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Should I Be a Real Estate Developer?

Posted by NMA on Jun 26, 2017 10:51:46 AM

Should I Be a Real Estate Developer?

Over the span of 20 years, David A. Northern, Sr., has established a distinguished career in federal housing assistance programs including urban planning and policy development. He is currently the executive director/chief executive officer at the Lake County Housing Authority. Building on more than two decades of experience in housing development and policy, Preston Prince took the helm of the Fresno Housing Authority in 2007, following six years as executive director of the Aurora, Colorado Housing Authority. Together, David and Preston will be presenting the following session at The Housing Conference in Boston this August.

Executive Leadership for Performance Excellence

Should I Be a Real Estate Developer? Creating a Strategy That Best Fits My Organization
Presenters:
David Northern, Executive Director, Lake County Housing Authority
Preston Prince, CEO, Fresno Housing Authority

Public housing authorities face aging housing stock, diminished funding, and growing community needs. Diversifying one's portfolio is easier said than done. Two industry leaders will facilitate a conversation on how to create a development strategy, manage board engagement through difficult decisions, minimize risk and maximize return through partnerships, and foster a corporate culture that thrives under change.

Learn more

Topics: The Housing Conference

Big Changes to the PBV Program

Posted by NMA on Jun 22, 2017 7:00:00 AM

HOTMA and RAD Changes
HOTMA and RAD changesOn January 18, 2017, HUD published a Federal Register Notice implementing several of the major provisions of the Housing Opportunity Through Modernization Act (HOTMA). Provisions of this notice impact both the standard and RAD project-based voucher (PBV) programs. The important thing to note about this notice is that the effective date was April 18, 2017. This means that whether or not some of the major provisions apply to your project depends on when the project’s PBV HAP contract was signed.

  • Both standard and RAD projects with PBV HAP contracts in place prior to 4/18/17 are “pre-HOTMA” projects
  • Both standard and RAD projects with PBV HAP contracts executed on or after April 18, 2017 are subject to the new requirements

Further if your PBV units are public housing conversions to RAD PBV, another important notice was released on January 19, 2017. Notice PIH 2012-32, REV-3 revised the existing RAD notice (PIH 2012-32, REV-2) that had been in effect since June 15, 2015.

  • All programmatic requirements in REV-3 were effective 1/19/17
  • Properties that closed before 1/19/17 are subject to REV-2 of the notice

Taken together, this means that there are some very important dates in PBV program, particularly if your units are RAD PBV:

  • For both standard and RAD PBV projects:
    • PHAs with HAP contracts effective prior to 4/18/17 are pre-HOTMA (although the may adopt certain aspects of HOTMA prospectively)
    • PHAs with HAP contracts effective on or after 4/18/17 are post-HOTMA and fall under FR Notice 1/18/17
  • For RAD PBV projects only:
    • PHAs who closed their RAD deal prior to 1/19/17 fall under REV-2 of Notice PIH 2012-32
    • PHAs who closed their RAD deal on or after 1/19/17 fall under REV-3 of Notice PIH 2012-32

Cap on Assisted Units
Let’s look at one area that effected by these dates - the number of units in your project that may receive PBV assistance.

For the standard PBV program, HOTMA changes the number of units that may be assisted in a project.

  • For pre-HOTMA projects, no more than 25 percent of the units (assisted or unassisted) in the project can receive PBV assistance, unless the project has excepted units
  • For projects that fall under HOTMA requirements, HOTMA changed the cap to no more than the greater of 25 units or 25 percent of units in a project, unless the project has excepted units
Note: The definition of excepted units also changed, which will be discussed more later.

What if your PHA has RAD PBV units?
  • Under REV-2 of Notice PIH 2012-32, the cap on the number of PBV units in a project is 50 percent, unless the project has excepted units
  • REV-3 of Notice PIH 2012-32 eliminated the cap on the number of PBV units entirely so excepted units no longer apply to these projects since 100 percent of units in a project may now be RAD PBV

Excepted Units
As noted above, HOTMA also changed the definition of excepted units. Pre-HOTMA PBV HAP contracts (both RAD and standard) follow the “old” statutory PBV requirements found at 24 983.56(b)(2)(ii). Projects with HAP contract executed on or after 4/18/17 (in this case just standard PBV projects since the RAD PBV cap was eliminated) follow the new requirements that were implemented as a result of HOTMA.

Under the “old” statutory requirements, for both standard and RAD projects, the cap did not apply to units for:

  • Elderly and/or disabled families
  • Families receiving supportive services
    • To qualify, the family must have at least one member receiving at least one qualifying supportive service (the PHA may not require participation in medical or disability-related services other than drug and alcohol treatment)

Under the new HOTMA provisions, for standard PBV projects, units that are not subject to the cap include:

  • Units that are exclusively for elderly families
  • Units that are for households eligible for supportive services available to all families receiving PBV assistance in the project, although the family is not required to accept or receive such services
  • Units where the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five-Year estimates

Supportive Services
When it comes to excepted units, the big change under HOTMA is that it modified the supportive services component to make it optional. Now, in order to meet this exception, the PHA must make supportive services reasonably available to families at the project, but the PHA may not require participation as a condition of living in an excepted unit. Remember under the pre-HOTMA requirements a family must have at least one member receiving at least one qualifying supportive service to qualify.

Projects under the old pre-HOTMA regulations (PBV HAP contracts executed prior to 4/18/17) may continue to follow the “old” regulations and require families to receive at least one supportive service. However, HOTMA allows the PHA and owner to mutually agree to change the HAP contract and make supportive services optional. The change can only be made if it would not jeopardize an assisted family’s eligibility for continued assistance. So PHAs with projects that have excepted units for supportive services that fall under the old requirements have a decision to make – they can either continue to make supportive services mandatory and monitor families who receive them or they can, by mutual agreement with the owner, make them optional. The PHA cannot eliminate supportive services entirely at these developments.

FSS and PBV Supportive Services
A very popular type of supportive service that many PHAs couple with PBV is the Family Self Sufficiency (FSS) program. Under both the “old” and “new” PBV regulations, if the family enrolls in FSS and does not comply with their contract of participation, the family must vacate the unit.

  • Federal Register Notice 1/18/17 states: If the FSS family fails to successfully complete the FSS contract of participation or supportive services objective and consequently is no longer eligible for the supportive services, the family must vacate the unit within a reasonable period of time
  • 24 CFR 983.56(b)(2)(ii)(B) states: If a family in an excepted unit fails without good cause to complete its FSS contract of participation or if the family fails to complete the supportive services requirement as outlined in the PHA administrative plan, the PHA will take the actions provided under 983.262(d), and the owner may terminate the lease in accordance with 983.257(c).

While the current termination regulations at 24 CFR 982.552(c)(1)(viii) allow the PHA to adopt a discretionary termination in the administrative plan for failure comply without good cause with the FSS contract of participation, the 12/29/14 Federal Register Notice on FSS waivers and alternative requirements states that "housing assistance may not be terminated or withheld as a consequence of failure to complete the FSS contractor participation.” In the situation where a PBV family participating in FSS does not comply with their FSS contract of participation, the PBV regulations require that the family’s tenancy in the PBV unit is terminated, but the PHA could not terminate the family’s assistance.

Questions about HOTMA implementation? Join senior trainer Samantha Sowards for our upcoming Housing Help Session, Changes to the PBV Program, where she will discuss HUD's HOTMA implementation notice and its affects on the project-based voucher (PBV) program.  

Topics: FSS, HOTMA, PBV, RAD

Newly Available: NMA's Model EIV Use and Security Policies

Posted by NMA on Jun 21, 2017 7:06:00 AM

EIV Use and Security PoliciesNMA is pleased to announce the debut of the NMA Model EIV Use and Security Policies for HUD’s multifamily housing programs! These policies make an excellent companion for the NMA Model Tenant Selection Plan (TSP) and Guide, which joined our existing family of model policies, including the model administrative plan, the model ACOP, and the model FSS action plan, earlier this year.

For those developments participating in HUD's multifamily program, the EIV use and security policies provide guidance on the protocol for the use of EIV information and printed reports, as well as the rules for maintaining tenant privacy and document security. With our user-friendly model policies, owners of project-based rental assistance (PBRA) projects will not only be certain they have current and compliant policies, but also potentially save hundreds of hours of work.

Learn more

 

Topics: books and revision services, EIV, PBRA, Program News and Notices

Ask questions and get best practice tips for hearings

Posted by NMA on Jun 7, 2017 12:51:40 PM

The Housing Conference | August 21-22 | Boston, MA

Do you have questions about the hearings process at your housing agency? At The Housing Conference this August in Boston, attendees will have the opportunity to sign up for 30-minute Q&A sessions on the administrative hearing process.Get the latest updates on:

  • HUD changes to the public housing hearing process
  • Changes to PHA decisions based on arrests and criminal records
  • Take templates for:
    • Writing notices and hearing decisions
    • Hearing officer evaluations
  • Bring samples of your hearing decisions and notices for a quick review
  • Consulting packages can be arranged for complicated or multiple cases 
  • Any information provided at the mini-consult is purely for instructional purposes only and is not legal advice
These free 30-minute sessions are included with every conference registration (limit 1 per attendee). All registered attendees are also invited to reserve a free, one-hour Q&A session with one of our NMA experts, including Nan herself (limit 1 per attendee). If you’re registered for the conference and want to sign up for a hearing 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!

Topics: The Housing Conference

Register now for the latest guidance

Posted by NMA on May 31, 2017 12:12:19 PM

Housing Help Sessions

What is a Housing Help Session, you ask? Our longtime customers will remember them previously known as Lunch ‘n’ Learns. They’re a very popular way to get the latest program guidance in a convenient two-hour online session.

Following is the schedule of Housing Help Sessions for summer 2017. The links below will take you to the registration page.


DATE CATEGORY TOPIC HOST
Fri. 6/30 VAWA Session The Violence Against Women Act (VAWA) 2013
  • Learn what's new for your agency in VAWA 2013
  • Understand VAWA's basic requirements, including notification, confidentiality, and how VAWA applies to both applicants and participants
  • PIH Alert subscribers save $30 on registration
Annie Stevenson
Fri. 7/14 PBV Session Changes to the PBV Program under HOTMA
  • Learn how HUD's HOTMA implementation notice affects the project-based voucher (PBV) program
  • Major changes include when the PHA inspects units, the number of PBV units in the project, the definition of excepted units, the definition of PHA-owned units, and the length of the PBV HAP contract
  • PIH Alert subscribers save $30 on registration
Samantha Sowards

Topics: HOTMA, Housing Help Sessions, PBV, PIH Alert, Program News and Notices, Trainers and Consultants, VAWA

HUD publishes final rule on civil penalties

Posted by NMA on May 30, 2017 1:33:15 PM

HUD publishes final rule on civil penalties

Today in the Federal Register, the Department of Housing and Urban Development (HUD) published a final rule amending HUD’s civil monetary penalty (CMP) regulations.

The rule makes final an interim rule published in June of last year, which included a new methodology for calculating civil money penalties, starting with a “catch up” adjustment correcting previous inaccuracies.

The final rule also provides for 2017 inflation adjustments for civil monetary penalty amounts. While the rule applies across a variety of HUD offices and programs, a few key parts may be of interest to PHAs:

  • 24 CFR 28.10, which covers the basis for civil penalties and assessments for those who make false claims against federal authorities or their agents, has been revised to state that a civil penalty of not more than $10,957 may be imposed for making such claims.
  • 24 CFR 30.25 states that the maximum penalty concerning certain prohibited conduct for applicants of assistance to HUD programs is $19,246 for each violation.
  • Under 24 CFR 30.65, the maximum penalty for failure to disclose lead-based paint hazards is $17,047 for each violation.
  • The maximum penalty for violations listed for Section 8 owners under 24 CFR 30.80 is $37,396 for each violation.

Civil penalties for Fair Housing Act cases have also been revised, as listed in 24 CFR 180.671:

  • If the respondent has not committed any prior discriminatory housing practice, the maximum amount of civil penalty is $20,111.
  • If the respondent has committed only one prior discriminatory housing practice within the past five years, the maximum civil penalty is $50,276.

If the respondent committed two or more within the past seven years, the maximum amount is $100,554.

NMA can bring standard or customized fair housing training to your agency onsite. Email sales@nanmckay.com for details.

Topics: fair housing, final rule, Program News and Notices, lead-based paint

Register early, prices go up $50 after June 30

Posted by NMA on May 30, 2017 11:15:15 AM

The Housing Conference | August 21-22 | Boston, MAOne month left for early bird discounts! Register now for our fifth annual national housing conference this August in Boston and save $50 on each registration.

Plus, you'll have the opportunity to reserve a free hour of discussion with an industry expert on the topic of your choice. These one-on-one Q&A sessions are being booked on a first-come, first-served basis to registered attendees only, and they always fill up fast, so register now to reserve your spot!

The Housing Conference in Boston, Massachusetts

Visit our website to register!

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.

Topics: PBV, Program News and Notices, RAD, The Housing Conference

HUD publishes guidance notice for VAWA 2013

Posted by NMA on May 22, 2017 12:49:09 PM

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.

Topics: domestic violence, final rule, Mod Rehab, PBV, PIH notices, Program News and Notices, VAWA

HUD requests comments on regulatory reform

Posted by NMA on May 15, 2017 11:04:36 AM

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.

Topics: Program News and Notices

HUD reopens comment period on MTW expansion

Posted by NMA on May 4, 2017 12:03:12 PM

HUD reopens comment period on 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.

Topics: FSS, MTW, Program News and Notices, RAD

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