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    4. HUD begins enforcing carbon monoxide detector requirements

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    Alert / Affordable Housing

    HUD begins enforcing carbon monoxide detector requirements

    Jan 3, 2023

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    By David Hornstein, Michelle Cafarelli Kabat and Deborah VanAmerongen

    Public housing authorities and property owners can work with HUD to comply with the carbon monoxide regulations.

    What’s the impact?

    • The requirements apply to units in multifamily projects receiving tenant-based or project-based assistance, or owned or operated by a public housing authority
    • Funding options vary by program
    • Further resources will soon be available on HUD’s website

    DOWNLOAD

    PDF: HUD enforcing CO requirements

    On January 31, 2022, the Department of Housing and Urban Development (HUD) issued a Notice implementing and clarifying requirements passed by Congress in the Consolidated Appropriations Act, 2021, requiring the installation of carbon monoxide (CO) alarms or detectors in certain HUD-assisted housing within two years of enactment of the Act. On December 27, 2022, HUD began enforcing these requirements for any dwelling unit in a multifamily project receiving tenant-based or project-based assistance, or owned or operated by a public housing authority (PHA), requiring installation in a manner that meets or exceeds the standards of the 2018 International Fire Code (IFC).

    In the Notice, HUD identifies several building-related sources of CO, such as gas stoves and space heaters, automobile exhaust from attached garages, and leaking chimneys and furnaces, and provides resources for educating multifamily project owners, PHAs, and tenants about the dangers of CO and safety measures that can be taken to avoid CO poisoning. HUD also identifies funding sources for the purchase, installation, and maintenance of CO alarms or detectors in its efforts to promote healthy housing and prevent CO exposure.

    How to fund purchase and installation of CO alarms or detectors

    PHAs operating public housing units can utilize Operating Funds or Capital Funds to purchase, install, and maintain CO alarms/detectors. Property owners and/or landlords participating in the housing choice voucher or project-based voucher programs are directly responsible for paying for CO alarms or detectors. For properties receiving assistance through a Section 8 project-based rental assistance (PBRA) contract with HUD, or under the Section 202 or Section 811 programs, owners can utilize reserve for replacement accounts, residual receipt accounts, general operating reserve accounts, owner contributions, or secondary financing for the purchase, installation, and maintenance of the CO alarms or detectors.

    Resources for management agents and property owners

    HUD is preparing CO-related materials for management agents and property owners, which will be posted on HUD’s website.

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    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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