; project
or tenant-based rental assistance; and operating costs), grantees and
project sponsors should apply the HOPWA NSPIRE Standards for smoke
alarms in Table 48.
For housing activities not subject to HQS requirements (STRMU and
PHP), grantees and project sponsors should still apply the HOPWA NSPIRE
Standards for smoke alarms in Table 48, but may rely on the self-
certification of the tenant or owner that the dwelling unit meets the
smoke alarm requirements, provided that the grantee or project sponsor
develops and provides training, a standard checklist, or other
reasonable procedures to make sure the owner or tenant understands and
applies the applicable criteria when making the self-certification that
smoke alarms are installed as required. The self-certification should
be kept in the assisted household's file and document the method(s)
used to confirm the presence of a qualifying alarm in the unit.
However, neither the statutory requirement nor this notice preempts
or limits the applicability of any State or local law that imposes more
stringent standards relating to the installation and maintenance of
smoke alarms in housing.
XII. Clarification on Inspections for STRMU and PHP
The NSPIRE rule and the housing quality standards at 24 CFR
574.310(b) do not cover or require inspections for short-term rent,
mortgage, and utility payments (24 CFR 574.300(b)(6)); or permanent
housing placement (24 CFR 574.300(b)(7)). However, HOPWA grantees must
continue to meet CO detection requirements for housing assisted with
Short-Term Rent, Mortgage, and Utility Assistance (STRMU) and Permanent
Housing Placement (PHP) as required through Section 101 of Title I of
Division Q of the Consolidated Appropriations Act, 2021, Public Law
116-260, div. Q, title I, Sec. 101 (2020), which amended the HOPWA
statute to require CO alarms or detectors in HOPWA-assisted dwelling
units. As of December 27, 2022, HOPWA grantees and project sponsors are
required to ensure CO alarms or detectors are installed as required in
all HOPWA-assisted units. Additional information on the CO detection
requirements for STRMU and PHP can be found in Section X of this
Notice.
Further, effective December 29, 2024, HOPWA grantees must meet
smoke detection requirements for housing assisted with STRMU and PHP as
required through Section 601 of Title VI of Division AA of the
Consolidated Appropriations Act, 2023, Public Law 117-328 (2022) which
amended the HOPWA statute to require qualifying smoke alarms in HOPWA-
assisted dwelling units. Additional information on the smoke alarm
requirements for STRMU and PHP can be found in Section XI of this
notice.
XIII. Contact Information
Questions concerning this notice may be directed to the HUD Office
of HIV/AIDS Housing's email box at [email protected].
David C. Woll Jr.,
Principal Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 2025-14743 Filed 8-4-25; 8:45 am]
BILLING CODE 4210-67-P