24 C.F.R. § 5.703

National standards for the condition of HUD housing

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(a) General. To ensure that all residents live in safe, habitable dwellings, the items and components located inside the building, outside the building, and within the units of HUD housing must be functionally adequate, operable, and free of health and safety hazards. The standards under this section apply to all HUD housing. HUD housing under the HCV, PBV, and Moderate Rehabilitation programs shall be subject to these standards only for:

(1) The subsidized unit itself; and

(2) Items and components within the primary and secondary means of egress from a unit's entry door(s) to the public way, those common features related to the residential use of the building (e.g., the laundry room, community room, mail room), and the systems equipment that directly services the subsidized unit.

(b) Inside. Inside of HUD housing (or “inside areas”) refers to the common areas and building systems that can be generally found within the building interior and are not inside a unit. Examples of “inside” common areas may include, basements, interior or attached garages, enclosed carports, restrooms, closets, utility rooms, mechanical rooms, community rooms, day care rooms, halls, corridors, stairs, shared kitchens, laundry rooms, offices, enclosed porches, enclosed patios, enclosed balconies, and trash collection areas. Examples of building systems include those components that provide domestic water such as pipes, electricity, elevators, emergency power, fire protection, HVAC, and sanitary services. The inside area must meet the following affirmative requirements:

(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 Secretary may establish additional standards through Federal Register notification;

(2) Except for housing subject to this subpart only through § 5.701(a)(6) or (7), or housing otherwise exempt from this requirement as provided elsewhere in this title, the inside area must meet or exceed the carbon monoxide detection standards set by the Secretary through Federal Register notification;

(3) For the inside area, any outlet installed within 6 feet of a water source must be ground-fault circuit interrupter (GFCI) protected;

(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;

(5) The inside area must have permanently mounted light fixtures in any kitchens and each bathroom; and

(6) The inside area may not contain unvented space heaters that burn gas, oil, or kerosene.

(c) Outside. Outside of HUD housing (or “outside areas”) refers to the building site, building exterior components, and any building systems located outside of the building or unit. Examples of “outside” components may include fencing, retaining walls, grounds, lighting, mailboxes, project signs, parking lots, detached garage or carport, driveways, play areas and equipment, refuse disposal, roads, storm drainage, non-dwelling buildings, and walkways. Components found on the exterior of the building are also considered outside areas, and examples may include doors, attached porches, attached patios, balconies, car ports, fire escapes, foundations, lighting, roofs, walls, and windows. The outside area must meet the following affirmative requirements:

(1) For the outside area, outlets within 6 feet of a water source must be GFCI protected; and

(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.

(d) Units. A unit (or “dwelling unit”) of HUD housing refers to the interior components of an individual unit. Examples of components included in the interior of a unit may include the balcony, bathroom, call-for-aid (if applicable), carbon monoxide devices, ceiling, doors, electrical systems, enclosed patio, floors, HVAC (where individual units are provided), kitchen, lighting, outlets, smoke detectors, stairs, switches, walls, water heater, and windows. The unit must also meet the following affirmative requirements:

(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;

(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;

(3) (i) The unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, in the following locations:

(A) On each level of the unit;

(B) Inside each bedroom;

(D) 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.

(ii) If the unit is occupied by any hearing-impaired person, the smoke detectors must have an alarm system designed for hearing-impaired persons;

(iii) The Secretary may establish additional standards through Federal Register notification;

(iv) Following the specifications of National Fire Protection Association Standard (NFPA) 72 satisfies the requirements of this paragraph (d)(3);

(4) The unit must have a living room and a kitchen area with a sink, cooking appliance, refrigerator, food preparation area, and food storage area;

(5) For units assisted under the HCV or PBV program, the unit must have at least one bedroom or living/sleeping room for each two persons;

(6) Except for units subject to this subpart only through § 5.701(a)(6) or (7), or housing otherwise exempt from this requirement as provided elsewhere in this title, the unit must meet or exceed the carbon monoxide detection standards set by HUD through Federal Register notification;

(7) The unit must have two working outlets or one working outlet and a permanent light within all habitable rooms;

(8) Outlets within 6 feet of a water source must be GFCI protected:

(9) 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;

(10) The unit must have a guardrail when there is an elevated walking surface with a drop off of 30 inches or greater measured vertically; and

(11) The unit must have a permanently mounted light fixture in the kitchen and each bathroom.

(e) Health and safety concerns—(1) General. The inside, outside and unit must be free of health and safety hazards that pose a danger to residents. Types of health and safety concerns include, but are not limited to carbon monoxide, electrical hazards, extreme temperature, flammable materials or other fire hazards, garbage and debris, handrail hazards, infestation, lead-based paint, mold, and structural soundness.

(2) Lead-based paint. HUD housing must comply with all requirements related to the evaluation and control of lead-based paint hazards and have available proper documentation of such (see 24 CFR part 35). 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 the applicable regulations at 24 CFR part 35 apply.

(f) Compliance with State and local codes. (1) The standards for the condition of HUD housing in this section do not supersede State and local housing codes (such as fire, mechanical, plumbing, carbon monoxide, property maintenance, or residential code requirements).

(2) All HUD housing other than units assisted under the HCV and PBV programs must comply with State or local housing codes in order to comply with this subpart.

(3) State and local code compliance is not part of the determination of whether a unit passes the standards for the condition of HUD housing under this section for the HCV and PBV programs (except in accordance with § 5.705(a)(3)).

(g) Use of an alternative inspection or additional standard for HCV and PBV programs. A PHA is not subject to the standards set by this section when the PHA is relying on an alternative inspection in accordance with 24 CFR 982.406. PHAs may also elect to establish additional requirements for quality, architecture, or design of PBV housing, and any such additional requirements must be specified in the Agreement to enter into a HAP Contract or HAP Contract as provided in 24 CFR part 983.

(h) Special housing types in the HCV, PBV and Moderate Rehabilitation programs. Part 982, subpart M, of this title identifies special housing types which require standards unique to special types of housing. Unless modified by program-specific regulations, NSPIRE Standards will apply for these special housing types.

Notes of Decisions

Cited in 36 cases (21 in the last 5 years), 2003–2026 · leading case: Davis v. N.Y.C. Hous. Auth., 379 F. Supp. 3d 237 (S.D. Ill. 2019).

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Davis v. N.Y.C. Hous. Auth., 379 F. Supp. 3d 237 (S.D. Ill. 2019). · cites it 6× “) And the federal regulation on which Davis relies, 24 C.F.R. § 5.703 (g), requires that HUD-funded public housing comply with "state and local housing laws and regulations.”

Claborne v. Hous. Auth. of New Orleans, 165 So. 3d 268 (La. Ct. App. 2015). · cites it 10× “591; 2) The trial court erred in not only certifying a class but also attempting to cure that error by ordering a two phase trial; 3) The trial court erred as a matter of law in holding that 24 CFR § 5.703 (f) provides plaintiffs a private contract cause of action; 4) The trial…”

United States v. N.Y.C. Hous. Auth., 347 F. Supp. 3d 182 (S.D. Ill. 2018). · cites it 4× “First, the Government claims that NYCHA substantially defaulted on its covenants and obligations under its "Annual Contributions Contract" with HUD, which incorporates federal lead-paint safety regulations and NYCHA's obligation under 24 C.F.R. § 5.703 to provide "decent, safe,…”

Alli v. United States, 83 Fed. Cl. 250 (Fed. Cl. 2008). · cites it 7× “307 ; effective in 1998, they were taken from 24 C.F.R. §§ 5.703 and 982.401. . In this regard, he testified— Q.”

Nbc-usa Hous., Inc., Twenty-six v. Donovan, 774 F. Supp. 2d 277 (D.D.C. 2011). · cites it 5× “24 C.F.R. § 5.703 . In addition, “[t]o ensure its interest in the capital advance, HUD shall require a note and mortgage, use agreement, capital advance agreement and regulatory agreement from the Owner.”

Englewood Terrace Ltd. P'ship v. United States, 79 Fed. Cl. 516 (Fed. Cl. 2007). · cites it 5× “24 C.F.R. § 5.703 , titled “Physical condition standards for HUD housing that is decent, safe, sanitary and in good repair (DSS/GR)” (April 1, 2000).”

Sandpiper Residents Ass'n v. HUD, 106 F.4th 1134 (D.C. Cir. 2024). · cites it 3× “at 1897; see also 24 C.F.R §§ 5.703, 883.101(a), 886.323(a), and comply with various maintenance- and utilities-related obligations, 24 C.”

Englewood Terrace Ltd. P'ship v. United States, 61 Fed. Cl. 583 (Fed. Cl. 2004). “D to Complaint; 24 C.F.R. § 5.703 . These violations would appear potentially to fall under section 516(a)(2)(A),(B),(H) and 516(a)(3) of MAHRA.”

Nbc-usa Hous., Inc., Twenty-six v. Donovan, 674 F.3d 869 (D.C. Cir. 2012). “” 24 C.F.R. § 5.703 (2011). In the event the organization breaches a covenant or condition in its mortgage, HUD can foreclose on the property in accordance with the Multifamily Mortgage Foreclosure Act of 1981 (“Mortgage Foreclosure Act”), 12 U.”

Walton v. UCC X, Inc., 640 S.E.2d 325 (Ga. Ct. App. 2006). · cites it 3× “24 CFR § 5.703 provides that “HUD housing must be decent, safe, sanitary and in good repair.”

Valentine Props. Assocs., LP v. United States Dep't of Hous. & Urban Dev., 785 F. Supp. 2d 357 (S.D.N.Y. 2011). “24 C.F.R. § 5.703 (g). Under the REAC, properties must comply with both REAC standards and state and local standards.”

Mercer v. New York City Hous. Auth. (S.D.N.Y. 2022). · cites it 9× “Plaintiff maintains that under 24 C.F.R. § 5.703 , NYCHA has an obligation to “maintain the integrity of its buildings and the safety of its tenants.”

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— 24 C.F.R. § 5.703(f) — 1 case

Westfield Senior Citizens Hous. Corp. Vs. Patricia Lytell (lt-002242-19, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).

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