HUD publishes guidance notice for VAWA 2013

HUD has posted Notice PIH 2017-08, Violence Against Women Reauthorization Act of 2013 Guidance. The 52-page notice is dated May 19. While the guidance does not contain any major changes from the VAWA 2013 final rule, it includes a number of useful examples and scenarios to assist PHAs in implementation of the rule. The notice is applicable to the public housing and HCV programs, including the project-based voucher (PBV) and moderate rehabilitation programs.

Here are a few examples of guidance from the notice:

  • A list of adverse screening factors which might be the direct result of domestic violence, dating violence, sexual assault, or stalking
  • A detailed description of the certification and documentation process
  • A summary of policy requirements and a 5-page appendix detailing necessary PHA policies and procedures
  • Instructions for customizing the notice of occupancy rights
  • A ten-page section on requirements for emergency transfer plans
  • A clarification of the VAWA 2013 provision for establishing eligibility following bifurcation of a lease. This provision applies only to mixed families in which the victim has not contended eligible immigration status
  • A six-page model owner notification. Use of an owner notification letter is optional, as PHAs may instead rely on VAWA information included in the HAP contract.

In a related development, HUD has released translated versions of the four forms and model notices published in December 2016 for VAWA 2013 implementation. Each of the forms has been translated into 11 languages (Armenian, Cambodian, Creole, Japanese, Korean, Lao, Mandarin, Russian, Spanish, Thai, and Vietnamese).

The translated documents include (links to English versions):

  • HUD-5380, Notice of Occupancy Rights under the Violence Against Women Act
  • HUD-5381, Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
  • HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation (replaces form HUD-50066)
  • HUD-5383, Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking

You’ll find links to all of the translated documents on this page at HUDCLIPS.

HUD requests comments on regulatory reform

Today in the Federal Register, HUD published a notice requesting public comments on its implementation of two recent executive orders. Executive Order 13771, published on January 30, requires that “for every one new regulation issued, at least two prior regulations be identified for elimination.’’ Executive Order 13777, published on February 24, directs each federal agency to establish a regulatory task force to evaluate existing regulations and identify those that may merit repeal, replacement, or modification.

As explained in today’s notice, HUD is in the process of establishing a regulatory task force which must identify regulations that:

  • Eliminate jobs, or inhibit job creation;
  • Are outdated, unnecessary, or ineffective;
  • Impose costs that exceed benefits;
  • Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies;
  • Rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or
  • Derive from or implement executive orders or other Presidential directives that have been subsequently rescinded or substantially modified.

HUD is seeking specific comments on a preliminary list of topics which includes:

  • What factors should HUD use when considering how to prioritize rules when implementing the regulatory offsets required by Executive Order 13771?
  • Are there any HUD regulatory requirements that have been overtaken by technological developments? Can new technologies be used to modify, streamline, or do away with these requirements?
  • Are there any existing HUD requirements that duplicate or conflict with requirements of another federal agency?
  • What are the estimated total compliance costs of the HUD regulations to which you or your organization must comply?

The notice contains instructions for submitting comments, which are due no later than June 14, 2017.

HUD reopens comment period on MTW expansion

MTW expansion

Today in the Federal Register, HUD published a notice reopening the comment period for the “Operations Notice for the Expansion of the Moving to Work Demonstration Program Solicitation of Comment.”

The operations notice was published on January 23, and HUD announced last month that the comment period would be reopened “in the coming days.” The new deadline date for comments is June 5.

The operations notice addresses implementation of the 2016 Moving to Work (MTW) expansion statute, and solicits public comments on the following topics:

  • Purpose and applicability of the program
  • Waivers, including general, conditional, and cohort-specific waivers
  • The term of participation
  • Funding, the MTW block grant, and financial reporting
  • Program-wide and cohort-specific evaluation
  • Program administration and oversight
  • The Rental Assistance Demonstration (RAD) program
  • Applying MTW flexibilities to special purpose vouchers
  • Regionalization
  • The applicability of other federal, state, and local requirements
  • Sanctions, terminations, and default

In addition to extending the comment period, today’s notice contains minor revisions to the tables of MTW waivers in the operations notice. Parameters of three potential waivers were changed to permit mandatory Family Self-Sufficiency (FSS) participation, and to increase the maximum age limit for work requirements from 54 to 61 years.

If your agency is interested in applying under the MTW expansion, NMA can help. We have extensive experience working with MTW agencies, including as partners during the application process, and we can guide you through questions such as the kinds of things MTW agencies can do, how you intend to measure performance, guidance and insight into what HUD is looking for from newly sanctioned agencies, and more. For more information, call (800) 783-3100 or email sales@nanmckay.com.

Save on two Boston housing seminars this August

Boston housing seminarsTo help you squeeze the most out of your training dollars, Nan McKay and Associates will be offering two seminars right after our fifth annual national housing conference this August in Boston.

The Housing Conference in Boston, Massachusetts

Visit our website to register!

Stay tuned, we’ll start publishing session descriptions next week! If you’re registered for the conference and want to sign up for a free one-on-one Q&A session, click here and reserve your time now. The Q&A sessions are limited to registered attendees and will be filled on a first-come, first-served basis.

House releases omnibus appropriations bill for FY 2017

appropriations

The House Appropriations Committee yesterday released the fiscal year 2017 Omnibus Appropriations bill, which would provide discretionary funding for the federal government for the remainder of the current fiscal year. Congress is expected to vote on the bill later this week, in time to avoid a government shutdown when the current continuing resolution expires on Friday.

Proposed funding for the Department of Housing and Urban Development (HUD) is described in a summary prepared by the House committee. The legislation includes a net total of $38.8 billion for HUD, a $513 million increase above the fiscal year 2016 enacted level, and $824 million below the requested funding level. Highlights include:

  • Section 8 and Public Housing – Included in the bill is $27.5 billion for Public and Indian Housing. This is an increase of $623 million above the fiscal year 2016 enacted level and $760 million below the requested level.
  • Office of Housing – Other housing programs are funded at $11.5 billion – an increase of $259 million above the fiscal year 2016 enacted level. Project-Based Rental Assistance is funded at $10.8 billion; Housing for the Elderly is provided with $502 million; and Housing for Persons with Disabilities receives $146 million.
  • The bill cuts HUD’s administrative payments to public housing agencies by $427 million below the previous administration’s request. It also includes a provision prohibiting HUD from guaranteeing mortgages seized by eminent domain.
  • Community Planning and Development – The bill contains $6.8 billion for Community Planning and Development programs – $152 million above the fiscal year 2016 enacted level.
  • Community Development Block Grants are funded at $3 billion – the same as the fiscal year 2016 level. The HOME Investment Partnerships Program is funded at $950 million – the same as the current year. Grants for homeless assistance are funded at $2.4 billion, an increase of $133 million over current level.
  • Emergency Funding for Disaster Relief – In addition to regular appropriations, the legislation includes an additional $948 million in disaster relief. Of this amount, $528 million is for the Emergency Relief Program for qualifying emergency road and bridge repair expenses, and $400 million is for Community Development Block Grant disaster recovery assistance.

The full 92-page committee report is available here.

PIH issues 2017 HCV funding guidance

Yesterday HUD’s Office of Public and Indian Housing (PIH) issued Notice PIH 2017-07 to provide guidance on funding for the housing choice voucher (HCV) program for calendar year 2017. The notice discusses eligibility for potential shortfall funding as well as calculation of administrative fees.

The notice explains that HUD is currently operating under a continuing resolution (CR) which provides funding at 2016 levels. The CR will remain in effect until another CR is enacted, an appropriations bill is enacted, or April 28, 2017.

Based on possible funding scenarios if a full-year CR is enacted, or if an appropriations act is enacted at either the House or Senate proposed levels, a deeper HAP proration than previously experienced may occur.

Below are a few highlights from the 5-page notice:

  • PHAs identified by the shortfall prevention team as having a potential shortfall must cease issuing vouchers to applicants and rescind vouchers issued to applicants who have not yet leased a dwelling unit. Affected agencies must also stop absorbing portable vouchers and must not issue tenant-based vouchers to families who wish to move out of project-based voucher (PBV) units.
  • There is currently no full-year CR or full-year appropriation in place for HUD to provide shortfall funding to any agency. If shortfall funding is made available, a PHA’s eligibility for such funding will be contingent on the PHA having taken the actions described above.
  • PIH intends to make available up to $10 million in administrative fee funding, subject to availability under a full-year CR or appropriation, for homeownership fees, special fees for multifamily housing conversion actions, audit costs for HCV voluntary transfers, and special fees for receiving PHAs where portability vouchers are a significant portion of vouchers under lease.
  • Applications for blended rate fees (by PHAs serving multiple administrative fee areas) must be submitted by Monday, May 22, 2017. Requests for higher administrative fee rates for PHAs serving large geographical areas are also due by May 22.
  • Requests for blended rate fees and higher administrative fees may be submitted via email or regular mail, but PHAs may not submit requests using both methods.

Register now for free Q&As at The Housing Conference

The Housing Conference in Boston

Signups for Q&A sessions at The Housing Conference are now open!

We’re thrilled to be taking our fifth annual national housing conference to Boston this August. Included with every conference registration is the opportunity to reserve a free, one-hour Q&A session with one of our NMA experts, including Nan herself!

If you’re registered for the conference and want to sign up for a session, click here and reserve your time now. The Q&A sessions are limited to registered attendees and will be filled on a first-come, first-served basis.

The tentative agenda has just been updated, and when you register now you’ll receive early bird pricing!

Join us August 21-22, 2017, for two fantastic days of networking, learning, and exploring the beautiful and historic city of Boston, Massachusetts. Industry experts will present sessions and panels on the latest topics in affordable housing, including:

  • An update on UPCS-V, the proposed inspections protocol to replace HQS
  • How to deal with generational differences in the workplace
  • What you need to know if you’re a new executive director
  • Nan McKay’s annual legislative update, including new rules and notices
  • Best practices in PBV and RAD PBV
  • Public/private partnerships and grant funds
  • What you need to know before applying for MTW
  • Understanding tax credits and RAD finance
  • Best practices in managing FSS, plus how to start a new FSS program in PBRA
  • What’s new in capital fund finance
  • Best practices in PBRA and RAD PBRA
  • Effective waitlist management
  • What’s new in fair housing
  • Best practices in SEMAP
  • CDBG-DR and resilience
  • Roundtable panel session with NMA Housing Awards winners
  • And more!

Visit our website to register!

HUD solicits comments on MTW expansion

MTW expansion

In an item dated April 7 and posted to the Moving to Work (MTW) website, HUD announced that it will reopen the comment period for the “Operations Notice for the Expansion of the Moving to Work Demonstration Program Solicitation of Comment.” The notice was published in the Federal Register on January 23 and comments were due by March 24.

The operations notice addresses implementation of the 2016 MTW expansion statute, and solicits public comments on the following topics:

  • Purpose and applicability of the program
  • Waivers, including general, conditional, and cohort-specific waivers
  • The term of participation
  • Funding, the MTW block grant, and financial reporting
  • Program-wide and cohort-specific evaluation
  • Program administration and oversight
  • The Rental Assistance Demonstration (RAD) program
  • Applying MTW flexibilities to special purpose vouchers
  • Regionalization
  • The applicability of other federal, state, and local requirements
  • Sanctions, terminations, and default

HUD will reopen the comment period for the operations notice in order to allow interested participants and stakeholders additional time to review the notice and provide feedback to HUD.

HUD also announced that it will be offering a series of four in-person listening sessions to discuss the operations notice. PHAs interested in applying for the MTW expansion are invited to attend; however, attendance is limited to two representatives per agency. Topics for the sessions include performance assessments, funding, regulatory waivers, and regionalization.

The all-day listening sessions are scheduled as follows (click one of the city links to register):

If your agency is interested in applying under the MTW expansion, NMA can help. We have extensive experience working with MTW agencies, including as partners during the application process, and we can guide you through questions such as the kinds of things MTW agencies can do, how you intend to measure performance, guidance and insight into what HUD is looking for from newly sanctioned agencies, and more. For more information, call (800) 783-3100 or email sales@nanmckay.com.

NMA’s seminar calendar for Q3 2017 is now available!

affordable housing trainingWe’re pleased to announce the release of NMA’s seminar calendar for the third quarter of 2017. You can view a list of the affordable housing training that Nan McKay and Associates is offering from now through September on this page at our website.

Start planning your summer training now and save! If you register at least 45 days in advance for most seminars, you’ll receive a 10 percent discount. (The discount does not apply to seminars hosted by housing authorities or associations.)

All Nan McKay classes have been updated for the latest HUD rules and notices. Our Fair Housing and Reasonable Accommodation class, the most comprehensive training on fair housing regulations available, has been updated for the recent notices on LEP, sexual harassment, and nuisance ordinances. All of our HCV classes have been updated for the new payment standard rules from HOTMA and the recent Federal Register notice for the student rule.

Having trouble finding the class you want? We can bring the seminar to you. Email sales@nanmckay.com for more information about our affordable onsite training options.

Four weeks to enter the 2017 NMA Housing Awards

NMA Housing AwardsHave you sent us your application yet for the 2017 NMA Housing Awards? Entries are due Friday, April 28, 2017 and must be postmarked or emailed by that date.

If you haven’t entered yet, now is your opportunity to share all the amazing work your agency has done for the community. Award winners will be presented with an engraved trophy at The Housing Conference this August in Boston, Massachusetts.

2017 NMA Development Award

NMA honors the outstanding achievement of housing authorities or associations in affordable housing with the NMA Development Award. One award will be given to an agency with 1250 or more units and one to an agency with 1249 or fewer units. Unit size is based on the total number of housing units.

Eligibility: Housing authorities or associations that administer affordable housing programs will be eligible. Each entry must be limited to one specific development initiative. Examples of such initiatives are new development or construction, green initiatives, property improvements, or out-of-the-box financing.

Criteria: To apply for the 2017 NMA Development Award, all applicants must respond to the following in 1500 words or less.

  • Describe the housing authority’s / association’s most significant accomplishment in development over the past 12 months.
  • Describe the individual achievement by your employees that helped your agency reach your goal.
  • Describe the lasting impact of such development on the community served.

2017 NMA Resident Service Award

The NMA Resident Service Award is sponsored by NMA to recognize housing authorities who are leaders in the affordable housing industry through their community outreach and efforts to improve the future of the families they serve. One award will be given to an agency with 1250 or more units and one to an agency with 1249 or fewer units. Unit size is based on the total number of housing units.

Eligibility: Housing authorities or associations that administer affordable housing programs will be eligible. Each entry must be limited to one specific service initiative. Examples of such initiatives are self-sufficiency programs, community projects, education, or other resident or participant initiatives.

Criteria: To apply for the 2017 NMA Resident Service Award, all applicants must respond to the following in 1500 words or less.

  • Describe the housing authority’s / association’s most significant accomplishment in service over the past 12 months.
  • Describe the individual achievement by your employees that helped your agency reach your goal.
  • Describe the lasting impact of such social achievements on the community served.

You can download the entry form on our website. Go here to read about last year’s winners. If you have any questions, email us at marketing@nanmckay.com. We look forward to reading your entries!