"Bad State of Repair": Legal Definition in Property Assessment (FHA Context)
"Bad state of repair" describes a property condition that renders it unsuitable for intended use or poses safety risks to occupants, neighbors, or the public.
Regulatory Source
Defined in FHA Mortgagee Letter 07-03 (now archived; principles persist in HUD Handbook 4000.1). Used in FHA appraisal/inspection to flag health/safety deficiencies requiring repair before loan endorsement.
Examples
- Structural: Foundation cracks, roof collapse risk, floor rot.
- Systems: Non-functional heating (winter), plumbing leaks, exposed wiring.
- Environmental: Lead paint deterioration, mold, asbestos damage.
- Egress: Blocked exits, missing handrails, broken stairs.
Key Distinction
May not violate a specific code but still fails "decent, safe, sanitary" standard. Appraiser's professional judgment governs.
Remediation
Lender requires licensed contractor repair, re-inspection, and clearance before closing.
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