On Monday HUD’s Office of Public and Indian Housing (PIH) issued Notice PIH 2016-09 to provide guidance on moves with continued assistance by families in the housing choice voucher (HCV) program, both within a PHA’s jurisdiction and outside it under portability. The notice updates previous guidance, such as guidance issued under Notice PIH 2012-42, by incorporating changes resulting from last year’s streamlining portability final rule, in addition to providing guidance on briefings and suspension of the voucher term. Notable highlights include the following:
- The section on fair housing and equal opportunity requirements has been updated to account for the affirmatively furthering fair housing (AFFH) final rule, further guidance on voucher extensions as a reasonable accommodation, and limited English proficiency (LEP) requirements.
- A new section has been added which focuses on the changes to the required contents of family briefings resulting from the streamlining portability final rule. The section covers the explanation on how portability works, explanation on the advantages of moving to areas with low concentrations of low-income families, information on selecting a unit, explanation on how voucher suspension works under the current regulation (since it is now required), and the list of landlords or other resources, specifically in terms of how the list should line up with AFFH requirements.
- Much information has been added addressing required suspension of the voucher term, including general requirements and information on the impact of suspension on the initial billing deadline.
- A section on denying family requests to move has been added, taking into account mandatory denials, discretionary denials, and exceptions under the Violence against Women Act (VAWA). Denying requests due to insufficient funding is also covered in detail in its own section.
- The notice discusses the use of email or other delivery confirmation method, and supports HUD’s use of email as the preferred method.
- Processing responsibilities of the initial PHA are detailed in the notice, including the initial PHA’s role regarding new requirements on the family selecting the receiving PHA. In addition to more basic procedural elements, this section also provides guidance on the use of special purpose vouchers.
- Of course, processing responsibilities of the receiving PHA are also specified. Items of note in this section include rescreening, voucher extensions, when the family decides not to lease in the PHA’s jurisdiction, and absorption. The notice also covers ongoing responsibilities of the receiving PHA, including use of special purpose vouchers, 50058s, and if the family decides to port to another jurisdiction.
- The notice provides guidance on administrative fees, including the administrative fee structure changes under the streamlining portability final rule.
- Finally, the notice goes into great detail on portability billing. Of these remaining sections, only the section on billing the initial PHA contains substantive changes from the previous notice.
Notice PIH 2016-09 will be effective until amended, superseded, or rescinded.
Got questions about portability? Don't miss Nan's legislative update at the The Housing Conference this September, where she'll discuss the latest rules and regulations, including the new portability notice. Register now, early bird pricing ends June 30!
