In a press release last week, the Department of Housing and Urban Development (HUD) issued a prepublication copy of the final rule streamlining administrative regulations for the housing choice voucher (HCV), project-based voucher (PBV), public housing, HOME, and multifamily (PBRA) housing programs. The streamlining final rule combines changes in the 2014 and 2015 appropriations acts, elements of HUD’s 2013 temporary compliance options, and other streamlining changes. It will become effective 30 days after publication in the Federal Register.

In response to the publication of the 99-page final rule, which includes regulatory changes in 14 different topic areas, Nan McKay & Associates (NMA) is pleased to announce we have reviewed all our seminars and updated them with new guidance as needed.

HCV seminars updated for the streamlining final rule:

• Blended Occupancy Management
• Developing & Managing Project-Based V0uchers (PBV)
• Fair Housing & Reasonable Accommodation
• HCV and Public Housing Rent Calculation
• HCV Eligibility
• HCV Housing Quality Standards (HQS)
• HCV Occupancy
• HCV Program Management
• HCV Rent Calculation
• HCV Specialist
• Hearing Officer Workshop
• RAD Project-Based Voucher (PBV) Specialist
• Rent Calc II: Hands-On Workshop

Public housing seminars updated for the streamlining final rule:

• Blended Occupancy Management
• Fair Housing & Reasonable Accommodation
• HCV and Public Housing Rent Calculation
• Hearing Officer Workshop
• Public Housing Eligibility
• Public Housing Management (PHM)
• Public Housing Occupancy
• Public Housing Rent Calculation
• Public Housing Specialist
• RAD Project-Based Voucher (PBV) Specialist
• Rent Calc II: Hands-On Workshop

Multifamily seminars updated for the streamlining final rule:

• Blended Occupancy Management
• Fair Housing & Reasonable Accommodation
• Multifamily Housing Specialist (MHS)

The streamlining final rule also includes several new policy options. Our technical writers and subject matter experts are in the process of revising our model ACOP and model administrative plan to include language and guidance for these new options. We are expediting those revisions for our subscribers and will be issuing them as quickly as possible.

Finally, the rule includes significant changes to the earned income disallowance. Due to those changes, the NMA Earned Income Disallowance (EID) Kit is being pulled from our classes and online store as we update it to comply with the new regulations.

We recognize that this is all a lot of new information to absorb. Remember, we're here to help! If you have any questions, you can get in touch with our team by emailing sales@nanmckay.com or calling us at (800) 783-3100.

Senior trainer Samantha Sowards has been a part of the NMA team since 2008. As NMA’s manager of curriculum development, Samantha oversees publications from concept and creation through the ongoing revision process, including NMA Master Books, model policies, and handbooks.

In a press release this morning, the Department of Housing and Urban Development (HUD) announced that it will soon be publishing a final rule streamlining administrative regulations for the public housing (PH), housing choice voucher (HCV), and multifamily housing programs.

The streamlining final rule combines changes in the 2014 and 2015 appropriations acts, elements of HUD’s 2013 temporary compliance options, and other streamlining changes. As you may recall, PIH published the proposed streamlining rule last year on January 6, 2015, and an interim rule on flat rents September 8, 2015.

Today's 99-page final rule includes revisions to the proposed rule and finalizes the regulations contained in the interim rule. Among numerous other changes, the streamlining final rule:

• Adopts two separate “dates of admission” for the HCV program, specifically the date of voucher issuance and the date of lease-up, for the purposes of verification of social security numbers.
• Does not allow for the use of actual past income that was included in the proposed rule, based on public comments that suggested it would have minimal streamlining benefits.
• Provides for a streamlined income determination for any fixed source of income, even if a person or family with a fixed source of income also has a non-fixed source of income, and requires that a full reexamination and redetermination of income must be performed every three years.
• Revises the earned income disallowance (EID) so that the benefit now applies for a straight 24-month period and PHAs are no longer obligated to track the number of months due to employment starts and stops. For families currently enrolled and participating in EID, the previous requirements will continue to apply. HUD will publish a separate notice with more information about the new administrative requirements.
• Authorizes PHAs to obtain third-party documentation of assets under $5,000 every three years.
• Provides PHAs with the option of making quarterly utility payments for reimbursements totaling $45 or less per quarter. If the PHA opts to do so, it must institute a hardship policy for tenants.
• Includes some but not all of the proposed changes to public housing grievance procedures. PHAs are no longer required to consult resident organizations before appointing a hearing officer, nor must they retain a redacted copy of each hearing decision to be made available to prospective complainants. In place of that requirement, they must maintain a log of hearing officer decisions. However, PHAs must still prepare a summary of any informal settlement, and either party to a grievance may request, at their own expense, that a transcript of a grievance hearing be prepared.
• Clarifies that if an alternative inspection method is used in the HCV program that employs sampling, PHAs may rely on that method only if HCV units are included in the population of units forming the basis of the sample.
• Specifies that PHAs may charge a reasonable housing quality standards (HQS) reinspection fee only if an owner states that a deficiency has been fixed and the deficiency is found during reinspection to persist, or if a reinspection conducted after the expiration of the timeframe for repairs reveals that the deficiency persists. It also specifies that any such fees collected must be used only for activities related to the provision of tenant-based assistance.

A prepublication copy of the final rule is posted here. It will become effective 30 days after publication in the Federal Register.

Keep up with housing industry news, trends, and notices with a subscription to NMA's PIH Alert. You'll receive a daily email filled with up-to-the-minute program changes, requirements, and assistance. Email sales@nanmckay.com for more information.

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.

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

2015: For 2015, the NMA Model Administrative Plan and Guide has been brought current with all recent regulatory requirements and guidance, including:

• The streamlining portability final rule, issued August 20, 2015, which includes changes to definitions, briefings, procedures, billing, and mandatory suspensions, among others
• The letter to executive directors dated September 15, 2015, which affects portability billing deadlines
• Changes to VAWA policy based on counsel from the National Housing Law Project
• Changes to policy on PHA-owned units in the project-based voucher program per Notice PIH 2015-05
• Removal of references to the certificate program due to the streamlining of 24 CFR Part 982
• Removal of outdated or expired guidance, such as the Protecting Tenants at Foreclosure Act and temporary compliance assistance
• Other minor modifications and clarifications to bring the content current with HUD regulations and guidance

2015: For 2015, the NMA Public Housing Master Book has been brought current with all recent regulatory requirements and guidance, including:

• Changes to the Community Service and Self-Sufficiency Requirement (CSSR) brought about by Notice PIH 2015-12
• Modifications regarding flat rent provisions set forth in the 2015 appropriations act, implemented in the Federal Register notice dated September 8, 2015 and Notice PIH 2015-13
• Updated citations to account for the final rule on affirmatively furthering fair housing
• Other modifications and corrections for clarification and wording

2015: The 2015 revision to the NMA Code of Federal Regulations on CD includes the following regulatory changes:

• Added 2 CFR Part 200 for the updated procurement regulations set forth by the joint interim final rule, “Federal Awarding Agency Regulatory Implementation of Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”
• Removed most of 24 CFR Part 85 regulations, except where stated that these regulations have been redesignated as 2 CFR Part 200
• Revised 24 CFR Part 982 regulations for the housing choice voucher program, which has had all obsolete references to the Section 8 rental assistance certificate program regulations removed throughout, in addition to several additions and revisions to account for the final rule on streamlining the portability process
• Made regulatory revisions to several parts of 24 CFR to account for the changes brought about by the final rule on affirmatively furthering fair housing

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.

Late yesterday HUD’s Office of Public and Indian Housing (PIH) issued Notice PIH 2015-04, announcing the expiration of four temporary streamlining options. The temporary options were first announced in Notice PIH 2013-03, and were extended through March 31, 2015 under Notice PIH 2013-26. Today’s notice announces that the temporary compliance options will expire as scheduled and that HUD will not be providing a further extension.

The options available under temporary compliance assistance were:

• Use of actual past income
• Family self-certification for assets worth up to $5,000
• Streamlined annual reexaminations for elderly and disabled families on fixed incomes
• PHA approval of exception payment standards up to 120 percent of fair market rent

As explained in the new notice, all four of the options are included in HUD’s January 6 streamlining proposed rule. Any or all of the options may be made permanent when a final rule is published. Meanwhile, PHAs may request regulatory waivers for good cause pursuant to Notice PIH 2013-20.

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. Have you entered our contest to win a free year’s subscription to the PIH Alert? Don’t delay, the contest ends March 19!

Subscribers to our annual revision service can expect to receive the latest version of the NMA Public Housing Master Book this week or next. If you have any questions about your subscription, please contact Laurie Durrett in our accounting department and she'll be happy to assist you.

The 2014 revision to the NMA Public Housing Master Book includes the addition of the following regulatory changes:

• Extensive additions regarding the new flat rent requirements mandated under the 2014 appropriations act and outlined in Notice PIH 2014-12 and its accompanying PIH-issued FAQs
• Updates to account for the issuance of Notice PIH 2013-26, which extends the temporary compliance provisions of 2013-03
• Updated language regarding nondiscrimination as outlined in Notice PIH 2014-20, which provides guidance on the equal access final rule
• Changes throughout the book for the Violence Against Women Reauthorization Act of 2013 (VAWA)
• A new section for service animals and assistance animals incorporating the latest guidance, including Notice FHEO 2013-1
• A revised definition for extremely low-income (ELI) family, as per the Federal Register notice published June 25, 2014
• Updates to the list of federally mandated income exclusions as published in the Federal Register, as well as other changes required by the HERA final rule
• Additions, updates, and corrections to important HUD references
• Minor modifications for clarification and wording

Looking for further guidance? Don’t miss our recent blog series on the new flat rent requirements, in which Annie Stevenson, author of the daily PIH Alert, analyzes how the new regulations will affect housing authorities and the families they serve.

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.

Today in the Federal Register, HUD published a proposed rule aimed at streamlining administrative regulations for the public housing (PH), housing choice voucher (HCV), and multifamily housing programs. The rule combines changes in the 2014 appropriations act, elements of HUD’s 2013 temporary compliance options, and other streamlining changes. Comments are due by March 9, 2015.

2014 Appropriations Act Changes

HUD has issued interim guidance on the appropriations act changes in Notice PIH 2014-12 and in a Federal Register notice published on June 25, 2014. Today’s notice opens the formal rulemaking process for regulatory changes in the determination of PH flat rents, HCV utility allowances and biennial inspections, and the definition of extremely low income. HUD plans to publish a separate notice on the act’s provision for PHA consortia.

Temporary Compliance Assistance

The proposed rule would give PHAs the option to permanently adopt one or more of the streamlining strategies first offered in Notice PIH 2013-03 (and later extended by Notice PIH 2013-26). The options applicable to both the PH and HCV programs include:

• Use of actual past income for rent calculations
• Family self-certification of assets when total assets do not exceed $5,000 in value
• Streamlined annual reexaminations for elderly and disabled families with fixed incomes

The proposed rule would also make permanent the PHA option of approving exception payment standards in the HCV program. PHAs could approve exceptions between 111 percent and 120 percent of fair market rent (FMR), bypassing the field office approval process.

Additional Streamlining Measures

Today’s notice also contains a number of proposed regulatory changes intended to reduce program costs and/or administrative burdens. The changes applicable to the PH, HCV, and multifamily programs include:

• Revision of the rule on documentation of social security numbers (SSNs). The proposed rule would permit PHAs to defer documentation for children less than 6 years of age in applicant families for up to 90 days after admission, in cases where the child does not yet have an SSN.
• Exclusion of mandatory fees from student financial aid, where applicable. While this change is categorized as applicable to all programs, student financial aid is currently excluded from annual income in the PH program.

Proposed changes applicable to the PH and HCV programs include:

• A provision for issuing utility reimbursement payments quarterly, rather than monthly, when the quarterly total does not exceed $20.
• Revisions to the regulations governing the earned income disallowance (EID). The proposed rule would limit EID eligibility to 24 consecutive months, eliminating the need for tracking the exclusion over a period of up to 48 months. The rule would retain the current 12-month full exclusion period, and would then offer PHAs the flexibility to phase in a rent increase by excluding at least 50 percent of increased income for an additional 12 months, for family members who remain continuously employed. Note: the current EID rules would remain in effect for participants assisted under the Housing Opportunities for Persons with AIDS (HOPWA) program.

The notice also proposes the following changes applicable to only the PH program:

• Substitution of flat rent for “public housing maximum rent” in the calculation of prorated rent for mixed families. The rule would also correct a calculation anomaly that causes prorated rent to decrease when a mixed family’s income exceeds the maximum rent amount.
• The option of accepting resident self-certification of compliance with community service requirements.
• Streamlining and simplification of grievance procedures.
• A clarification that the number of vacant units eligible for operating subsidy is limited to 3 percent of total units, on a project-by-project basis.

Finally, the proposed rule includes the following changes applicable to the HCV program:

• An option to limit move-ins to certain days of the month, such as the first. This option would reduce the need for prorated payments and would eliminate overlapping payments.
• The option to charge reinspection fees to owners, when the owner reports that an HQS violation has been corrected but inspection reveals that the violation still exists. The optional reasonable fee could be charged to owners, but not to program applicants or participants.
• Revision of the regulations governing utility allowance schedules. The proposed rule would permit PHAs to classify units as “attached” or “detached,” reducing the number of unit types for which allowances must be calculated.

Keep up with housing industry news, trends, and notices with a subscription to NMA's PIH Alert. You'll receive a daily email filled with up-to-the-minute program changes, requirements, and assistance. Email sales@nanmckay.com for more information.

Subscribers to our annual revision service can expect to receive the latest version of the NMA Housing Choice Voucher (HCV) Master Book this week or next. If you have any questions about your subscription, please contact Meg Kennedy in our accounting department and she'll be happy to assist you.

In 2014, the HCV Master Book has been brought current with all recent HUD requirements and guidance, including:

• Extensive revisions regarding project-based vouchers (PBVs) as codified by the HERA final rule
• Modifications throughout the book for the Violence Against Women Reauthorization Act of 2013 (VAWA)
• Updates to account for the issuance of Notice PIH 2013-26, which extends the temporary compliance provisions of 2013-03
• Extensive changes concerning income exclusions as per Notice PIH 2013-04 and the list of federally mandated income exclusions as published in the Federal Register on May 20, 2014
• New information regarding biennial inspections and utility allowances as set forth in the Federal Register notice published June 25, 2014
• A revised definition for extremely low-income (ELI) family, as per the Federal Register notice published June 25, 2014
• Updates and corrections to important HUD references

Looking for further guidance? Don't miss industry expert Michael Petragallo's insightful discussion of what the new HQS regulations could mean for your PHA.

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.

Subscribers to our annual revision service can expect to receive the latest updates to the NMA Model Admissions and Continued Occupancy Policy (ACOP) and Guide this week. If you have any questions about your subscription, please contact Meg Kennedy in our accounting department and she'll be happy to assist you.

Most of the changes for the 2014 revision were made necessary by the publication of the Federal Register notice regarding the Violence Against Women Reauthorization Act of 2013 (VAWA), issued August 6, 2013. The notice stated that the provisions of VAWA 2013 were not self-implementing, and that HUD would issue rules or guidance at a later date. However, on September 30, 2013, HUD sent a letter to PHA executive directors which called for immediate policy development addressing certain provisions of VAWA 2013.

In response to HUD’s letter, NMA has developed transitional model policies to assist our subscribers in meeting this HUD requirement. Please note that once HUD issues the expected guidance, additional changes may be required. In addition to the extensive VAWA changes, the 2014 revision has been brought current with all recent regulatory requirements and guidance and also includes:

• Extensive policy changes concerning flat rent requirements mandated under the 2014 appropriations act and outlined in Notice PIH 2014-12 and its accompanying PIH-issued FAQs
• Updated policies regarding service animals, assistance animals, and pets, incorporating the latest guidance including Notice FHEO 2013-1
• A revised definition for extremely low-income (ELI) family, as per the Federal Register notice published June 25, 2014
• Updates to account for the issuance of Notice PIH 2013-26, which extends the temporary compliance provisions of 2013-03
• Updates to the list of federally mandated income exclusions as published in the Federal Register
• Minor modifications for clarification and wording

Looking for further guidance? NMA can help rewrite your ACOP in only three days.

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.

We’re pleased to announce the release of NMA's seminar calendar for the fourth quarter of 2014. You can view a list of the training opportunities that Nan McKay and Associates is offering from now through the end of December on this page at our website. Start planning your autumn 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.) Our seminars have been updated for:

• Notice FHEO 2013-1, issued April 30, 2013, which provided new guidance regarding service animals, assistance animals, and pets
• The Federal Register notice published August 6, 2013, which provided an overview of the Violence against Women Reauthorization Act of 2013 (VAWA 2013) as it applies to HUD programs
• The final capital fund rule, published October 24, 2013
• Notice PIH 2013-26, issued November 5, 2013, which extends the temporary compliance provisions of 2013-03
• Notice PIH 2014-12, the flat rent interim notice mandated by the 2014 appropriations act, issued May 20, 2014
• The Federal Register notice implementing other program changes contained in the 2014 appropriations act, including biennial inspections, issued June 25, 2014
• The final rule implementing changes from the Housing and Economic Recovery Act of 2008 (HERA), published June 25, 2014
• And more!

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.