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Appealing a REAC Physical Inspection Score

Owners and Managers have the option to appeal a REAC physical inspection score. Should you appeal? What outcome can you hope to expect? Is the effort worth the energy spent? These are often asked questions – ones each owner or manager must answer for themselves.

HUD issued a 9-page summary document titled “Requesting a Technical Review or Database Adjustment.” This guide provides an overview of the process, summarizes the types of errors acceptable for appeal, identifies the required documentation and offers potential rescoring results. Prior to submitting an appeal, review HUD’s guidelines to assure your appeal efforts will be time well-spent.

Previously overlooked areas of non-compliance can cause problems during a REAC Physical Inspection. Managers and owners cry foul, “If the last Inspector noted this problem, I would have fixed it.” How can one inspection differ so great from the next? How can a window (or exit way or junction box, etc.) which is functioning identical to the prior inspection, now be marked as a deficiency? The fact remains, it can and it will. Failure to cite a prior violation does not qualify as grounds for dismissal. To prevail on appeal, you must prove an item was in compliance at the time of inspection or prove the inspector erred.

Owners' and managers’ frustrations with inspections are valid, but at times their appeal to improve a score may not be. Do your homework. HUD’s Physical Inspection Scoring 2.1 provides a detailed explanation of the definitions, values, weights and criticality levels used in scoring. The Uniform Physical Condition Standards and Physical Inspection Requirements along with the REAC Compilation Bulletin are helpful resources to assist you in determining the validity of your case. One consultant reports a 98% success rate on appeals, boasting over 2500 points recovered for clients. They are also quick to point out they will only accept clients with valid disputes.

Should you choose to appeal, remember to use HUD’s standard submission format for the appeal, include all appropriate documentation to support your claim and submit within HUD’s time guidelines.

Understanding HUD’s parameters and procedures for an appeal will allow for a more productive and successful experience. Murphy Consulting has identified the most valuable HUD resources available for making appeal decisions. For your convenience, we have compiled these resources onto a CD-ROM, a must have for all owners, managers, and PHA’s.

Research, education and documentation can aide owners and managers in making appeal decisions. Take advantage of all available resources and be prepared, before your next REAC inspection score arrives.

This editorial is for informational purposes only and is not designed for, nor should be relied upon as a source of legal guidance or as a final authority with respect to any particular circumstance.

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