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PIH Posts Implementation Guidance for HOTMA HCV and PBV Provisions

Posted by NMA on Nov 2, 2017 8:34:18 AM

HUD’s Office of Public and Indian Housing (PIH) recently released Notice PIH 2017-21, “Housing Opportunity through Modernization Act of 2016 (HOTMA) – Housing Choice Voucher (HCV) and Project-Based Voucher (PBV) Provisions.” The 67-page notice provides guidance on changes to the HCV and PBV programs as implemented in a Federal Register notice on January 18, 2017, in addition to superseding and consolidating guidance from prior PBV-related PIH notices.

As you recall, the January 18 Federal Register notice and subsequent technical corrections amended the definition of units owned by the PHA, and addressed various implementation requirements for the statutory changes to the PBV program set forth under HOTMA. The notice is organized as a set of individual attachments and appendices dedicated to each of the requirements touched upon in the original implementation notice, summarizing and offering additional insight and guidance on:

  • PHA-owned units
  • PHA-owned units and independent entities
  • Percentage limitation (program cap) and PHA submission requirements
  • PBV percentage limitation (10 percent increase for eligible units)
  • Income mixing requirement (project cap)
  • Units not subject to the program cap or project cap
  • PBV HAP contract initial term and extensions, including different scenarios
  • Priority of PBV HAP contracts
  • PBV biennial inspections
  • Adding units to the PBV HAP contract without competition
  • PBV HAP contract termination or expiration without extension
  • Attaching PBVs to certain PHA-owned projects without following a competitive process
  • Project-basing Family Unification Program (FUP) and HUD–Veterans Affairs Supportive Housing (HUD-VASH) vouchers
  • PBV program cap calculation instructions
  • PHA plan, administrative plan, and other PBV topics
  • Reporting
  • HCV, homeownership, and PBV inspection requirements

As mentioned above, the notice also consolidates and supersedes a number of prior PBV-related PIH notices:

  • Notice PIH 2002-22, which aligns with current PBV regulations and was written before such regulations existed, is rescinded due to no longer being necessary.
  • Notice PIH 2006-16 is rescinded because PBV rents are no longer capped at the LIHTC rent as they once were, so “grandfathering” of PBV projects is no longer necessary.
  • Notice PIH 2011-54 is superseded due to the definition of PHA-owned units and the proposal selection process being revised by HOTMA. Much of this notice is unchanged, however, and is included in as part of Appendix II of today’s notice.
  • Notice PIH 2015-05 adopted with updates to VMS reporting to include the latest release of the VMS User’s Manual, and also amended where Sections II and III of that notice, on the maximum amount of PBV assistance and PHA-owned units, respectively, have been superseded by HOTMA.
  • Notice PIH 2015-10, which covered project-basing HUD-VASH vouchers, is superseded in its entirety now that HOTMA authorizes project-basing VASH vouchers (and FUP vouchers for that matter) without prior approval.

Other HOTMA provisions related to the PBV program that were not implemented in the January 18 Federal Register notice are likewise not covered in Notice PIH 2017-21. You can access the notice on this page, at HUD’s website.

To receive more updates and analysis like this on the latest HUD news, subscribe to NMA’s PIH Alert and receive a daily email with breaking stories and other important information for PHAs and housing professionals.

Topics: HOTMA, PBV, PIH Alert, Program News and Notices, VASH, Industry News

It's here: NMA's Q1 2018 seminar calendar!

Posted by NMA on Oct 5, 2017 12:00:41 PM

Affordable housing seminars for 2018Just as we dive into the last quarter of 2017, we are pleased to announce the release of NMA's seminar calendar for the first quarter of 2018! Check out our roster of affordable housing training, including the second session of our latest addition, Multifamily Rent Calculation.

With tight budgets and fiscal uncertainty, mindfully planning is an important part of success. When you plan ahead with NMA, you can save 10% on most seminars by registering 45 days in advance. (The discount does not apply to seminars hosted by housing authorities or associations.)

All NMA classes have been updated for the latest HUD rules and regulations, including Notice PIH 2017-08, Violence Against Women Reauthorization Act of 2013 Guidance, which is applicable to both the public housing and HCV programs, including the project-based voucher (PBV) and moderate rehabilitation programs.

See the full schedule

Having trouble finding the class you want? We can bring the seminar to you. Email [email protected] for more information about our affordable onsite training options.

Topics: books and revision services, PBV, VAWA, product updates, company news

Updates from HUD on recent U.S. disasters

Posted by NMA on Sep 25, 2017 12:44:17 PM

govt-columns.jpgHUD has been extremely busy with their disaster relief efforts in response to the numerous hurricanes and storms that have struck the U.S. Recently, they released a fraud alert to warn those affected by hurricanes to potential scams. In addition, HUD provided further information regarding their disaster relief efforts for Puerto Rico and the U.S. Virgin Islands. 

OIG Warns of Hurricane Disaster Scams

HUD’s Office of Inspector General (OIG) issued a fraud alert advising everyone affected by hurricanes Harvey, Irma, and Maria to be alert to scams that commonly occur after a disaster. Specifically, the alert warns to watch out for:

  • Scam housing inspectors
  • Scam contractors
  • Fake relief programs
  • Flooded cars for resale
  • Mortgage rescue scams

OIG also cautions those affected not to be persuaded to commit fraud by misrepresenting eligibility or misusing funds. Details on what to look out for and how to protect yourself in each of the categories above can be found in the alert.

HUD Announces Disaster Relief for Puerto Rico, Virgin Islands

In two press releases, HUD announced that it will again speed federal disaster relief to the U.S. Virgin Islands and various municipalities in Puerto Rico to provide support to low-income renters and homeowners forced from their homes due to Hurricane Maria. Among the assistance discussed in the press releases, HUD is currently contacting state and local officials to explore streamlining the Community Development Block Grant (CDBG) and HOME programs to expedite the repair and replacement of damaged housing. These programs give communities the flexibility to redirect funds to address critical needs, such as housing and services for disaster victims. For more information, click here.

Topics: disaster programs, HOME, CDBG-DR

2017 NMA Master Book updates

Posted by NMA on Sep 19, 2017 5:09:00 AM

master-book-updates.jpgNMA's revision services team has been working hard to get the latest editions of our Master Books written, published, and out to you! These books have been brought current with all recent regulatory updates, including HOTMA, VAWA 2013, and more. 

2017: For the 2017 revision, the NMA Family Self-Sufficiency (FSS) Master Book has been been brought current with all recent regulatory updates, in addition to making the following additions and clarifications:

  • Several additions and modifications to account for the impact of the Rental Assistance Demonstration (RAD) program on FSS
  • Clarifications regarding the ability of ineligible immigrants to participate in FSS
  • Additional references for use in FSS program administration
  • Other corrections and changes for accuracy, logical flow, and ease of reading

2017: For the 2017 revision, the NMA HCV Executive Management Master Book has been been brought current with all recent HUD requirements and guidance, including the following:

  • Changes brought about by the final rule on small area fair market rents (SAFMRs), published November 16, 2016, specifically as relevant to rent reasonableness and changes in payment standard amounts
  • Modifications per the HOTMA implementation guidance published in the Federal Register on January 18, 2017, which revised some requirements for inspections, the
  • Project-Based Voucher program, and special housing types
  • Multiple revisions to account for changes brought about by the final rule implementing VAWA 2013, also published November 16, 2016
  • Other fair housing-related changes with respect to the OGC guidance on harassment and discriminatory practices, the use of nuisance ordinances, and limited English Proficiency, respectively
  • Other modifications for clarity, accuracy, and ease of reading

2017: For the 2017 revision, the NMA HCV Housing Qualty Standards Master Book has been completely revised, updated, and reformatted. This means that the book has an entirely new, streamlined look. The new book has likewise been brought current with all recent HUD requirements and guidance, edited for ease of reading, and is now presented in a more user-friendly format.

2017: For the 2017 revision, the NMA Housing Choice Voucher (HCV) Master Book has been been brought current with all recent HUD requirements and guidance, including the following:

  • Changes with respect to moves with continued assistance as specified in Notice PIH 2016-09
  • Modifications regarding the definition of independent student set forth in the Additional Supplementary Guidance on the eligibility of independent students under Section 8, issued September 21, 2016
  • Multiple revisions to account for changes brought about by the final rule implementing VAWA 2013, published November 16, 2016, including the addition of a sample Emergency Transfer Plan and several new HUD-required forms
  • Changes brought about by the final rule on small area fair market rents (SAFMRs), also published November 16, 2016, specifically as relevant to rent reasonableness and changes in payment standard amounts
  • Revision of rent reasonableness criteria under the Project-Based Voucher program, and the addition of a completely new section on administering PBVs under the Rental Assistance Demonstration (RAD PBV)
  • Updated reference citations for consistency as well as other minor modifications for clarity, accuracy, and ease of reading

2017: For the 2017 revision, the NMA Public Housing Assessment System (PHAS) Master Book includes the following revision:

  • An explanation of PHAS scoring for conversions under the Rental Assistance Demonstration (RAD) program

In addition, revision service subscribers and customers who purchase the product for the first time along with the revision service will also receive a copy of NMA’s Public Housing Occupancy Tool and its accompanying instructions for use (a $249 value). This tool allows agencies to track occupancy data by development as well as portfolio, do trend analysis, and spot problem areas quickly. A large portion of the PHAS score is dependent upon keeping your units filled, and this tool can help to ensure there are no surprises when it comes time for HUD’s evaluation.

2017: For 2017, the NMA Public Housing Management (PHM) Master Book has been brought current with all recent regulatory updates, including:

  • Sweeping changes brought about by the Streamlining Administration Regulations Final Rule, issued March 8, 2016, including modifications regarding verification, utility reimbursements, annual and interim reexaminations, and proration of assistance for mixed families, among other areas of program administration
  • Implementation guidance on the streamlining rule as described in Notices PIH 2016-05 and PIH 2016-06
  • Modifications for the final rule implementing VAWA 2013, issued November 16, 2016
  • Modifications for the final rule Instituting Smoke-Free Housing in Public Housing, issued December 5, 2016
  • Other minor modifications and clarifications to bring the content current with HUD regulations and guidance

2017: The 2017 edition of the NMA Uniform Physical Condition Standards (UPCS) Master Book CD has been brought current with all regulatory guidance, resources, and tools, including:

  • The addition of UPCS Guidance and Protocol Clarifications from May 2016
  • The addition of Inspector Notice 2016-03 on UPCS deficiencies and industry standard repairs
  • Removal of obsolete software and other outdated reference materials

Questions about your revision services subscriptions? Contact Laurie Durrett in our accounting department and she'll be happy to assist you.

NMA revision services provide a yearly update to your NMA Master Books and model policies with explanations and guidance regarding the most current HUD rules and regulations. To stay updated on the latest program information, try a free 30-day trial subscription to the PIH Alert. Email [email protected] to get started.

Topics: books and revision services, FSS, HOTMA, PIH Alert, Program News and Notices, public housing management, RAD, UPCS, VAWA

HCV and PH question: VAWA certification issues

Posted by NMA on Sep 18, 2017 8:52:04 AM

VAWA certification issuesQUESTION     Is the PHA allowed to question a client’s VAWA certification? A client has requested a mid-year transfer based on a list of claimed incidents (stalking). The alleged perpetrator is a former significant other of the client. The case manager questions whether any of these incidents actually happened. The case manager suspects that the client may be claiming VAWA protections in order to leverage a transfer to a more desirable dwelling unit. Is the PHA allowed to ask questions or to investigate the current whereabouts of the alleged perpetrator?

ANSWER     No, the PHA is not permitted to investigate the client’s claims for protections under the Violence Against Women Act (VAWA). The regulation governing permissible documentation requirements is at 24 Code of Federal Regulations (CFR) 5.2007(b). The rule states that the PHA may accept an individual’s verbal statement, or may request documentary evidence such as a certification (Form HUD-5382).

While the PHA may request third-party documentation if there is conflicting evidence (for example, when two household members each claim to be the victim), the PHA cannot investigate further. The staff member’s suspicion does not rise to the level of reliable conflicting evidence.

Here is an excerpt from Notice PIH 2017-08:

PHAs and owners are prohibited from conducting further fact finding for the purpose of trying to verify the “validity” of an applicant or tenant’s victim status. For example, PHAs and owners are prohibited from conducting interviews with neighbors or employers to determine if the applicant or tenant is “really” a victim of domestic violence, dating violence, sexual assault or stalking. Doing so would be in violation of the documentation requirements of the VAWA final rule and may result in a violation of the victim confidentiality requirements of the VAWA final rule.

However, if the PHA or owner already has or regularly receives reliable information that conflicts with the submitted documentation the PHA may require third-party documentation of victim status, based on information outside of the submitted documentation. Examples of reliable information include surveillance footage, police report(s), and other verifiable information. This information must not be collected for the purpose of discrediting claims for VAWA protections, but may be collected for other legitimate reasons; such as addressing safety in the community.

Are you a PIH Alert subscriber? Every Friday, the PIH Alert includes one frequently asked question (FAQ) submitted by our readers. Sign up today for a free 30-day trial subscription! Email [email protected] to get started. To submit your question, email Annie Stevenson at [email protected] with the subject line "FAQ Friday."

Topics: PIH Alert, Program News and Notices, Q&A, VAWA

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