On Thursday, March 16 at 2 p.m. ET, NAHRO will be hosting an eBrieifing on Cybersecurity titled “Protecting Your Agency From Cybersecurity Threats.” This free virtual webinar will feature speakers Brandon White from the Oakland Housing Authority and Ed Malaspina from HAI Group,  a member-owned insurance carrier founded by and dedicated to the public and affordable housing communities.

Presenters will bring advanced knowledge and experience in cybersecurity training for housing organizations. These experts will provide resources and tips for housing related agencies in protecting their data and resources from cyber threats.

To register, please see here.

On March 13, HUD issued Notice PIH-2023-03 (HA) titled “Supplemental Guidance for Implementation of Section 103; Limitation on Public Housing Tenancy for Over-Income Families under the Housing Opportunity Through Modernization Act of 2016 (HOTMA).” The Notice provides guidance to PHAs on the new limitations for continued occupancy of over-income families living in public housing. The guidance is linked to the HOTMA Sections 102, 103, and 104 final rule that was released in February. The notice provides guidance on setting rents for over-income families allowed to remain in public housing units by PHA policy, restates instructions on how a PHA must calculate the over-income limit, addresses effective dates in the final rule, and describes the requirement to submit annual reports on over-income families. The Notice can be found here.

In Feb. 2023, HUD released Notice CPD-23-01, which provides guidance on the submission process of Consolidated Plans and Action Plans for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Housing Trust Fund (HTF), Emergency Solutions Grants (ESG), and Housing Opportunities for Persons With AIDS (HOPWA) formula grantees and participating jurisdictions (PJs). The latest submission deadline for each applicable Plan is Aug. 16, 2023.

The notice for FY 2023 Consolidated Plans and Action Plans includes instructions on:

• applications of waivers
• participation requirements
• costs incurred prior to execution of a grant agreement
• information of waivers for pre-award costs of Entitlement CDBG grantees and HOME PJs
• specific provisions

Consolidated Plans and Action Plans may have different submission deadlines and procedures depending on the program and start date–the notice outlines these differences.

CDBG, HOME, ESG, and HOPWA

Funding allocations, which were announced on Feb. 27 for CDBG, HOME, ESG, and HOPWA grantees, amount to nearly $5.6 billion in formula funds. As allocation letters are expected to be sent to grantees by HUD shortly, grantees must ensure that the actual FY 2023 allocation amounts are reflected in form SF-424 prior to submission.

Each jurisdiction should submit its Consolidated Plan at least 45 days before the start of its program year. Submissions may be delayed by grantees and PJs 60 days after the FY 2023 allocation announcement date for those whose normal Consolidated Plan/Action Plan submission deadline is no later than the 60 day timeline.

Submission deadlines cannot be waived under these programs as the requirement is established by statute.

HTF

For HTF grantees, allocations are expected to be announced in April 2023 at the earliest. These allocation dates differ from the other programs due to source of funding, which are mandatory set-aside amounts that come from Fannie Mae and Freddie Mac instead of federal appropriations.

In cases where States would like to submit Plans before HTF allocations are released, they may submit their Plans for other Community Planning and Development (CPD) programs and then submit their HTF allocation plan as a substantial amendment to its annual Action Plan after HTF allocations are released.

While HTF formula grants are not subject to the same Aug. 16 deadline, grantees that receive CDBG funding are required to follow deadline requirements under the program for the submission of Action Plans.

For more information on the notice and the instructions provided, please see our next edition of the NAHRO Monitor on March 15.

For the original notice please see here.

On Feb. 27, HUD announced that $5.6 billion in funding will go to support programs with the Office of Community Planning and Development. Among the programs to receive funding is the Community Development Block Grants (CDBG), HOME Investment Partnerships Program (HOME), Housing Opportunities for Persons With HIV/AIDS (HOPWA) program, Emergency Solutions Grants (ESG), and the Recovery Housing Program (RHP). It is estimated that the awards will amount to 2,400 grants among 1,200 communities. Funding will be provided to thousands of local programs in all 50 states, including all five U.S. territories and the District of Columbia.

Please see the outlined funding chart from HUD below:

STATE	CDBG	HOME	(RHP)	ESG	HOPWA	Total
Alaska	$4,572,219	$3,773,536	$0	$400,619	$0	$8,746,374
Alabama	$43,839,880	$19,117,250	$0	$3,855,996	$6,011,584	$72,824,710
Arkansas	$26,218,309	$13,064,797	$0	$2,315,051	$2,449,533	$44,047,690
Arizona	$55,260,926	$25,089,495	$1,174,274	$4,854,885	$7,099,685	$93,479,265
California	$378,216,242	$196,812,685	$0	$33,477,830	$60,904,916	$669,411,673
Colorado	$36,523,810	$19,515,852	$0	$3,236,152	$5,263,500	$64,539,314
Connecticut	$39,757,317	$18,601,516	$1,209,615	$3,518,311	$4,134,046	$67,220,805
District of Columbia	$15,404,214	$6,056,624	$1,634,036	$1,341,848	$12,770,434	$37,207,156
Delaware	$7,588,841	$4,850,255	$1,382,343	$668,495	$1,351,226	$15,841,160
Florida	$153,536,526	$77,300,378	$1,140,440	$13,371,446	$49,348,464	$294,697,254
Georgia	$82,514,264	$42,633,745	$0	$7,233,310	$22,152,985	$154,534,304
Hawaii	$13,060,786	$6,239,258	$0	$1,155,029	$1,054,910	$21,509,983
Iowa	$37,817,535	$13,266,012	$0	$3,310,266	$982,437	$55,376,250
Idaho	$12,734,945	$6,863,013	$0	$1,117,066	$0	$20,715,024
Illinois	$159,585,479	$60,442,889	$0	$14,142,988	$15,052,936	$249,224,292
Indiana	$66,513,227	$29,412,332	$1,145,278	$5,871,168	$4,523,548	$107,465,553
Kansas	$25,889,396	$12,055,056	$0	$2,270,244	$793,084	$41,007,780
Kentucky	$43,830,588	$21,042,651	$1,461,639	$3,856,804	$2,968,215	$73,159,897
Louisiana	$50,505,738	$21,008,030	$1,321,548	$4,411,370	$9,678,698	$86,925,384
Massachusetts	$99,225,630	$38,476,026	$1,067,194	$8,746,106	$8,197,097	$155,712,053
Maryland	$51,861,368	$21,074,486	$1,295,266	$4,531,660	$9,694,400	$88,457,180
Maine	$17,737,841	$6,077,911	$1,192,137	$1,556,542	$0	$26,564,431
Michigan	$120,803,875	$45,188,261	$1,016,651	$10,669,723	$7,462,486	$185,140,996
Minnesota	$52,595,485	$20,101,815	$0	$4,576,877	$3,462,229	$80,736,406
Missouri	$63,958,131	$27,078,852	$1,041,339	$5,621,647	$6,484,569	$104,184,538
Mississippi	$28,067,151	$13,053,821	$0	$2,495,370	$4,238,448	$47,854,790
Montana	$8,502,640	$4,525,542	$0	$741,200	$0	$13,769,382
North Carolina	$77,823,733	$41,847,605	$1,054,616	$6,836,325	$13,401,347	$140,963,626
North Dakota	$5,527,134	$3,549,768	$0	$486,494	$0	$9,563,396
Nebraska	$17,437,574	$8,255,221	$0	$1,546,062	$848,459	$28,087,316
New Hampshire	$12,594,035	$5,509,613	$930,886	$1,104,523	$0	$20,139,057
New Jersey	$87,566,959	$40,497,391	$1,072,304	$7,707,811	$15,951,114	$152,795,579
New Mexico	$18,132,257	$8,851,305	$1,268,811	$1,590,684	$1,423,600	$31,266,657
Nevada	$23,158,196	$12,843,420	$0	$1,995,196	$4,075,748	$42,072,560
New York	$318,043,716	$140,182,508	$0	$27,743,018	$55,283,456	$541,252,698
Ohio	$150,823,351	$61,451,090	$1,387,641	$13,233,870	$9,734,776	$236,630,728
Oklahoma	$27,809,353	$16,446,422	$0	$2,420,644	$2,731,025	$49,407,444
Oregon	$34,753,244	$20,260,511	$0	$3,052,927	$2,851,520	$60,918,202
Pennsylvania	$186,593,032	$63,946,894	$1,288,739	$16,400,364	$14,664,143	$282,893,172
Puerto Rico	$54,443,639	$26,082,936	$0	$4,777,743	$9,056,831	$94,361,149
Rhode Island	$16,149,217	$6,729,938	$1,213,710	$1,421,391	$1,477,595	$26,991,851
South Carolina	$38,514,758	$19,135,117	$1,150,177	$3,327,876	$6,908,690	$69,036,618
South Dakota	$7,400,994	$3,585,073	$0	$639,874	$0	$11,625,941
Tennessee	$50,082,668	$28,265,235	$1,368,779	$4,388,155	$8,124,652	$92,229,489
Texas	$243,728,678.95	$107,032,059	$0	$21,113,921	$39,867,348	$411,742,006.95
Utah	$21,611,943	$8,718,088	$0	$1,890,387	$1,285,470	$33,505,888
Virginia	$57,521,570	$29,049,908	$0	$5,073,657	$6,700,312	$98,345,447
Vermont	$8,068,410	$3,446,307	$991,106	$697,788	$0	$13,203,611
Washington	$57,309,462	$29,627,400	$0	$5,009,949	$5,293,081	$97,239,892
Wisconsin	$62,038,170	$26,726,388	$0	$5,428,731	$2,534,044	$96,727,333
West Virginia	$20,971,245	$8,740,015	$2,191,471	$1,834,845	$807,359	$34,544,935
Wyoming	$3,984,362	$3,500,000	$0	$349,762	$0	$7,834,124
Subtotal	$3,298,210,063.95	$1,497,002,300	$30,000,000	$289,420,000	$449,100,000	$5,563,732,364
Insular Areas	$7,000,000	$3,000,000	$0	$580,000	$0	$10,580,000
Grand Total	$3,305,210,063.95	$1,500,002,300.00	$30,000,000.00	$290,000,000.00	$449,100,000.00	$5,574,312,363.95

HUD has released a new public interest waiver delaying the implementation of the Build America, Buy America Act (BABA) for most HUD programs. The implementation dates are as follows for the following programs and purchases.

2022

• Community Development Block Grants used for iron and steel: November 15, 2022;

2023

• Choice Neighborhood and Lead Hazard Control and Healthy Homes grants used for iron and steel: February 22, 2023;
• Recovery Housing Program grants used for iron and steel: August 23, 2023;

2024

• Choice Neighborhood and Lead Hazard Control and Healthy Homes grants used for construction materials and manufactured products: August 23, 2024;
• Community Development Block Grants used for construction materials and manufactured products: Fiscal Years 2024 and 2025;
• Recovery Housing Program grants used for construction materials: Fiscal Year 2024 and manufactured products: Fiscal Year 2025;
• All other HUD programs receiving Federal Financial Assistance used for iron and steel (not including HOME, Housing Trust Fund, and Public Housing funding used for maintenance): February 22, 2024; and
• All other HUD programs using Federal Financial Assistance (including for maintenance) for construction materials and manufactured products: August 23, 2024.

These dates apply to when funds are obligated by HUD to recipients. For example, only Public Housing Capital Fund dollars obligated on or after August 23, 2024 would fall under BABA requirements but those obligated before this date would not. Because the current public interest phased implementation waiver runs through February 21, 2023 and this new proposed waiver will not be effective until after its comment period ends March 2, 2023, funding obligated between these two dates would be subject to BABA requirements. However, HUD has informed NAHRO that the department will not allocate funding to agencies during this gap to ensure funds do not fall under BABA.

For more information about this waiver, see the waiver text here, NAHRO Direct News, and the February 28 edition of The NAHRO Monitor.

Comments due March 13, 2023

The Office of Management and Budget (OMB) has continued implementing the Build America, Buy America Act (BABA) by releasing a proposed rule that clarifies and revises BABA requirements.

First, the proposed rule seeks input on definitions of materials covered by BABA—construction materials, manufactured goods, and iron and steel—as well as “suggestions for reducing burden for recipients” of Federal Financial Assistance.

Second, the notice provides text of Part 184, an addition to 2 CFR chapter I, “Office of Management and Budget Governmentwide Guidance for Grants and Agreements.”

Find the notice here and see the Feb. 28 edition of The NAHRO Monitor for further details.  

On Feb. 2, HUD released a Special Notice of Funding Opportunity (NOFO), which awarded $315 million in grants to Continuums of Care (CoC) to address unsheltered and rural homelessness. The grants will support 46 cities that span across 30 states. Among the total funding, over $54.3 million is allocated to support rural housing with over $260.3 million going to support unsheltered homelessness.

Grantees are encouraged to coordinate their planning efforts collaboratively with partners that may include healthcare providers, PHAs, other HUD-assisted housing providers, and people with lived experience. Additionally, more of these grants are expected to be announced in the coming weeks for other communities.

For the list of CoCs awarded see here.