[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR902.20]

[Page 258]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 902--PUBLIC HOUSING ASSESSMENT SYSTEM--Table of Contents
 
            Subpart B--PHAS Indicator #1: Physical Condition
 
Sec. 902.20  Physical condition assessment.


    (a) Objective. The objective of the Physical Condition Indicator is 
to determine whether a PHA is meeting the standard of decent, safe, 
sanitary, and in good repair (DSS/GR), as this standard is defined in 
Sec. 902.23 (a standard that provides acceptable basic housing 
conditions) and the level to which the PHA is maintaining its public 
housing in accordance with this standard.
    (b) Physical inspection under PHAS Indicator 1. (1) To 
achieve the objective of paragraph (a) of this section, REAC will 
provide for an independent physical inspection of a PHA's property or 
properties that includes, at minimum, a statistically valid sample of 
the units in the PHA's public housing portfolio to determine the extent 
of compliance with the DSS/GR standard.
    (2) Only occupied units will be inspected as dwelling units (except 
units approved by HUD for non-dwelling purposes, e.g., daycare or 
meetings, which are inspected as common areas). Vacant units that are 
not under lease at the time of the physical inspection will not be 
inspected, but vacant units are assessed under the Financial Condition 
Indicator 2 (Sec. 902.35(b)(4)). The categories of vacant units 
not under lease that are exempted from physical inspection are as 
follows:
    (i) Units undergoing vacant unit turnaround--vacant units that are 
in the routine process of turn over; i.e., the period between which one 
resident has vacated a unit and a new lease takes effect;
    (ii) Units undergoing rehabilitation--vacant units that have 
substantial rehabilitation needs already identified, and there is an 
approved implementation plan to address the identified rehabilitation 
needs and the plan is fully funded;
    (iii) Off-line units--vacant units that have repair requirements 
such that the units cannot be occupied in a normal period of time 
(considered to be between 5 and 7 days) and which are not included under 
an approved rehabilitation plan;
    (c) PHA physical inspection requirement. The HUD-conducted physical 
inspections required by this part do not relieve the PHA of the 
responsibility to inspect public housing units as provided in section 
6(f)(3) of the Act (42 U.S.C. 1437d(f)(3)), and Sec. 902.43(a).
    (d) Compliance with State and local codes. The physical condition 
standards in this subpart do not supersede or preempt State and local 
building and maintenance codes with which the PHA's public housing must 
comply. PHAs must continue to adhere to these codes.

[65 FR 1738, Jan. 11, 2000, as amended at 65 FR 36044, June 6, 2000]