HOTMA and RAD Changes
On 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

• 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.  

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.

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!

The tentative agenda for our fifth annual national housing conference is now available, 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 (panel session)
• Best practices in managing FSS, plus how to start a new FSS program in PBRA (panel session)
• Best practices in PBRA and RAD PBRA (panel session)
• Best practices in PBV and RAD PBV
• Best practices in SEMAP (hands-on session)
• CDBG-DR and resilience
• Effective waitlist management
• How to deal with generational differences in the workplace
• Nan McKay's annual legislative update, including new rules and notices
• Public/private partnerships and grant funds (panel session)
• Quality control
• Rent reasonableness
• Roundtable panel session with NMA Housing Awards winners
• Succession planning
• Understanding tax credits and RAD finance
• What you need to know before applying for MTW
• What you need to know if you're a new executive director
• What's new in capital fund finance
• What's new in fair housing

Visit our website to register!

We're very excited to announce the debut of the NMA Model Tenant Selection Plan (TSP) and Guide! The model TSP joins our existing family of model policies, including the model administrative plan, the model ACOP, and the model FSS action plan.

In HUD's multifamily program, owners of project-based rental assistance (PBRA) projects are required to develop and make public a tenant selection plan (TSP) which contains each project's eligibility and admissions policies. Our new model TSP covers all required and recommended topics from HUD Handbook 4350.3, REV-1, CHG-4, as well as a guide to help with discretionary decisions.

The NMA model TSP also includes all the requirements of the Rental Assistance Demonstration (RAD) program found in Notice PIH 2012-32, REV-3. If your housing authority is converting to PBRA under RAD, we strongly recommend that you consider purchasing our model tenant selection plan for two reasons. First, it's the only model TSP available that includes these required RAD policies. Second, as with our other policies, the model TSP offers a revision service option.

What does that mean? At least once a year, and more frequently if HUD releases major regulatory changes, the NMA team of subject matter experts updates our model policies so that you always have the most current and correct policies for your affordable housing program. We send you the revisions with with user-friendly instructions to help you insert them in your existing TSP as needed and provide any necessary guidance to assist you in discretionary areas.

If you'd like additional assistance, we can also provide on-site consulting with our policy experts. If you're transitioning from an ACOP to a TSP under RAD, this is an excellent way to ensure that your new policies are current and compliant. Your TSP needs to be ready to go immediately after the RAD conversion is finalized. Our team of experts can get you there! For more information, visit our website.

Rendering of the Selma Revitalization Development project in Fresno, where the Fresno Housing Authority is tearing down an old Selma housing development for a clean start on a revitalization project that will double the number of affordable apartments on the property.

As president and CEO of the Housing Authority of the City of Austin, Michael Gerber has more than 20 years of experience in the public sector, and also currently serves as the executive director of Austin Pathways, overseeing all administrative and programmatic activities.

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. Michael and Preston will be presenting the following session at The Housing Conference in San Antonio next month.

Executive Leadership for Performance Excellence

Building Strong Communities through Partnerships: Case Studies
Presenters:
Michael Gerber, President and CEO, Housing Authority of the City of Austin
Preston Prince, CEO, Fresno Housing Authority

Housing authorities are judged by output indicators. And yet, housing authorities are community change agents, not just managers of housing and programs, charged with the responsibility to transform neighborhoods and to increase opportunities for low-income families. Participate in a lively conversation that will highlight how partnerships help the housing authorities in Austin, Texas and Fresno, California to achieve successful outcomes. Successful partnerships to be discussed will be in a wide variety of areas, including ending homelessness, increasing academic achievement for children, creating new development, making programs efficient, boosting employment and wage progression, improving health, and enhancing advocacy.

The Housing Conference, presented by NMA and HAI Group, will spotlight three tracks: an executive track, a regulatory track, and a best practices track. Go here to view a list of the session descriptions that have been published so far.

Patti Zatarain-Menard, the nation's foremost expert on family self-sufficiency, will be leading a session on FSS at The Housing Conference this year

In her capacity with the San Diego Housing Commission, Patti Zatarain-Menard designed, developed, and implemented one of the nation’s largest and most successful family self-sufficiency programs.

For the past two decades, she has worked with Nan McKay & Associates conducting training seminars nationally and undertaking consulting assignments on federally subsidized housing. You can read her five tips for a successful FSS program here. Patti will be presenting the following session at The Housing Conference this September in San Antonio, Texas.

Best Practices for Program Success

Take FSS and ROSS Programs to a New High
Presenter, Patti Zatarain-Menard

• Improve the HCV and public housing bottom line with these two self-sufficiency programs
• Reduce legal vulnerability by improving FSS and ROSS policies
• Be ready for FSS and ROSS new program evaluation from HUD, coming in 2017—no more logic model!

In this interactive session, you'll learn how to calculate your likely return on investment in the FSS and ROSS programs with key, concrete steps. Patti Zatarain-Menard, the nation's foremost expert in FSS, will detail the policies needed to ensure high quality self-sufficiency services and reduce possible legal challenges. She will introduce, for the first time, HUD's proposed FSS and ROSS program evaluation—giving you the lead in self-sufficiency compliance and excellence for the FY 2017 rollout. Finally, she'll set all of this in a quick review of HUD's actual requirements for these programs, including a fast-paced Q&A to catch any concerns.

Patti will also be available for free one-on-one Q&A sessions at the The Housing Conference this September in San Antonio, Texas. Registered participants can sign up on a first-come, first-served basis now. Register online or email sales@nanmckay.com for more information.

Just one week left for early bird pricing! Register by June 30 to receive the best rates for The Housing Conference.

The updated agenda is now available here. Industry experts will present sessions and panels on the latest topics in affordable housing, including:

• Affirmatively furthering fair housing (AFFH) final rule
• Community partnerships
• Community Development Block Grants (CDBG)
• Creating an ongoing leasing plan
• Family self-sufficiency and resident opportunities
• Insurance for development projects
• Rent reasonableness
• Technology strategies
• Strategies for success in HCV audits
• Upcoming legislation
• New inspection protocol for the voucher program
• Best practices in managing portability
• Best practices in managing VASH vouchers
• Best practices in preventing shortfall
• Best practices in public housing unit turnover and vacancy tracking
• RAD post-closing operational transition for PBRA and PBV
• What to consider before applying for the MTW program

Presented by NMA and HAI Group, this year's conference in San Antonio, Texas, will also feature a roundtable panel session with NMA Housing Awards winners.

The Housing Conference

• September 19–20, 2016
• San Antonio Marriott Riverwalk
• 889 East Market Street
• Register now and save $50 on each registration

Visit our website to register!

NMA's revision services team has been working hard to get the latest editions of our Master Books written, published, and shipped to you!

2016: COMING SOON! For the 2016 revision, the NMA Family Self-Sufficiency (FSS) Master Book has been brought current with all recent regulatory requirements and guidance, including:

• Expansion of the annual plan contents per Notice PIH 2015-18 on PHA plans
• Replacement of Notice PIH 2009-48 with Notice PIH 2015-12 on administering the community service and self-sufficiency requirement (CSSR)
• Deletion of references to the now obsolete certificate program per Federal Register 2/17/15
• Other changes and corrections for relevance, clarity, and ease of reading

2016: COMING SOON! For 2016, the NMA Public Housing Management (PHM) Master Book has been brought current with all recent regulatory requirements and guidance, in addition to expanding on useful information for public housing managers. Changes include:

• Information on the Rental Assistance Demonstration (RAD) program
• Expansion on the required contents of the PHA plan
• Deletion of references to temporary compliance assistance per the expiration of these policies
• Updates accounting for the flat rent requirements set forth in the 2014 appropriations act
• Revisions regarding Notice PIH 2015-12 on the community service and self-sufficiency requirement (CSSR)
• Other corrections and modifications for clarity and ease of reading

2016: COMING SOON! The 2016 edition of the NMA Uniform Physical Condition Standards (UPCS) CD has been brought current with all regulatory guidance, resources, and tools, including:

• The latest version of the RAPID DCD 4.0 software, current as of September 2015
• Additional information pertaining to the latest software, such as the most recent installation guide and instructions for scroll bar usage
• REAC’s most recent Compilation Bulletin, dated March 2015

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 sales@nanmckay.com to get started.

Yesterday the Obama administration released its proposed budget for federal fiscal year (FFY) 2017.

In a news release, Department of Housing and Urban Development (HUD) Secretary Julián Castro praised the HUD portion of the budget for its focus on securing quality housing for Americans, ending homelessness, making communities more resilient, protecting people from housing discrimination, and providing critical rental assistance:

HUD’s proposed budget was built on the values that we uphold as Americans. That our entire nation benefits when our children grow up in a community that’s full of promise, not problems. When a hard-working family is able to responsibly buy their first-home, put down roots, and build wealth. When homeless veterans are able to get the housing they need to succeed in the very nation they risked so much to protect. When every person gets a fair shot and a fair shake to achieve their dreams.

What does the Obama administration propose for the housing choice voucher (HCV) and public housing programs in 2017? The proposed budget for HUD requests a total of $20.9 billion for the HCV program, or not quite 1 percent less than it requested for 2016. The total breaks down this way:

• $18.4 billion for voucher renewals, or 0.6 percent more than was requested for 2016
• $110 million for tenant protection activities, 27 percent less than was requested for 2016
• $2 billion for administrative fees, or 3 percent less
• $110 million for renewal of vouchers for persons with disabilities under Section 811 of the Cranston-Gonzalez National Affordable Housing Act, or 2 percent more
• $60 million for the supportive housing program for homeless veterans, a 20 percent decrease from the amount provided the past several years
• $88 million for new vouchers for families with children who are experiencing homelessness
• $15 million for a new housing choice voucher mobility demonstration

As for the public housing program, the HUD portion of the proposed 2017 budget includes these requests:

• $1.87 billion for the capital fund, or about 5 percent less than requested for 2016
• $4.6 billion for the operating fund, or 0.7 percent less than was requested for 2016
• $200 million for Choice Neighborhoods, or 20 percent less

For the consolidated family self-sufficiency (FSS) program, the proposed budget includes $75 million for family self-sufficiency coordinators, 12 percent less than requested for 2016.

You will find the president's message to Congress here, a slide presentation of the proposed HUD budget here, a brief summary of it here, a press release about it here, links to the congressional justifications for the various parts of it here, and the appropriations language submitted to Congress here.

To stay updated on the latest program information, subscribe to the PIH Alert and receive a daily email with news and analysis for PHAs and housing professionals.