HUD announced the Landlord Incentives Cohort of the expansion of the Moving to Work (MTW) Demonstration on January 27. NAHRO congratulates all the new MTW agencies entering the Demonstration through this cohort! This cohort will include a research and evaluation component that studies the impact of incentives aimed at encouraging landlords to participate in the Section 8 program. Agencies selected for the Landlord Incentives Cohort will also be able to utilize other flexibilities included within the MTW Demonstration.
Twenty-nine PHAs were selected for this cohort. Since January 2021, HUD has added a total of 70 PHAs to the MTW Demonstration. MTW PHAs are now in 38 states and D.C.
Congratulations to the new MTW Agencies!
Housing Authority of the City of Dothan (AL)
Berkeley Housing Authority (CA)
Housing Authority of the City of Alameda (CA)
Housing Authority of the City of Santa Barbara (CA)
Housing agencies will be able to use this funding to test public housing properties for radon. When needed, they will also be able to apply mitigation measures in their communities. The grants will be allocated in the early summer. The NOFA’s estimated application deadline in March 28. 2022.
On Monday January 24, HUD will publish in the Federal Register a notice that implements and provides guidance on the provisions included in the amendments of the Fostering Stable Housing Opportunities Act. The Fostering Stable Housing Opportunities (FSHO) amendments made changes to the assistance provided to eligible youth through the Family Unification Program (FUP) for FUP-eligible youth, including those who received vouchers through the Foster Youth to Independence (FYI) initiative. FSHO provides an extension of the assistance provided to eligible youth for up to 24 months beyond the 36-month time limit of assistance if the youth is participating in a Family Self-Sufficiency (FSS) program or if engaged in education, workforce development, or employment activities for at least 9 months of the 12-month period preceding the extension. FSHO also provides an extension of assistance for up to 24 months beyond the 36-month time limit of assistance for eligible youth who meet one of three statutory exceptions – being responsible for the care of a dependent child under the age of 6 or an incapacitated person, regularly participating in a drug addiction or alcohol treatment and rehabilitation program, or being incapable of complying with the requirement to participate in an FSS program or engaging in education, workforce development, or employment activities.
PHAs must inform eligible youth, including those issued vouchers prior to the publication of this notice, of the availability of this extension and the requirements that they must meet to receive an extension once the notice is in effect (90 days after publication). HUD is providing PHAs with flexibility in applying these requirements and encourages PHAs to provide these extensions to the broadest population possible consistent with the statutory requirements. PHAs will be required to update their Administrative Plans to include written policies regarding how they will implement the extension.
Comments on the implementation and guidance are due 60 days after publication in the Federal Register.
The letter notes that the federal government is operating under a continuing resolution (CR), which will fund federal programs (including the HCV program) at the same rate as last year until Feb. 18, 2022. Under this CR, the HCV housing assistance payment (HAP) proration will be 98.5% for Jan. and Feb. Similarly, under this CR, the HCV administrative fee proration will be 84% for Jan. and Feb. Mainstream vouchers will receive the same prorations for its HAP and administrative fee accounts respectively. At this time, PHAs may anticipate HAP and administrative payments for Feb.
The letter also provides prorations for amounts in Senate and House draft appropriations bills for CY 2022. The estimate for the House bill is 90% for the administrative fee and full funding for HAP. The estimate for the Senate bill is 93% for administrative fee and full funding for HAP. To estimate the total renewal amount required for HAP nationally, HUD applied a national average inflation factor of 3.73%. (Inflation factors for individual PHAs will vary.) Preliminary inflation factors for individual PHAs can be found in HUD’s two-year forecasting tool.
Some PHAs may hear from HUD staff, if HUD staff feels that those PHAs may experience a shortfall or have significant leasing potential. Finally, the deadlines to submit CY 2021 costs and leasing adjustment within the voucher management system is January 28, 2022.
The prorations provided by the letter are summarized in the table below.
This notice lists the waivers and flexibilities that are available to PHAs, notes that it will consider certain exceptions, and provides instructions on how to submit waiver, flexibility, and exception requests. The following flexibilities and waivers may be requested (please note that the list below is summarized—see the full notice to read the complete descriptions of the waivers):
Operating Subsidy Flexibility in Approved Vacancies – a PHA is eligible to receive funding for vacant public housing units that are vacant because of a declared disaster, subject to HUD approval. Eligible units will be considered approved for 12 months.
Uniform Financial Reporting Standards; Filing of Financial Reports; Reporting Compliance Dates – HUD may approve delays to certain financial reporting requirements.
Public Housing Assessment System – HUD may consider waiving the physical inspection and scoring of public housing projects.
Cost and Other Limitations; Maximum Project Cost; TDC Limit – HUD may waive total development costs (TDC) and housing cost cap limits for all work funded through the Capital Fund until the next issuance of TDC limits.
Cost and Other Limitations; Types of Labor – HUD may allow PHAs that are not high-performing to use force account labor for modernization-only activities even with not included in the PHA’s 5-year action plan. This waiver will not exceed a period of 12 months.
Capital Fund Formula; Replacement Housing Factor to Reflect Formula Need for Projects With Demolition or Disposition Occurring on or After October 1, 1998 and Prior to September 30, 2013 – HUD may allow unexpended Capital Fund Replacement Housing Factor Grants to be used for public housing modernization. This waiver will not exceed a period of 12 months.
Tenant Selection Policies and Administrative Plan – HUD may waive requirements that a PHA’s Board of Commissioners approves revisions to tenant selection policies and a PHA’s administrative plan if the revisions are temporary, do not exceed a period of 12 months, are not significant amendments, and comply with the PHA’s plan or state law.
Waiting List; Opening and Closing; Public Notice – HUD may waive the requirement that it must provide public notice when opening and closing its waiting list by posting in a local newspaper of general circulation. It would replace that requirement by an alternative one requiring the PHA to post notice to its website. The waiver will not exceed a period of 12 months.
HUD Approval of Exception Payment Standard Amount – HUD may approve an exception payment standard that is higher than 110% of the Fair Market Rent.
Housing Quality Standards; Space and Security – HUD may waive the requirement that units have at least 1 bedroom for every 2 people to house families displaced by natural disasters. The waiver will be in effect for the initial lease term.
Occupancy of Home – HUD may allow families participating in the homeownership program to continue receiving housing assistance payments even if displaced from their homes.
Contract of Participation; Contract Extension – HUD may consider authorizing a PHA to extend a family’s contract of participation in a Family Self Sufficiency program for up to 3 years. Any waiver will be in effect for a request made to the PHA during a period of up to 12 months.
Section 8 Management Assessment Program (SEMAP) – HUD may consider a request to carry forward a PHA’s last SEMAP score.
Verification of the Social Security – HUD may consider a request to transmit form HUD-50058 within 90 days, instead of the usual 30 days, of the receipt of the applicant’s social security documentation.
Specific Criteria for HUD Approval of Demolition Requests – for certain Section 18 demolition requests, HUD will accept certain environmental reviews.
Approval of Demolition – HUD may waive the requirement for a list of specific and detailed work items for certain Section 18 demolition requests.
A PHA may also request an exception to a requirement that is not listed. HUD will consider these requests subject to statutory and regulatory limitations.
To request waivers, if in a Presidentially Declared Disaster area, a PHA should complete Appendix A of the notice and email the completed appendix with supporting documentation to PIH_Disaster_Relief@hud.gov.