Day: May 5, 2021

HUD Publishes Details on New Emergency Housing Vouchers

~ Tushar Gurjal ~ Leave a comment

As part of the American Rescue Plan, Congress allocated $5 billion in funding for Emergency Housing Vouchers. On May 5, 2021, HUD published PIH 2021-15 titled “Emergency Housing Vouchers – Operating Requirements.” HUD is using a portion of that funding to allocate 70,000 vouchers to PHAs. The vouchers are to assist families that are experiencing homelessness (or at risk of homelessness); attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking; or were recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability.

For more information about the vouchers, please join us for a webinar on Thursday, May 13: “Emergency Housing Vouchers – What You Need to Know!“

The notice lays out the procedures and requirements of receiving and administering the emergency housing vouchers (EHVs). It states operating requirements; allocation of administrative and other support services fees; the housing assistance payments (HAP) funding renewal process; family eligibility requirements; EHV waivers; the EHV recapture and redistribution procedures; and the prohibition on the reissuance of turnover of EHVs after Sept. 30, 2023.

In structuring this program, HUD reached out to industry groups to ask for feedback. NAHRO provided comments on how the program should be structured. We are pleased that much of NAHRO’s feedback was incorporated into this notice including creating a services fee, using enhanced payment standards, allowing security deposit assistance, allowing utility deposit assistance, allowing rental application assistance, allowing the use of landlord incentives, allowing purchasing essential household items (e.g., furniture), allowing initial self-certification of certain information, and using certain other flexibilities.

NAHRO members will receive additional information in the near future.

The full notice can be found here.

Federal Judge Vacates CDC Eviction Moratorium

~ Georgi Banna ~ Leave a comment

A federal judge has set aside and vacated the eviction moratorium put in place by the Centers for Disease Control and Prevention (CDC). On May 5, Judge Dabney Friedrich of the United States District Court for the District of Columbia issued an opinion that was narrowly focused on one question, “Does the Public Health Service Act grant the CDC the legal authority to impose a nationwide eviction moratorium?” Judge Friedrich answered the question, “It does not” and further explains that the CDC and the Secretary of the U.S. Department of Health and Human Services exceeded the authority granted to them by the Public Health Service Act by issuing a nationwide eviction moratorium.

Judge Friedrich’s opinion can be found here. PHAs must continue to follow all local (state, county, city) eviction moratoriums and local landlord tenant laws. NAHRO will continue to follow this case and share additional information as it becomes available.

UPDATE (5/5/2021, 2:26pm ET) – The US Justice Department is appealing to the United States Court of Appeals for the District of Columbia Circuit the US District Court’s order vacating the CDC eviction moratorium.

UPDATE (5/5/2021, 3:31pm ET) – The US Justice Department has issued a statement respectfully disagreeing with the District Court’s decision and confirming that they have filed a notice of appeal of the decision. The statement is available here.

UPDATE (5/6/2021, 8:48am ET) – Judge Friedrich has issued an administrative stay putting her order vacating the CDC eviction moratorium on hold. The court will allow both parties to submit briefs against and in support of the stay and will then make a further decision on to keep the stay in place or not. As of this update, the CDC eviction moratorium remains in effect.