Author: Georgi Banna

President Kicks Off Holiday Weekend With Proposal to Increase HUD Funding

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The President’s full FY 2022 budget proposal released May 28, provides additional details to the topline numbers outlined by the Administration in April. Overall, the President proposes to increase HUD funding by 15%, focusing increases core programs, climate change resiliency, disinvested communities, and HUD staff capacity.  

The Administration proposes full funding for Section 8 On-going Administrative Fees, which HUD estimates to be $2.79 billion. In addition to fully funding Admin Fees, the President calls for an additional $490.7 million in Admin Fee for PHAs to use for mobility-related social services. If funded, it would be the first time since FY 2003 the full cost of operating the voucher program has been met. NAHRO commends the Administration for the recognition of the work that PHAs are doing in communities and the resources needed to continue those vital services.

NAHRO is glad to see the Administration’s support for affordable housing and community development reflected in the FY 2022 proposed budget. This 15% increase in HUD funding includes a significant increase for the public housing capital fund to preserve existing affordable housing, $500 million more for the HOME Program, which will build more affordable housing, and an increase in resources to support the Housing Choice Voucher Program. These are all vital steps in helping to house our nation’s families, seniors and children.

NAHRO President Sunny Shaw, in response to the budget proposal
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Federal Judge Vacates CDC Eviction Moratorium

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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.

HUD Restarts Inspections in June

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On April 23, HUD announced that the department plans to begin inspections for public housing and project-based rental assistance (PBRA) properties starting June 1. HUD Secretary Marcia Fudge noted that HUD “must take steps to ensure the whole health and well-being of the households we serve—including the conditions and quality of housing. We look forward to working with residents to ensure safe and successful inspections.”.

HUD will focus on properties that are considered “high priority” – those that have not been inspected for a significant amount of time or those that have failed their last inspection. Most of the PHA properties on HUD’s high priority inspection list have inspection scores below 60. HUD will also begin inspecting agencies participating in the National Standards for the Physical Inspection of Real Estate (NSPIRE) Demonstration. HUD will inform PHAs if any of their properties fall on the list of targeted inspections for 2021 on Monday, April 26. HUD will further provide notice to PHAs and owners 28 days before any inspection takes place at a property. HUD inspections will include enhanced safety protocols as established by the Centers for Disease Control (CDC), and HUD has entered a Memorandum of Understanding (MOU) to allow contracted inspectors to access COVID-19 vaccinations through the Department of Veteran’s Affairs, if they inspector so chooses.

If a resident does not feel comfortable with an inspector entering their unit, the resident may opt out from the inspection. In those instances, another unit will be selected for an inspection.

HUD will not be issuing inspection scores to PHAs in 2021 unless the agency specifically asks for one. Rather, inspectors will only be looking for life threatening deficiencies on the property. Life threatening deficiencies must be fixed within 24 hours of the inspection. HUD will be relying on NSPIRE standards to determine what constitutes a life-threatening deficiency. HUD recently posted an NSPIRE Life-Threatening Deficiencies fact sheet here. Multifamily properties will be inspected using UPCS and the inspections will be scored.

HUD will no longer be using the heat-map created last fall to determine which coronavirus hot-spots in the country to avoid. Rather, HUD will be inspecting units in all parts of the country, although attention will be paid to places that are seeing upticks in their COVID-19 case numbers.

HUD’s announcement can be found here.

CDC Eviction Moratorium Extended to June 30, 2021

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On March 28, the Centers for Disease Control and Prevention’s (CDC) Director Rochelle Walensky issued a 17-page order extending the CDC Eviction Moratorium from April 1, 2021 to June 30, 2021. The previous eviction moratorium order was set to expire on March 31. 

The order provides tenants with eviction protections for unpaid rent due to the impact of COVID-19. Tenants will be able to provide their landlord a signed declaration that invokes the eviction moratorium protections. Tenants that have previously provided their landlord a signed declaration will continue to have the eviction moratorium protections and will not need to provide a new declaration. 

NAHRO and HUD have provided resources to assist housing providers work with their tenants to catch up on unpaid rent and avoid eviction – these resources can be found here.

2019 Public Charge Rule No Longer Applicable

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The U.S. Department of Homeland Security (DHS) announced they will no longer defend the 2019 Public Charge rule and have withdrawn their appeal of an Illinois court decision invalidating the 2019 Public Charge rule. The result of DHS’s action is that the court’s decision striking down the 2019 Public Charge rule will become final and the previous 1999 interim field guidance (the immediate past policy) will apply.

Under the 1999 interim field guidance, DHS will not consider a person’s receipt of Medicaid (except for Medicaid for long-term institutionalization), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination.  In addition, medical treatment or preventive services for COVID-19, including vaccines, will not be considered for public charge purposes.

DHS Statement on Litigation Related to the Public Charge Ground of Inadmissibility, March 9, 2021

DHS has pre-published a final rule, Inadmissibility on Public Charge Grounds; Implementation of Vacatur, that removes the 2019 Public Charge rule text from the Federal Register. The rule will take affect when published which is scheduled for March 15, 2021.

CDC Eviction Moratorium Ruled Unconstitutional, Still in Effect

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Late on Feb. 25, 2021, Judge J. Campbell Barker of the United States District Court for the Eastern District of Texas ruled, in a 21-page order, that the eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) is unconstitutional.  Meaning the Federal government does not have the constitutional authority to issue the CDC eviction moratorium. The US Justice Department, attorneys for the CDC, argued that the federal government did have the authority to enact an eviction moratorium through Article 1 of the US Constitution’s power to enact laws necessary and proper to regulate interstate commerce. The Court was not convinced by this argument and ruled against the federal government. The Court did acknowledge that landlord-tenant relationship can be regulated by state law. 

Even though the CDC Eviction Moratorium was ruled unconstitutional, Judge Barker did not issue an injunction stopping the effect of the eviction moratorium. Therefore, the CDC Eviction Moratorium is still in place and effective at the time of this writing. The Justice Department released a statement on Saturday, February 27, 2021 “respectfully” disagreeing with the Court’s decision and further stating that “the [Justice] Department has appealed that decision.”  

NAHRO will continue to monitor the court activity surrounding the CDC Eviction Moratorium and will provide additional updates as warranted. 

New, Updated Emergency Rental Assistance Guidance Issued

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The U.S. Department of Treasury (Treasury) has released new and updated frequently asked questions (FAQs) on the Emergency Rental Assistance Program (ERAP) that was created by the December 27, 2020 omnibus appropriations act. These new February 22, 2021 dated FAQs replace in their entirety the previously issued January 19, 2021 FAQs.

NAHRO commends Treasury for the new FAQs, as they provide much-needed clear and reasonable guidance on the ERAP. NAHRO has been in contact with Treasury on numerous occasions to ensure that PHAs and their residents are served by the ERAP. On January 25, 2021, NAHRO sent a letter to the Treasury and U.S. Department of Housing and Urban Development outlining our concerns with the January 19, 2021 FAQs, and the new FAQs address many of NAHRO’s concerns. These new FAQs are a major step forward for PHAs in meeting their COVID-19 housing needs of HUD-assisted residents.  

Below are a number of the key guidance points provided by the February 22, 2021 FAQs:

  • Federally assisted tenants (Public Housing, Housing Choice Voucher, & Project-Based Rental Assistance) are eligible for ERAP assistance for the tenant-owed portion of rent and utilities that are not subsidized. 
  • Tenants may document their financial hardship due to COVID-19 (unemployment benefits, reduction of income, significant costs, or other COVID-19 financial hardship) by written attestation signed by the tenant that one or more household members meet this eligibility criteria. 
  • Tenant household income is defined by using either HUD’s “annual income” definition in 24 CFR 5.609 or adjusted gross income reported on an Internal Revenue Service Form 1040 series. 
  • “Other expenses related to housing” examples are provided. The examples include but are not limited to: 
    • relocation expenses and rental fees (if a household has been temporarily or permanently displaced due to the COVID-19 outbreak);  
    • reasonable accrued late fees (if not included in rental or utility arrears and if incurred due to COVID-19); and  
    • Internet service provided to the rental unit. 
  • Outreach to landlords and utility providers must be done before providing the funds directly to the tenant. Outreach can be done using the following methods: 
    • a request for participation is sent in writing, by mail, to the landlord or utility provider, and the addressee does not respond to the request within 14 calendar days after mailing;  
    • the grantee has made at least three attempts by phone, text, or e-mail over a 10 calendar-day period to request the landlord or utility provider’s participation; or 
    • a landlord confirms in writing that the landlord does not wish to participate. 
  • PHAs, non-profit organizations, and local governments may operate ERAP programs through contractor, subrecipient, or intergovernmental cooperation agreements with the primary grantee at the state or local jurisdiction level. These agreements must meet monitoring and management requirements of 2 CFR 200.331-200.333 and procurement standards of 2 CFR 200.317-200.327. 

These are just a few of the answers in the new FAQs. The full FAQs are available on the NAHRO website’s Emergency Rental Assistance Program page. The Emergency Rental Assistance Program, including these FAQs, will be a focus of the 2021 NAHRO Online Washington Conference’s Treasury Affordable Housing Program and Washington Report sessions on March 2, 2021. Click here to register for the 2021 NAHRO Online Washington Conference. 

NAHRO & NLC Webinar on Eviction Prevention and Emergency Rental Assistance Program – Feb 18 @ 12:30pm ET

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NAHRO and the National League of Cities are teaming up to bring their members critical information on eviction prevention strategies and the Treasury Department’s Emergency Rental Assistance Program (ERAP). The complimentary webinar will take place on Thursday, Feb. 18 at 12:30 pm ET. Registration information can be found here.

The webinar will also discuss the upcoming reconciliation process the new COVID-19 relief package will take through Congress, as well as an overview of eviction prevention strategies cities and community partners are implementing in the midst of COVID-19, and highlights of resources to prevent housing instability.

Information on ERAP is changing rapidly, and it is important for PHAs that want to partner with their State and/or local jurisdiction to be up to date. Join the NAHRO and NLC teams to hear the latest information on ERAP, including information on family eligibility and eligible use, along with an update on how the new administration plans on implementing the program. We will also be joined by a PHA that will share how their housing authority has partnered with the local jurisdiction to provide local emergency rental assistance.

The NARHO and NLC teams look forward to sharing this important information! Register Now for the important webinar.

NAHRO on Instagram Live NOW!

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Join NAHRO’s Director of Congressional Affairs, Tess Hembree; and NAHRO’s Legislative Network Chair & Minneapolis Housing Authority Deputy Director Jennifer Keogh discuss What Does 2021 Mean for Affordable Housing?

They are on Instagram now at https://www.instagram.com/nahronational/. Join the discussion!

This Instagram Live session ended but you can view the recording at https://www.instagram.com/nahronational/channel/.

Thirdhand Smoke Informational Webinar

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NAHRO from time-to-time shares information and webinars from affordable housing partners. Today we are sharing an upcoming webinar from the Thirdhand Smoke Resource Center.

Thirdhand Smoke:
What Every Property Manager Needs to Know

Thursday, October 15, 2020, 2:00-3:00 pm PST
The webinar is free to participants.
REGISTER NOW!

Many property managers are all too familiar with complaints about secondhand smoke and the smell and discoloration left behind in the units of smokers. But did you know that this smell and discoloration is the result of the toxic residue left behind by tobacco smoke and it has negative health effects? Also known as thirdhand smoke, this toxic residue sticks to carpets, doors, furniture, walls, and other surfaces and materials and can remain for years after secondhand smoke has disappeared. How much do you know about thirdhand smoke? How prepared are you to prevent toxic thirdhand smoke? How prepared are you to deal with thirdhand smoke that has built up in an apartment?

This webinar will explain why it is so difficult to remove thirdhand smoke once it has become established and will focus on successful strategies to prevent thirdhand smoke in multiunit housing, with plenty of time for discussion with our panelists!

Webinar topics include:

  1. Thirdhand smoke: origins, constituents, routes of exposure, remediation
  2. Regulatory approaches to prevention of thirdhand smoke in multiunit housing
  3. Policy approaches to prevention of thirdhand smoke in multiunit housing
  4. Strategies for overcoming resistance: Successes, challenges, and resource

Thank you for sharing this invitation with property managers and owners!