On January 21, 2016, HUD issued Inspector Notice No. 2016-01, “UPCS Inspector Protocol Bed Bug Infestation.”
The Notice was effective on February 1, 2016, and applies to all properties that are subject to UPCS physical inspections. In states that have adopted the UPCS standards for Low-Income Housing Tax Credit Projects, this new guidance also applies for Section 42 purposes.
Background
In 2010, REAC issued Inspector Notice 2010-01 establishing inspection protocol requirements when an inspector is informed of bed bugs at a property that is being inspected. The Notice did not require that the inspector enter the unit. This Notice amends, in part, those requirements and now requires inspectors to enter all units in which bed bugs are reported.
This change is being made due to HUD’s conclusion that the likelihood of bed bug transfer to an inspector from an infested unit is remote. The basis of this conclusion is thousands of inspections that have been conducted in units in which bed bugs were reported. Bedbugs are nocturnal and usually hide on upholstered furniture or beds. The are not very active and do not respond quickly to human hosts during the day. Also, a person’s movements through the unit make it even more difficult for bed bugs to find a host.
Procedures
Effective February 1, 2016, inspectors are required to report the presence or existence of bedbugs at any property being inspected and enter any unit reported to have bed bugs that is part of the selected sample. Before beginning an inspection, inspectors should:
- Ask the property representative if there have been any reports of bed bugs in any units;
- Enter the result of the inquiry as “no bed bugs reported” or “yes, bed bugs reported;”
- If no bed bugs have been reported, the inspection should be carried out as normally done;
- If bed bugs are reported, REAC inspectors for HUD properties should follow the procedures outlined in the Notice regarding contacting the Technical Assistance Center for assignment of a TAC number. LIHTC inspectors should follow the protocol outlined by the Housing Finance Agency.
- Inspectors are to enter all units, reported to have bed bugs that are part of the selected sample of units to be reviewed and conduct the normal UPCS inspection.
- If the presence of bedbugs is discovered during the inspection, the inspector should follow the procedures outlined in the Notice (if a REAC inspection) or the procedures outlined by the HFA (if a Section 42 inspection).
- If the property representative refuses to enter the unit reported to have bed bugs, the inspector should note the inspection as “Unsuccessful.”
The presence and treatment of bedbugs on a property will not be scored in the UPCS inspection.
Essentially, this Notice provides that units with a bed bug issue are no longer exempt from inspection, and a normal UPCS inspection should be conducted.
REAC inspectors may contact the REAC TAC at 1-888-245-4860 for answers to questions on this issue. State agency inspectors inspecting for Section 42 purposes should contact their Agency for guidance.