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• A. EH&S Deficiency Notice.

The inspector conducting a REAC inspection may issue a EH&S citation to the project owner if serious deficiencies are identified that must be corrected immediately. These deficiencies are called EH&S violations.

1. The owner must:

   • a. Immediately correct or mitigate EH&S deficiencies irrespective of a project’s physical inspection score; and

   • b. Submit a written certification to the AE within 3 business days of the date of the inspection certifying that all EH&S deficiencies at the project have been corrected or mitigated, not just the EH&S deficiencies cited in the Notification of EH&S report.

2. The AE must:

   • a. Not act to abate a contract based solely upon the issuance of an EH&S Deficiency Notice but must take into consideration the action(s) taken by the owner to correct all the EH&S deficiencies at the project.

   • b. Flag the owner in the Active Partners Participation System (APPS) 2530 system if the owner does not correct or mitigate all EH&S deficiencies at the project.

   • c. Make an elective referral to the DEC or the Office of General Counsel, if at any time an owner is uncooperative and refuses to follow the protocol on correcting EH&S deficiencies.

• B. Physical Inspection Report

  1. The owner receives a copy of the physical inspection report via the internet. When a project’s physical inspection score is below 60, the owner is responsible for conducting a survey of the entire project to determine, based on the REAC’s physical inspection findings, similar problems in other units.

  2. The physical inspection report(s) is available to the AE/CA in the Integrated Real Estate Management System (iREMS). The AE/CA must:

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• a. Use the physical inspection report, owner’s survey of the project, owner responses to the inspection, and any subsequent REAC inspection reports, to assess the physical condition of the project when determining whether to renew the contract.

• b. Review the iREMS administrative record for the project in concert with the recent inspections when making the decision to renew the contract. The quality of management services provided and the owner’s ability to meet all Departmental requirements must be considered. For example, a change of management could be a condition placed on the owner before renewing the contract.

• For inspections where the score is above 60, the AE/CA will:

• a. Renew the contract, if the owner has corrected or mitigated the EH&S deficiencies, unless such citations were appealed.

• b. Follow the procedures in Chapter 13, if the owner has not corrected or mitigated the EH&S deficiencies, unless such citations were appealed.

4. For inspections where the score is below 60, the AE will follow the instructions in Notice H 2015-02, or current instructions, to determine the owner’s compliance with submission of the “Project Owner’s Certification” within the specified timeframe and the results of re-inspection(s) of the project:

   • a. Renew the contract if the owner is in compliance with current requirements.

   • b. Enter into a short term renewal of the contract if the owner is not in compliance with current requirements, until a Compliance Disposition and/or Enforcement (CDE) plan is approved by the OAMPO in Headquarters or other enforcement action is taken.

Note: Short term renewals of the Section 8 contract may be necessary in cases where enforcement action is anticipated and/or consummated and until vouchers can be ordered.

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