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PIH Posts Implementation Guidance for HOTMA HCV and PBV Provisions

Posted by NMA on Nov 2, 2017 8:34:18 AM

HUD’s Office of Public and Indian Housing (PIH) recently released Notice PIH 2017-21, “Housing Opportunity through Modernization Act of 2016 (HOTMA) – Housing Choice Voucher (HCV) and Project-Based Voucher (PBV) Provisions.” The 67-page notice provides guidance on changes to the HCV and PBV programs as implemented in a Federal Register notice on January 18, 2017, in addition to superseding and consolidating guidance from prior PBV-related PIH notices.

As you recall, the January 18 Federal Register notice and subsequent technical corrections amended the definition of units owned by the PHA, and addressed various implementation requirements for the statutory changes to the PBV program set forth under HOTMA. The notice is organized as a set of individual attachments and appendices dedicated to each of the requirements touched upon in the original implementation notice, summarizing and offering additional insight and guidance on:

  • PHA-owned units
  • PHA-owned units and independent entities
  • Percentage limitation (program cap) and PHA submission requirements
  • PBV percentage limitation (10 percent increase for eligible units)
  • Income mixing requirement (project cap)
  • Units not subject to the program cap or project cap
  • PBV HAP contract initial term and extensions, including different scenarios
  • Priority of PBV HAP contracts
  • PBV biennial inspections
  • Adding units to the PBV HAP contract without competition
  • PBV HAP contract termination or expiration without extension
  • Attaching PBVs to certain PHA-owned projects without following a competitive process
  • Project-basing Family Unification Program (FUP) and HUD–Veterans Affairs Supportive Housing (HUD-VASH) vouchers
  • PBV program cap calculation instructions
  • PHA plan, administrative plan, and other PBV topics
  • Reporting
  • HCV, homeownership, and PBV inspection requirements

As mentioned above, the notice also consolidates and supersedes a number of prior PBV-related PIH notices:

  • Notice PIH 2002-22, which aligns with current PBV regulations and was written before such regulations existed, is rescinded due to no longer being necessary.
  • Notice PIH 2006-16 is rescinded because PBV rents are no longer capped at the LIHTC rent as they once were, so “grandfathering” of PBV projects is no longer necessary.
  • Notice PIH 2011-54 is superseded due to the definition of PHA-owned units and the proposal selection process being revised by HOTMA. Much of this notice is unchanged, however, and is included in as part of Appendix II of today’s notice.
  • Notice PIH 2015-05 adopted with updates to VMS reporting to include the latest release of the VMS User’s Manual, and also amended where Sections II and III of that notice, on the maximum amount of PBV assistance and PHA-owned units, respectively, have been superseded by HOTMA.
  • Notice PIH 2015-10, which covered project-basing HUD-VASH vouchers, is superseded in its entirety now that HOTMA authorizes project-basing VASH vouchers (and FUP vouchers for that matter) without prior approval.

Other HOTMA provisions related to the PBV program that were not implemented in the January 18 Federal Register notice are likewise not covered in Notice PIH 2017-21. You can access the notice on this page, at HUD’s website.

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.

Topics: HOTMA, PBV, PIH Alert, Program News and Notices, VASH, Industry News

2017 NMA Master Book updates

Posted by NMA on Sep 19, 2017 5:09:00 AM

master-book-updates.jpgNMA's revision services team has been working hard to get the latest editions of our Master Books written, published, and out to you! These books have been brought current with all recent regulatory updates, including HOTMA, VAWA 2013, and more. 

2017: For the 2017 revision, the NMA Family Self-Sufficiency (FSS) Master Book has been been brought current with all recent regulatory updates, in addition to making the following additions and clarifications:

  • Several additions and modifications to account for the impact of the Rental Assistance Demonstration (RAD) program on FSS
  • Clarifications regarding the ability of ineligible immigrants to participate in FSS
  • Additional references for use in FSS program administration
  • Other corrections and changes for accuracy, logical flow, and ease of reading

2017: For the 2017 revision, the NMA HCV Executive Management Master Book has been been brought current with all recent HUD requirements and guidance, including the following:

  • Changes brought about by the final rule on small area fair market rents (SAFMRs), published November 16, 2016, specifically as relevant to rent reasonableness and changes in payment standard amounts
  • Modifications per the HOTMA implementation guidance published in the Federal Register on January 18, 2017, which revised some requirements for inspections, the
  • Project-Based Voucher program, and special housing types
  • Multiple revisions to account for changes brought about by the final rule implementing VAWA 2013, also published November 16, 2016
  • Other fair housing-related changes with respect to the OGC guidance on harassment and discriminatory practices, the use of nuisance ordinances, and limited English Proficiency, respectively
  • Other modifications for clarity, accuracy, and ease of reading

2017: For the 2017 revision, the NMA HCV Housing Qualty Standards Master Book has been completely revised, updated, and reformatted. This means that the book has an entirely new, streamlined look. The new book has likewise been brought current with all recent HUD requirements and guidance, edited for ease of reading, and is now presented in a more user-friendly format.

2017: For the 2017 revision, the NMA Housing Choice Voucher (HCV) Master Book has been been brought current with all recent HUD requirements and guidance, including the following:

  • Changes with respect to moves with continued assistance as specified in Notice PIH 2016-09
  • Modifications regarding the definition of independent student set forth in the Additional Supplementary Guidance on the eligibility of independent students under Section 8, issued September 21, 2016
  • Multiple revisions to account for changes brought about by the final rule implementing VAWA 2013, published November 16, 2016, including the addition of a sample Emergency Transfer Plan and several new HUD-required forms
  • Changes brought about by the final rule on small area fair market rents (SAFMRs), also published November 16, 2016, specifically as relevant to rent reasonableness and changes in payment standard amounts
  • Revision of rent reasonableness criteria under the Project-Based Voucher program, and the addition of a completely new section on administering PBVs under the Rental Assistance Demonstration (RAD PBV)
  • Updated reference citations for consistency as well as other minor modifications for clarity, accuracy, and ease of reading

2017: For the 2017 revision, the NMA Public Housing Assessment System (PHAS) Master Book includes the following revision:

  • An explanation of PHAS scoring for conversions under the Rental Assistance Demonstration (RAD) program

In addition, revision service subscribers and customers who purchase the product for the first time along with the revision service will also receive a copy of NMA’s Public Housing Occupancy Tool and its accompanying instructions for use (a $249 value). This tool allows agencies to track occupancy data by development as well as portfolio, do trend analysis, and spot problem areas quickly. A large portion of the PHAS score is dependent upon keeping your units filled, and this tool can help to ensure there are no surprises when it comes time for HUD’s evaluation.

2017: For 2017, the NMA Public Housing Management (PHM) Master Book has been brought current with all recent regulatory updates, including:

  • Sweeping changes brought about by the Streamlining Administration Regulations Final Rule, issued March 8, 2016, including modifications regarding verification, utility reimbursements, annual and interim reexaminations, and proration of assistance for mixed families, among other areas of program administration
  • Implementation guidance on the streamlining rule as described in Notices PIH 2016-05 and PIH 2016-06
  • Modifications for the final rule implementing VAWA 2013, issued November 16, 2016
  • Modifications for the final rule Instituting Smoke-Free Housing in Public Housing, issued December 5, 2016
  • Other minor modifications and clarifications to bring the content current with HUD regulations and guidance

2017: The 2017 edition of the NMA Uniform Physical Condition Standards (UPCS) Master Book CD has been brought current with all regulatory guidance, resources, and tools, including:

  • The addition of UPCS Guidance and Protocol Clarifications from May 2016
  • The addition of Inspector Notice 2016-03 on UPCS deficiencies and industry standard repairs
  • Removal of obsolete software and other outdated reference materials

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 [email protected] to get started.

Topics: books and revision services, FSS, HOTMA, PIH Alert, Program News and Notices, public housing management, RAD, UPCS, VAWA

HCV and PH question: VAWA certification issues

Posted by NMA on Sep 18, 2017 8:52:04 AM

VAWA certification issuesQUESTION     Is the PHA allowed to question a client’s VAWA certification? A client has requested a mid-year transfer based on a list of claimed incidents (stalking). The alleged perpetrator is a former significant other of the client. The case manager questions whether any of these incidents actually happened. The case manager suspects that the client may be claiming VAWA protections in order to leverage a transfer to a more desirable dwelling unit. Is the PHA allowed to ask questions or to investigate the current whereabouts of the alleged perpetrator?

ANSWER     No, the PHA is not permitted to investigate the client’s claims for protections under the Violence Against Women Act (VAWA). The regulation governing permissible documentation requirements is at 24 Code of Federal Regulations (CFR) 5.2007(b). The rule states that the PHA may accept an individual’s verbal statement, or may request documentary evidence such as a certification (Form HUD-5382).

While the PHA may request third-party documentation if there is conflicting evidence (for example, when two household members each claim to be the victim), the PHA cannot investigate further. The staff member’s suspicion does not rise to the level of reliable conflicting evidence.

Here is an excerpt from Notice PIH 2017-08:

PHAs and owners are prohibited from conducting further fact finding for the purpose of trying to verify the “validity” of an applicant or tenant’s victim status. For example, PHAs and owners are prohibited from conducting interviews with neighbors or employers to determine if the applicant or tenant is “really” a victim of domestic violence, dating violence, sexual assault or stalking. Doing so would be in violation of the documentation requirements of the VAWA final rule and may result in a violation of the victim confidentiality requirements of the VAWA final rule.

However, if the PHA or owner already has or regularly receives reliable information that conflicts with the submitted documentation the PHA may require third-party documentation of victim status, based on information outside of the submitted documentation. Examples of reliable information include surveillance footage, police report(s), and other verifiable information. This information must not be collected for the purpose of discrediting claims for VAWA protections, but may be collected for other legitimate reasons; such as addressing safety in the community.

Are you a PIH Alert subscriber? Every Friday, the PIH Alert includes one frequently asked question (FAQ) submitted by our readers. Sign up today for a free 30-day trial subscription! Email [email protected] to get started. To submit your question, email Annie Stevenson at [email protected] with the subject line "FAQ Friday."

Topics: PIH Alert, Program News and Notices, Q&A, VAWA

NMA Model Policies: Second revision for 2017

Posted by NMA on Sep 15, 2017 5:02:00 AM

NMA Model Policies: Second revision for 2017Our technical writers and subject matter experts have just completed a special mid-year revision to both our Model Administrative Plan and Model ACOP. These revisions incorporate extensive policy changes brought about by Notice PIH 2017-08, Violence Against Women Reauthorization Act of 2013 (VAWA) guidance  published this past May, along with additional revisions due to January’s Lead-Based Paint Final Rule.

If you are a subscriber to our Model Admin Plan or Model ACOP revision services, you should have received the files. If you are a subscriber and did not receive an email with the revision files, please send your current information via email to Marné Cales including:

  1. Your agency name and mailing address.
  2. Name, phone number, and email address of the contact person for the revision service. If your agency has multiple revisions and would like different people to receive revisions, please identify which person should receive each revision.

NMA Model Administrative Plan and Guide 

2017: The bulk of the changes for the second revision for 2017 of the NMA Model Administrative Plan and Guide are due to the issuance of Notice PIH 2017-08, which provided guidance on the implementation of the VAWA 2013 final rule. This affected multiple chapters and required extensive revisions throughout the plan. In addition, the Model Administrative Plan has also been brought current with all recent HUD requirements and guidance, including the following:

  • Changes with respect to the alternative requirements set forth in FR Notice 12/29/14, which prohibited denial of assistance or termination for failure to comply with the Family Self-Sufficiency (FSS) contract of participation
  • Additional changes with respect to the Lead-Based Paint final rule, particularly as it relates to housing quality standards (HQS)
  • Updates to the policies and procedures regarding hearings and rehearings to clarify and more closely match regulations
  • Other clarifications and corrections to bring the content current with HUD regulations and guidance

NMA Model Admissions and Continued Occupancy Policy (ACOP) and Guide 

2017: The bulk of the changes for the second revision for 2017 of the NMA Model Admissions and Continued Occupancy Policy (ACOP) and Guide are due to the issuance of Notice PIH 2017-08, which provided guidance on the implementation of the VAWA 2013 final rule. This affected multiple chapters and required extensive revisions throughout the plan. In addition, the Model ACOP also contains multiple clarifications and corrections to bring the content current with HUD regulations and guidance.

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 [email protected] to get started.

Topics: books and revision services, domestic violence, FSS, HQS, PIH Alert, Program News and Notices, VAWA, lead-based paint

HUD announces Hurricane Harvey resources

Posted by NMA on Sep 5, 2017 11:58:41 AM

govt-columns.jpgToday HUD introduced two websites offering information and resources for Hurricane Harvey disaster relief. An accompanying press release discusses the housing needs of hurricane survivors.

First, in an email this morning HUD’s Office of Lead Hazard Control and Healthy Homes (OLHCHH) announced that it has established a website devoted to Hurricane Harvey Latest News. The site includes links to resources to assist survivors in beginning the building clean-up process safely so that they can get back into their homes as soon as possible. The site also features guides on dealing with mold, asbestos, lead, and other home health hazards that can occur after a disaster. Click here to join the OLHCHH mailing list.

A hurricane recovery website has also been posted on HUD Exchange. The site contains information and resources for HUD grantees, partners, and residents. Resources include links to press releases, disaster recovery toolkits, information for HUD and non-HUD residents, and resources for the care of pets and other animals.

In a press release posted this morning, HUD addressed the need for affordable rental housing for hurricane survivors. In partnership with other federal departments and agencies, HUD is the lead coordinating agency for long-term disaster-related housing needs resulting from Hurricane Harvey. HUD, its federal partnering agencies, and the Texas state housing task force are focused on identifying strategies to strengthen the housing market, building inclusive and sustainable communities, and integrating disaster mitigation measures into community design and development to reduce future damages.

Topics: disaster programs, indoor air quality, Program News and Notices, CDBG-DR

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