HUD Releases Notice on Executive Compensation for 2017

HUD recently issued Notice PIH-2018-13 providing additional information on calendar year (CY) 2017 executive compensation reporting. The Notice specifically instructs PHAs on how to use the HUD-52725 Form that reports executive compensation for CY 2017. The requirements apply to all PHAs that administer a public housing or Section 8 program, including PHAs that have  converted their entire public housing portfolio through RAD that still receive funding sourced from Section 8 or 9 of the US Housing Act of 1937.
The FY 2017 Consolidated Appropriations Act included language (members only) prohibiting PHAs from using any Tenant-Based Voucher, Operating Fund, or Capital Fund dollars to pay any amount of salary above the base rate of pay for level IV of the Executive Schedule, or $161,900 for FY 2017. This restriction included salary as well as bonuses or other incentive pay. This provision affirmed a policy that has been in place since the FY 2015 Consolidated Appropriations Act.

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HUD Announces Choice Neighborhood Planning Grant Awards

On September 5, HUD announced that it is awarding $4.8 million in Choice Neighborhood Planning Grants to six communities. The grants, funded through HUD’s Choice Neighborhoods program, will help local leaders craft comprehensive, homegrown plans to revitalize and transform neighborhoods.

Choice Neighborhoods is focused on three core goals: replacing distressed public and assisted housing, improving the outcomes of people living in assisted housing, and creating the conditions necessary for public and private reinvestment in distressed neighborhoods.

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HUD Announces Lead-Based Paint Capital Fund Program Awards

On September 5, HUD announced that it is awarding $18 million to 20 public housing agencies through their Lead-Based Paint Capital Fund Program. The funds are used to ensure public housing developments that were tested and abated over twenty years ago remain lead-free. In FY 2017, Congress appropriated $25 million to be available for competitive grants to PHAs to evaluate and reduce lead-based paint hazards in public housing. According to HUD, “[w]hile lead-based paint was banned for residential use in 1978, many older homes may still contain hazards that require proper cleanup.” Grants are available for risk assessments, abatement, and interim controls as defined in Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. These grants are subject to normal PHA regulations.

A list of PHAs receiving awards can be found in HUD’s press release.

 

 

HUD Issues Notice Suspending HOME 24-Month Commitment Requirement

On August 27, HUD’s Office of Community Planning and Development (CPD) published notice CPD-18-10, titled “Suspension of 24-Month Commitment Requirement for Deadlines Occurring in 2016, 2017, 2018, 2019, and 2020.” The FY18 omnibus contained a hard-fought provision, first included in the FY 2017 omnibus, which suspended the HOME program’s statutory 24-month commitment requirement for HOME funds that are set to expire in 2016, 2017, 2018, 2019, and 2020. The commitment requirement was widely viewed as a difficult and unnecessary deadline for participating jurisdictions (PJs) to meet.

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HUD Awards FY 18 Emergency Safety and Security Grants

HUD has awarded on $5 million to 22 public housing agencies across the country for Emergency and Security Improvements.  The FY18 omnibus provided $21.5 million for grants to PHAs for emergency capital needs resulting from unforeseen or unpreventable emergencies and natural disasters, excluding presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act. This included a set-aside of $5 million reserved for safety and security emergencies. HUD’s Capital Fund Emergency Safety and Security Program supports public housing authorities as they address the safety of public housing residents. These grants may be used to install, repair, or replace capital needs items including security systems/surveillance cameras, fencing, lighting systems, emergency alarm systems, window bars, deadbolt locks and doors.

HUD’s press release can be found here.

HUD Publishes Notice on HOME Homebuyer Program

On August 8, HUD’s Office of Community Planning and Development posted Notice CPD-18-09, “Requirements for HOME Homebuyer Program Policies and Procedures.” The Notice provides guidance to HOME Investment Partnerships Program (HOME) participating jurisdictions (PJs) on requirements for the homebuyer program. Requirements include: homebuyer underwriting standards, responsible legal standards, and standards for refinancing and subordination of HOME loans. PJs must implement these requirements for all homebuyers who receive HOME assistance of purchase a unit developed with HOME funds.

The Notice also includes guidance on the housing counseling requirements for the HOME Homebuyer Program, including the use of HUD-approved counselors and housing counseling agencies.

 

HUD Implements Over Income Limits for Public Housing Residents

On July 26, HUD posted a notice in the Federal Register implementing Public Housing income limits as required by the Housing Opportunity Through Modernization Act of 2016 (HOTMA). HOTMA places the threshold for over-income families as those with incomes over 120 percent of area median income (AMI) for the most recent two consecutive years. If a family meets this threshold, public housing authorities (PHAs) have the option of either charging the higher of the fair market rent for the unit or the monthly subsidy (operating and capital fund), or terminating the tenancy within 6 months. Language in HOTMA also provides the Secretary the discretion to establish different income limitations based on local construction costs or unusually high or low incomes, vacancy rates, or rents.

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HUD Releases CoC Program Competition NOFA

On June 20, HUD issued the Notice of Funding Availability (NOFA) for the FY 18 Continuum of Care (CoC) Program Competition. The FY 18 omnibus provided $2.513 billion to fund the Homeless Assistance Grants account, $130 million above FY 2017 enacted, including at least $2.106 billion for the Continuum of Care (CoC) and Rural Housing Stability Assistance programs. Approximately $2.1 billion is available in this FY 2018 CoC Program Competition NOFA, including up to $50 million available for Domestic Violence Bonus projects. Interested parties can apply as either collaborative applicants or  project applicants.

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HUD Posts Lead-Base Paint Hazard Reduction Grant NOFA

On June 19, HUD posted a Notice of Funding Availability (NOFA) for federally recognized Native American tribal governments, city or county townships, county governments, state governments, and special district governments for its Lead-Based Paint Hazard Reduction program. The purpose of the grant is to help eligible entities undertake “comprehensive programs to identify and control lead-based paint hazards in eligible privately-owned rental or owner-occupied housing populations.” Continue reading

HUD Seeks Comments on Disparate Impact

On Wednesday, June 20, HUD will formally publish their Advanced Notice of Proposed Rulemaking  (ANPR) titled, “Reconsideration of HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard.” HUD is seeking comment on whether they should reopen the rule based on the Supreme Court’s ruling in the 2015 Texas Department of Housing and Community Affairs versus the Inclusive Communities Project, Inc (Inclusive Communities) and public feedback relating to HUD’s regulatory reform efforts. Comments are due 60 days after the ANPR is published on June 20th. HUD announced their plan to reexamine the Disparate Impact Final Rule in a press release on May 10th.

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