Affordable Housing News

PBV and RAD PBV

Posted by NMA on Aug 10, 2017 5:00:00 AM

The Housing Conference | August 21-22, 2017 | Boston, MA

With an exceptional knowledge of HUD regulations and longstanding expertise in providing a wide range of technical assistance, management training, and on-site expertise, NMA senior trainer and consultant Cydney Jones recently headed operations for NMA’s contract with one of the largest public housing authorities in the country.

With nearly four decades of affordable housing experience, Janice Stewart is regarded as one of the industry’s most knowledgeable and charismatic leaders. She is an accomplished operation executive with exceptional knowledge of administration and operation of all aspects of the HCV program, including MTW, FSS, Homeownership, Family Unification, PBV, RAD PBV, Welfare to Work, Mainstream Disability and Mobility Counseling. Janice has implemented some of the industry’s most innovative programs, including Owner Excellence Programs and many more. Cydney and Janice will be presenting the following session at the The Housing Conference in Boston, MA on August 21-22, 2017.

Best Practices for Program Success

PBV and RAD PBV

Presenters:
Cydney Jones, Senior Consultant and Trainer, NMA
Janice Stewart, Trainer and Consultant, NMA

The project-based voucher (PBV) program is growing by leaps and bounds due to the implementation of the Rental Assistance Demonstration (RAD) program, and so is HUD’s spotlight on these new programs. During this session, our expert trainers will discuss the best ways to manage your PBV program for maximum effectiveness and compliance. Within the last year there have been many changes to the PBV program due to the implementation of the Housing Opportunities Through Modernization Act (HOTMA). Knowing these changes and how they affect your program is paramount to fully maximizing the PBV units under contract and having a compliant program. Let us help you avoid the pitfalls of RAD PBV by sharing some of the industry “do’s” and “don’ts” in the PBV world.

 

Learn more

 

The Housing Conference, presented by NMA, 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.

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

NMA's Seminar Calendar for Q4 2017 is Now Available!

Posted by NMA on Jul 27, 2017 1:55:45 PM

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

Start planning your fall 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 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 sales@nanmckay.com for more information about our affordable onsite training options.

Topics: books and revision services, PBV, Program News and Notices, VAWA

HUD Publishes Technical Corrections to HOTMA Implementation Notice

Posted by NMA on Jul 17, 2017 9:08:21 AM

technical corrects HOTMA implementation noticeOn Friday in the Federal Register, HUD’s Office of Public and Indian Housing (PIH) published several technical corrections and clarifications to the Housing Choice Voucher (HCV) provisions of the Housing Opportunity Through Modernization Act (HOTMA) it had issued on January 18. These changes are in part based on public comments from the first notice. In brief, the corrections and clarifications are as follows:

  • The original notice used the phrase ‘‘50 percent or more’’ to define a level of control that constitutes a controlling interest and would thus indicate PHA ownership. The threshold for control should be ‘‘more than 50 percent’’ rather than ‘‘50 percent or more.’’
  • The original notice inadvertently excluded from the list of excepted units those units that have received assistance under Section 201 of the Housing and Community Development Amendments of 1978. Today’s notice adds the Flexible Subsidy program in both lists.
  • The original document inadvertently referred to the ‘‘site of the original public housing development’’ instead of ‘‘site of the original development.’’ To avoid any indication that this requirement is only applicable to former public housing units as opposed to all the covered forms of HUD assistance, ‘‘public housing’’ is removed from this part.
  • The original guidance states that ‘‘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…and the PHA shall cease paying housing assistance payments on behalf of the ineligible family.’’ To avoid misinterpretation that could imply that a PHA could, under HOTMA, establish a supportive services exception based exclusively on participation in FSS, rather than in combination with another supportive services option where participation is voluntary, and to avoid being misconstrued that this conflicts with current FSS requirements, which do not allow termination from the housing assistance program for failure to complete the FSS contract of participation, HUD has amended this language to eliminate the ambiguities.
  • The definition of new construction units was previously inconsistent in the January 18 guidance, and has been updated to be both correct and consistent in sections referring to project-based voucher (PBV) assistance.
  • HUD stated in the original document that in order to avail itself of the exemption of the competitive award of PBVs, the PHA must “be planning rehabilitation or construction on the project with a minimum of $25,000 per unit in hard costs.” However, because this would not be applicable in a situation where the PHA is replacing a public housing site or property, or a site with PHA-owned or controlled existing housing, several corrections to Section H of the notice have been made.
  • Other typographical errors have also been corrected, as specified in today’s notice.

In a separate correction entry for the January 18 notice, PIH also noted that the original document had been published in the Proposed Rules section of the Federal Register, when it should have appeared in the Rules section. The effective date for the original notice—April 18, 2017—remains unchanged.

Got questions about HOTMA? All of NMA's HCV classes have been updated for the new payment standard rules. Register at least 45 days in advance for most seminars and you’ll receive a 10 percent discount. (The discount does not apply to seminars hosted by housing authorities or associations.)

Topics: HOTMA, HQS, inspections, PBV, PIH notices, Program News and Notices, rent calculation, seniors and elderly, VASH, veterans, persons with disabilities

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

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

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

Save on two Boston housing seminars this August

Posted by NMA on May 3, 2017 10:16:52 AM

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!

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

PIH issues 2017 HCV funding guidance

Posted by NMA on Apr 27, 2017 12:35:49 PM

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.

Topics: appropriations, PBV, PIH notices, portability, Program News and Notices

Register now for free Q&As at The Housing Conference

Posted by NMA on Apr 11, 2017 12:39:24 PM

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!

Topics: capital fund, CDBG, fair housing, financial management, FSS, HQS, inspections, LIHTC, MTW, NMA Housing Awards, PBRA, PBV, Program News and Notices, RAD, SEMAP, The Housing Conference, UPCS-V

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