HUD Publishes Small Area FMR Guidebook and Additional Information on Small Area FMR Implementation

HUD has recently published several additional sources of information on Small Area FMR implementation. Recently published sources of information include the following:

Additionally, links are provided to the previously published Small Area FMR guidance and Small Area FMR HUDUser page.

All of these links and additional information on each these sources can be found on the HUD Exchange page here.

Public Housing Reentry Technical Assistance

The Vera Institute of Justice (Vera) is accepting applications from PHAs for 14 months of technical assistance for those PHAs that are planning and implementing reentry programs or changing their policies to safely increase access to housing for people with conviction histories.

Vera encourages a diverse set of PHAs to apply–including those of all sizes and those with Housing Choice Vouchers. Multiple PHAs that are geographically close to each other may also submit a single joint application.

Applications will be accepted until 11:59 PST on Wednesday, May 2, 2018.

Questions should be directed to John Bae at Additional information on the application can be found here.

2018 HCV Admin Fee Rates posted

Yesterday, HUD’s Housing Voucher Financial Management Division sent an email stating that the CY 2018 Administrative Fee Rate Tables have been posted on HUD’s Housing Choice Voucher (HCV) Program page.

The CY 2018 Administrative Fee Rates Description can be found here.

The CY 2018 Administrative Fee Rate Tables can be found here.

The Office of Housing Choice Vouchers website (where the tables are posted) can be found here.

HUD Permanently Sets Aside Small Area FMR Suspension

In a stipulated judgment filed on February 16, HUD has permanently set aside the Small Area Fair Market Rent (FMR) suspension. Last summer, using authority in the Small Area FMR regulation, HUD suspended the mandatory implementation of Small Area FMRs for 23 of 24 designated areas. Recently, a federal court found that HUD did not appropriately use its regulatory authority to suspend the mandatory components of the rule. In this document, HUD agrees to permanently set aside the suspension and continue implementing the Small Area FMR program on an expedited basis.

The full stipulated judgment and order can be found here.

HUD Updates FY 2018 FMRs

Earlier today, HUD published a notice in the Federal Register titled “Fair Market Rents for the Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program Fiscal Year 2018; Revised.” The notice updates the FY 2018 FMRs based on new survey data for the following eight areas:

  • Hawaii County, HI;
  • Hood River County, OR;
  • Jonesboro, AR HUD Metro FMR Area (HMFA);
  • Santa Cruz-Watsonville, CA Metropolitan Statistical Area (MSA);
  • Santa Maria-Santa-Barbara, CA MSA;
  • Seattle-Bellevue, WA HMFA;
  • Urban Honolulu, HI MSA; and
  • Wasco County, OR.

These eight areas requested reevaluation and provided data to HUD to allow for a reevaluation. The notice also responds to comments previously submitted.

The full notice can be found here.

HUD Publishes Notice on FY 2017 Set-Aside Tenant-Protection Vouchers

Earlier today, HUD published a notice titled “Funding Availability for Set-Aside Tenant-Protection Vouchers – Fiscal Year 2017 Funding” (PIH 2018-02; H 2018-01). In it, HUD makes 5 million dollars available from the Fiscal Year (FY) 2017 Appropriations Act that the bill allocated for Tenant Protection-Vouchers (TPVs) for certain at-risk households in low-vacancy areas.

Major changes from the FY 2016 Funding Availability for Tenant-Protection Vouchers notice include the following:

  • Application submission has been revised in two ways:
    • Owners may submit an application for a triggering event that occurred within the past 5 years or will occur within 180 days;
    • applications will be received on a rolling basis until funding is exhausted or HUD issues a new notice for FY 2018;
  • Removes the “Rental Assistance Payments (RAP) contract expirations prior to” FY 2012 and “properties with Rent Supplement contract expirations prior to FY 2000” categories;
  • Requires owners specify between enhanced vouchers or Project-based Vouchers (PBVs) and whether the owner is willing to accept the other form of assistance where the Public and Indian Housing (PIH) Field Office is unable to find a PHA willing to administer the preferred assistance type;
  • Adopts Fair Market Rents (FMRs) and Small Area FMRs (in metropolitan areas) as a proxy for market rents;
  • Revises owner calculation of household income requirements;
  • Consolidates previous household list requirements;
  • Allows PHAs to rely on an owner’s determination of a rent burden for a household;
  • Allows owners and PHAs to use an owner’s most recent family income examination in certain circumstances;
  • Revises how low-vacancy areas are defined; and
  • Removes HUD internal standard operating procedures.

NAHRO is still in the process of reading through this notice and will supply additional details to its members.

The notice can be found here.

HUD’s Oversight and Evaluation Division Renamed the Inspection Standards & Data for Vouchers Division

Earlier today, HUD sent an email stating that HUD’s Oversight and Evaluation Division (OED)–in the Real Estate Assessment Center (REAC)–would be renamed the Inspection Standards & Data for Vouchers (ISDV) Division. The ISDV Division is the group within HUD running the UPCS-V (the inspections protocol which will be the successor to the HQS protocol in the Housing Choice Voucher (HCV) program) Demonstration. The email notes that the name change “serves to align the division’s name with [its] mission, culture, services and philosophy.” ISDV will strive to maintain a culture of transparency; streamline inspections, while maintaining accuracy; and increase owners’ and tenants’ ability to access information about their homes.

ISDV Division’s website can be found here.

Small Area FMR Guidance Published

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.

HUD Publishes New AFFH FAQ

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.

HUD Extends AFH Deadline for Local Governments

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.

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