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.
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.
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).
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.
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.
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.
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.
On Friday, December 29, HUD sent an email stating that a Federal Court has set aside the Small Area FMR Suspension. The suspension, citing harm to vulnerable households, would have delayed the implementation of Small Area FMRs until 2020. The email states that “PHAs must immediately take all steps necessary with respect to dedicating monetary and human resources towards the implementation; as well as integrating the new FMR requirements in any planning the PHA conducts. As expeditiously as possible, HUD will issue guidance addressing implementation issues, technical assistance, and potential obstacles to implementation.”
NAHRO is in the process of working with HUD to help implement Small Area FMRs for those members who must now use them.