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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

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

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

HUD publishes HOTMA implementation notice

Posted by NMA on Jan 24, 2017 8:44:00 AM

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

White House issues regulatory freeze memo

Posted by NMA on Jan 23, 2017 2:05:09 PM

On January 20, White House Chief of Staff Reince Priebus issued a memo titled “Regulatory Freeze Pending Review.” The memo, which applies to government departments and agencies including HUD, announces a temporary “freeze” on submission of new regulations through the Office of the Federal Register (OFR). Freezes or holds on new rulemaking are customary for new presidential administrations and have occurred in the past.

Specific instructions from Friday’s memo include the following:

  • New rules which have not yet been submitted to OFR must be held until reviewed and approved by a department or agency head designated on or after January 20.
  • Rules which have been submitted to OFR but have not yet been published in the Federal Register must be withdrawn pending review and approval.
  • Rules which have been published in the Federal Register but which have not yet taken effect must be postponed so that their effective dates are at least 60 days after January 20.
  • The Director of the Office of Management and Budget may make exceptions to the freeze for urgent or emergency situations.

The freeze also applies to “guidance documents,” described as “any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking.”

Topics: PIH notices, Program News and Notices

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