Affordable Housing News

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

Agenda now available for 2017 national conference

Posted by NMA on Mar 13, 2017 11:39:22 AM

The Housing Conference | August 21-22, 2017 | Boston, MAThe 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!

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

Registration now open for 2017 national conference

Posted by NMA on Feb 2, 2017 4:11:45 PM

The Housing Conference in Boston, 2017Registration for The Housing Conference is now open! All of us at Nan McKay & Associates are thrilled to be taking our fifth annual national housing conference to Boston, MA.

We have a fantastic schedule of sessions underway, including topics like how to manage your PBV and PBRA programs, streamlining your HCV program, multigenerational workplaces and succession planning, what's new in RAD, applying to be an MTW agency, CDBG-DR and resilience, best practices for wait lists, and much, much more. As in previous years, we'll also be announcing the winners of the 2017 NMA Housing Awards. Stay tuned for the agenda, which will be available very soon. 

The Housing Conference

Visit our website to register!

Topics: CDBG, MTW, NMA Housing Awards, Partnerships, PBRA, PBV, Program News and Notices, RAD, streamlining, The Housing Conference

HUD publishes HOTMA implementation notice

Posted by NMA on Jan 20, 2017 1:44:27 PM

HOTMA implementation notice

On Wednesday in the Federal Register, HUD's Office of Public and Indian Housing (PIH) published a notice implementing several of the provisions of the Housing Opportunity through Modernization Act (HOTMA) that impact the housing choice voucher (HCV) and project-based voucher (PBV) programs, in addition to requesting comments on both current and future implementing requirements. The HOTMA implementation notice is broken down topic-by-topic, followed by specific questions for comment in each corresponding section. The first sections of the notice address:

  • Allowing PHAs to approve tenancy and commence HAP payments when a unit fails HQS, but only if it has non-life-threatening deficiencies.
  • Authorizing occupancy prior to inspection if the unit passed under an alternate inspection within the previous 24 months.
  • Amending the definition of units owned by the PHA so that the unit is PHA-owned only if unit is in a project that is: owned by the PHA, owned by an entity wholly controlled by the PHA, or owned by an LLC or limited partnership in which the PHA or entity wholly controlled by the PHA holds a controlling interest in the managing member or general partner.

The notice also addresses numerous statutory changes to the project-based voucher (PBV) program set forth under HOTMA, covering implementation requirements for the following:

  • Changing the terminology in the statute from “structure” to “project.”
  • Changing the PHA HCV program limitation on PBV vouchers from a 20 percent funding limitation to a 20 percent unit limitation calculation and allowing for additional project-basing of vouchers by raising the limit an additional 10 percent for homeless families, families with veterans, supportive housing for persons with disabilities or elderly persons, or in areas where vouchers are difficult to use.
  • Changing the income-mixing cap on the number of PBV units in a project to be the greater of 25 units in a project or 25 percent of the units in a project (the project unit cap), and making changes to the categories of PBV units that are excepted from this project unit cap.
  • Allowing the PHA to provide for an initial PBV contract of up to 20 years and to further extend that term for an additional 20 years.
  • Allowing the PHA to establish a selection preference for families who qualify for voluntary services, including disability-specific services, offered in conjunction with assisted units, provided that the preference is consistent with the PHA plan.
  • Allowing the PHA to attach assistance to structures in which the PHA has an ownership interest or control without following a competitive process.
  • Allowing PHAs to project-base HUD–VASH and FUP vouchers in accordance with statutory and regulatory requirements of the PBV program without additional requirements for approval by HUD.

The implementing requirements set forth in today’s notice become effective April 18, 2017. Comments on the specific questions posed in the notice are due by March 20.

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

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