Author: Tushar Gurjal

HUD Expedited Waiver Notice Deadline Extended to April 1, 2022

~ Tushar Gurjal ~ Leave a comment

The deadline to apply for an expedited waiver has been extended to April 1. The CARES Act waivers, which were passed as a response to the COVID-19 pandemic expired at the end of 2021. A more limited set of regulatory waivers were created in PIH Notice 2021-31 titled “Expedited Regulatory Waivers for the Public Housing and Housing Choice Voucher (including Mainstream and Mod Rehab) Programs.” PHAs must apply for these waivers to be able to use them and must apply by April 1. After April 1, PHAs may still apply for the waivers, but they will not be processed as quickly. Available waivers include the following:

  • A waiver to set the Housing Choice Voucher (HCV) program payment standard up to 120% of the fair market rent (FMR);
  • A waiver to increase the payment standard for a family at any time after the effective date of the increase, instead of the next regular reexamination;
  • A waiver to waive the application of SEMAP for PHAs with certain fiscal year ends;
  • A waiver to grant a voucher term of extension without changing the administrative plan; and
  • A waiver to extend homeownership assistance for an additional year.

Instructions on how to apply for these expedited waivers can be found here.

Reminder: HCV Utilization Webinar Tomorrow at 2 pm ET

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[Edit: A prior version of this post incorrectly identified the day and time of this webinar. The date and time has been corrected.]

Tomorrow (2/17/2022) at 2 pm ET, HUD will host a webinar titled “HCV Utilization Webinar – Landlord Engagement.” During the webinar, HUD will provide an overview of newly available resources to improve landlord relationships, including landlord testimonial videos, a toolkit for planning and facilitating a landlord symposium, and and fact sheet explaining the roles of PHAs.

Registration for the webinar can be found here.

PHA Voter Registration Activities

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On Feb. 9, HUD sent an email to PHA Executive Directors informing them what role a PHA may play in ensuring public housing residents have access to the electoral process and certain voter registration activities. PHAs should note that many electoral rules are set by the state and should ensure that they are complying with all applicable state and local laws.

Permissible PHA activities included the following:

  1. “Providing documentation of residence (e.g., address verification, leases, etc.) to public housing residents when requested to ensure residents are able to register to vote and vote. Your PHA and PHA residents can visit Vote.gov to determine what documentation of residence will be most helpful to persons trying to register to vote in your state.
  2. Applying to States to operate as a voter registration agency under the National Voter Registration Act. States are allowed to designate state, federal and non-governmental offices as voter registration agencies.
    • If your PHA would like to be considered to be a voter registration agency, you can reach out to state election officials for more information about the rules and laws for your state. HUD does not make determinations about what offices can be designated as voter registration agencies – only your state election officials can make that determination.
    • For more information on what it means to be a voter registration agency, see this FAQ by the Department of Justice: https://www.justice.gov/crt/national-voter-registration-act-1993-nvra
  3. Making voter registration resources available to residents. If you are not designated by the state as a voter registration agency, you can still facilitate residents’ access to voter registration. Such permissible actions include:
    • Making voter registration forms available to residents.
    • If the laws of your state allow, accepting completed voter registration application forms and transmitting these forms to the appropriate State election official.
    • If the voter registration laws of your state allow, running a PHA-initiated voter registration drive. However, you would need to consult with your counsel and your state election director to identify the rules and laws around voter registration drives for your state.
  4. Permitting the use of PHA community space on an incidental basis to hold meetings, candidate forums, or voter registration, provided that all parties and organizations have access to the facility on an equal basis and are assessed equal rent or use charges.
  5. Collaborating with local election administrators to permit the use of PHA space for voter drop boxes and voting sites, including for early voting.” [Citations removed.]

To meet the costs of the above activities, PHAs may use public housing operating subsidies or administrative fees from the voucher program.

PHAs must not fund partisan political facilities or activities. Additionally, PHAs should not suggest that benefits are tied to voting activity, nor should they give the appearance that voting and voter registration are not voluntary activities. Additionally, PHAs should follow all applicable civil rights laws, including those that ensure voting processes are accessible for individuals with disabilities.

Additional information may be found at https://vote.gov. Additional questions may be sent to PHAVoterRegistration@hud.gov.

HUD to Host HCV Utilization Webinar on Feb. 17 at 3 pm ET

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On Feb. 17 at 3 pm ET, HUD will host a webinar titled “HCV Utilization Webinar – Landlord Engagement.” During the webinar, HUD will provide an overview of newly available resources to improve landlord relationships, including landlord testimonial videos, a toolkit for planning and facilitating a landlord symposium, and and fact sheet explaining the roles of PHAs.

Registration for the webinar can be found here.

Carbon Monoxide Alarms or Detectors Required in HUD Housing

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On Jan. 31, HUD published a notice titled “Carbon Monoxide Alarms or Detectors in U.S. Housing and Urban Development (HUD)-Assisted Housing.” The notice discusses the risks of carbon monoxide (CO), provides resources for detecting CO and preventing exposure, and requires that CO alarms or detectors be installed in certain HUD-assisted housing. The notice states that housing in the following programs should comply with the International Fire Code (IFC) 2018 standards on the installation of CO alarms or detectors by Dec. 27, 2022:

  • Public Housing (PH);
  • Housing Choice Voucher (HCV) program;
  • Project-based Voucher (PBV) program;
  • Project-based Rental Assistance (PBRA);
  • Section 202 Supportive Housing for the Elderly (Section 202);
  • Section 811 Supportive Housing for Persons with Disabilities (Section 811).

Carbon monoxide is a “an odorless, colorless, and toxic gas.” It can be caused by the “fuel burned in vehicles, small engines, stoves, lanterns, grills, fireplaces, gas ranges, or furnaces.” It can poison people and animals when it builds up indoors. While the effects of CO exposure can vary, it can cause adverse health impacts such as “permanent brain damage, life-threatening cardiac complications, fetal death or miscarriage, and death in a matter of minutes.”

The International Code Council (ICC) publishes the International Fire Code (IFC). HUD encourages PHAs and owners to adopt standards at or above the standards of the 2018 International Fire Code. These requirements will be enforced by HUD after Dec. 27, 2022. HUD encourages PHAs and owners to adopt the standards as soon as possible.

PHAs with PH may use either Operating Funds or Capital funds for CO alarms or detectors. There are also Capital Fund competitions for additional funds. For the HCV and PBV programs, the owner is responsible for the CO alarms or detectors, but PHAs may use their administrative fees for landlord  outreach and education on CO requirements. Owners of PBRA, Section 202, and Section 811 properties may use the property’s reserve for replacement account, residual receipts, general operating reserves, owner contributions, or secondary financing to fund CO alarms and detectors.

The notice helps PHAs and owners prevent the intrusion of CO. The notice provides examples of activities the prevent CO intrusion. It also provides a list of sources of CO that can be found in a housing environment. Finally, it gives examples of activities residents should avoid to prevent unintentional CO poisoning. HUD intends to provide additional guidance to be used to educate tenants.

Finally, the notice provides a list of additional resources including resources from other relevant federal agencies.

The full notice can be found here.

HUD EHV Office Hours Today at 3 pm ET

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HUD is hosting office hours for PHAs with Emergency Housing Vouchers today at 3 pm ET. Today’s session will “explore tips on running the EHV Exception Report to analyze and correct discrepancies.” An EHV exception report showing the discrepancy between a PHA’s voucher management system (VMS) entries and its IMS/PIC entries can be found here.

HUD’s EHV office hours webinar can be accessed here (at 3 pm ET).

$4 Million for Radon Testing NOFA

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On Jan. 26, in a press release, HUD announced $4 million to be available for radon testing through the new Radon Testing and Mitigation Demonstration program Notice of Funding Opportunity (NOFA). Radon is an odorless, clear radioactive gas that is found in every part of the United States. It can move from soil into buildings through small openings in a building’s foundation. When inhaled, radon can increase the risk of developing lung cancer.

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.

HUD’s press release can be found here.

The full NOFA can be found here.

HUD Sends HCV Get-Ready Letter to PHA Executive Directors

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On Jan. 18, HUD sent a letter to PHA Executive Directors titled “CY 2022 Housing Choice Voucher Program (HCV) Renewal Awards.” The letter provides information on current and future prorations of voucher accounts to help HCV program administrators in planning their program.

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.

 2022 CR (Jan. and Feb.)2022 Senate Approps. Bill2022 House Approps. Bill
HAP98.5%100%100%
Administrative Fee84%93%90%

The full letter can be found here.

New HUD Waiver Notice for Disaster Areas

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On Jan. 5, HUD published a notice in the Federal Register titled “Regulatory and Administrative Requirement Waivers and Flexibilities Available to HUD Public Housing and Section 8 During CY 2022 and CY 2023 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters.” The notice provides an expedited process for PHAs to apply for certain waivers and flexibilities when faced with a Presidentially Declared Disaster (PDD) for the calendar years (CYs) 2022 and 2023. The notice is effective from Jan. 1, 2022 to Dec. 31, 2023.

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.

The full notice can be accessed here.

New “Landlord-Focused Customer Service” Chapter for HCV Landlord Strategy Guidebook

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A new chapter for the Housing Choice Voucher (HCV) Landlord Strategy Guidebook has been published. The new chapter–titled “Landlord-Focused Customer Service“–discusses landlord service responsiveness, creating a landlord single point of contact, and creating a call center. The guidebook as a whole is meant to raise PHA awareness of strategies that they can employ to improve landlord participation in the HCV program.

The “Landlord-Focused Customer Service” chapter can be found here.

The HCV Landlords Strategy Guidebook can be found here.