HUD Releases Lead-Based Paint Capital Fund Program NOFA

HUD has released its Notice of Funding Availability (NOFA) for its Lead-Based Paint Capital Fund Program (LBPCF). The FY 2017 Appropriations bill provided $25 million to be available for competitive grants to PHAs to evaluate and reduce lead-based paint hazards in public housing. These grants are for risk assessments, abatement, and interim controls as defined in Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. Grants are subject to normal PHA regulations. Applications are due Tuesday, March 20, 2018.

Properties eligible for funding under this NOFA must have at least one family with a child under age six at the time of application. HUD will use data in the IMS/PIC system to verify family occupancy for eligible applications after the threshold review is completed. Eligible properties may include playgrounds or child-care centers that are part of the public housing project. Applications that request more than $1,000,000 in grant funds will not meet the threshold eligibility and will not be reviewed further. A PHA that is troubled or under the direction of HUD is eligible for funding, provided the PHA is in compliance with any current Memorandum of Agreement or Recovery Agreement.

Funds can only be used for the activities of lead-based paint risk assessments, inspections, abatement, interim controls, and clearance examinations. Other work in the property, including work to prepare for lead hazard control (e.g., repairs to the substrate, fixing leaks or other renovations) cannot be funded with this grant. Housing units that have had lead-based paint abated (as demonstrated by documentation of a prior lead evaluation and abatement), and where the abatement is still performing are not eligible for enrollment under this grant program.  Funds under this NOFA may not be used at projects under Commitments to enter into Housing Assistance Payments Contracts (CHAPs) under the Rental Assistance Demonstration (RAD).

Applications should be submitted to Applications are due Tuesday, March 20, 2018. 

HUD’s Oversight and Evaluation Division Renamed the Inspection Standards & Data for Vouchers Division

Earlier today, HUD sent an email stating that HUD’s Oversight and Evaluation Division (OED)–in the Real Estate Assessment Center (REAC)–would be renamed the Inspection Standards & Data for Vouchers (ISDV) Division. The ISDV Division is the group within HUD running the UPCS-V (the inspections protocol which will be the successor to the HQS protocol in the Housing Choice Voucher (HCV) program) Demonstration. The email notes that the name change “serves to align the division’s name with [its] mission, culture, services and philosophy.” ISDV will strive to maintain a culture of transparency; streamline inspections, while maintaining accuracy; and increase owners’ and tenants’ ability to access information about their homes.

ISDV Division’s website can be found here.

HUD Sends Email on Transition Funding Issue in Form-52723

On January 24, HUD sent out an email notifying PHAs that there is an issue with the calculation of Transition Funding in the PHA HUD-52723 tool. According to HUD, PHA tools are not calculating Transition Funding for PHAs that have one project initially approved for stop loss and that continue to comply with asset management requirements. HUD is currently working on the issue and notes that they do not expect the solution to impact the PHA tools. HUD notes that PHAs experiencing this issue should proceed to submit their tools to their Field Offices within the published timeline/deadline, and that impacted PHAs should indicate that they are eligible for Transition Funding and specify the amount in the comments section of the PHA tool.

PHAs should contact their Field Office if there are any questions or concerns.

Update on HUD Funding During Government Shutdown

As of this writing, a federal shutdown is in effect while Congress works on a Continuing Resolution to fund the government. While we hear that HUD is confident that February payments will be loaded and available to public housing authorities (PHAs), there is no guarantee of this. We strongly encourage NAHRO members to call their Representatives and their Senators, and to let them know that the government shutdown will jeopardize the rental payments and therefore the housing of the public housing and Section 8 Housing Choice Voucher residents we serve.For more information, see HUD’s current shutdown plan (PDF). More information is also available on the HUD website. NAHRO will continue to monitor the situation and keep members informed.

Small Area FMR Guidance Published

HUD has published PIH 2018-01 (HA) titled “Guidance on Recent Changes in Fair Market Rent (FMR), Payment Standard, and Rent Reasonableness Requirements in the Housing Choice Voucher Program.” The guidance states that “PHAs are expected to have completed the implementation as expeditiously as possible and no later than April 1, 2018.” NAHRO will provide additional details on the guidance in the coming days.

The notice can be found here.

2018 Public Housing Management Fees Published

On January 17, HUD released it’s 2018 Public Housing Management Fee Table. PHAs may use the amounts published in the table to establish “reasonable” fees for each of their public housing projects. Some PHAs may see a decrease from the 2017 schedule. Fees in the fee table have already been adjusted for occupancy. Nationally, the 80th percentile management fee is $60.46 per unit month (PUM).

HUD Publishes New AFFH FAQ

On Friday, HUD sent an email announcing a new list of Frequently Asked Questions (FAQ) that responds to the new notice delaying the submission date for the local government Assessment of Fair Housing (AFH). HUD “strongly encourages program participants to visit [the FAQ].” The new notice can be found on the Affirmatively Furthering Fair Housing (AFFH) HUD Exchange webpage.

The FAQ can be found here.

HUD Extends AFH Deadline for Local Governments

Tomorrow, HUD will publish a notice in the Federal Register titled “Affirmatively Furthering Fair Housing: Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants.” The notice states that for local government consolidated plan participants, the deadline for submitting their Assessment of Fair Housing (AFH) will be extended to the next AFH submission date after October 31, 2020. Although the notice will be effective immediately after publication in the Federal Register, HUD is inviting public comment for 60 days on the extension. [1/5/18 Edit – Comments are due by March 6, 2018.]

The notice extends the deadline for submission of an AFH to all local government consolidated plan program participants to the AFH submission deadline after October 31, 2020. Local governments that qualified for a previous extension under a October 24, 2016 notice are also covered under this extension. All local government program participants must still comply with the statutory obligation of affirmatively furthering fair housing.

Until a consolidated plan program participant is required to submit an AFH, it will continue to provide the AFFH Consolidated plan certification in accordance with requirements that existed prior to August 17, 2015. These requirements obligated a program participant to certify that it would affirmatively further fair housing by conducting an Analysis of Impediments (AI) to fair housing choice within the jurisdiction and take action to overcome the effects of the identified impediments.

For program participants starting a new 3 to 5 year consolidated plan cycle, the AI should continue to be updated until those consolidated plan program participants submit an AFH after October 31, 2020. Program participants that have already submitted an AFH which has been accepted by HUD must continue to execute the goals of that AFH (they are not required to perform an additional AI). Program participants that received a non-accept decision should not submit their revised AFHs. HUD will discontinue the review of AFHs currently under review and will not render an accept, deemed accepted, or non-accept determination.

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HUD Posts Updated ’18 Operating Subsidy Processing Schedule

HUD has posted it’s updated schedule for Calendar Year (CY) 2018 Operating Subsidy Process to the CY 2018 Operating Subsidy Processing Webpage.

HUD will release the PHA tools Form HUD-52723 and Form HUD-52722 by Friday, Jan. 12, or earlier. PHAs must submit these forms to their Field Offices no later than February 2. HUD will publish preliminary eligibility for 2018 based upon HUD-52723 by March 5, and and PHAs will be required to contact HUD with any issues regarding their preliminary eligibility by March 12.


2012 Offset Litigation Update

This update is for the plaintiffs of the 2017 judgment on the 2012 public housing offset litigation (the first round of litigation.)

The Department of Justice (DOJ) sent a request to the Judgment Fund for the payment of damages on December 21, 2017, for all but 23 of the plaintiffs. The reason a payment request was not sent for the other 23 is that the plaintiff’s attorneys did not have the banking information when they originally sent the information for the other plaintiffs to DOJ. The attorneys now have the banking information for 18 of the 23 and will send it to DOJ in the near future. If you are one of the five remaining plaintiffs that have not submitted your banking information, submit your banking information as soon as possible to the plaintiff’s attorneys.

Assuming there aren’t any problems with the information that DOJ sent to the Judgment Fund, the awardee plaintiffs should receive the damages to which you are entitled in a few weeks. Please note that the Judgment Fund will not notify you when it wires your payments to you. Therefore, you will have to monitor the bank account into which you requested that the funds be wired to determine when you receive your payment.