On Jan. 25, HUD released Notice 2023-01354, which notifies Demonstration participants within HUD’s Multifamily Housing program that they will be subject to an inspection through the NSPIRE demonstration. Multifamily Housing participants who do not want to receive a score through NSPIRE before October 1, 2023 are allowed to opt-out and receive an inspection of record through the Uniform Physical Condition Standards (UPCS). Those interested in opting-out should submit a request via email to NSPIRE-Demo-Opt-Out@hud.gov no later than March 1, 2023.
The notice also revises the demonstration so that it ends on the effective date of the NSPIRE final rule.
Demonstration end dates:
- Public Housing: Demonstration ends June 30, 2023
- Multifamily Housing: Demonstration ends September 30, 2023
Should these dates change, HUD will provide an additional notice through the Federal Register.
For the full notice please see here.
On Jan. 18, HUD published Notice 2023-00721, which addresses requirements for Community Development Block Grant Disaster Recovery (CDBG-DR) grants. This applies to funds for disasters that occurred in 2020 and 2021 allocated by the Disaster Relief Supplemental Appropriations Act of 2022. Very significantly, many requirements address amendments to the Consolidated Notice, which focus on waivers and alternative requirements for CDBG-DR grantees.
This notice applies to grantees starting January 23, 2023.
Sections that are primarily covered in the notice include:
- Use of Funds
- Overview of the Grant Process
- Applicable Rules, Statues, Waivers, and Alternative Requirements
- Duration of Funding
To get a complete detailed analysis of the notice, please see our Jan 31 edition of The NAHRO Monitor.
For the original version of the notice within the Federal Register please see here.
Applications due April 13, 2023
HUD has combined Housing-related Health Hazards and Lead-Based Paint Capital Fund Program funding for public housing. PHAs may apply for grants to reduce “lead-based paint, carbon monoxide, mold, radon, fire, and asbestos.”
Find the application form on grants.gov here, the HUD press release here, and more information in the January 31st edition of The NAHRO Monitor.
On Jan. 6, HUD published a notice in the Federal Register detailing several changes that were made in the 2022 revision to the Violence Against Women Act (VAWA). The changes were made in several sections. Many of the changes became effective on Oct. 1, 2022. The Department is seeking comment on the proposed changes by March 6, 2022.
Changes to VAWA Definitions
The revision amends the definition of “domestic violence” to include “any felony or misdemeanor crimes committed under the family or domestic violence laws of the jurisdiction receiving grant funding.” This definition includes “in the case of victim services, the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior” by certain individuals including current or former spouses, current or former co-inhabitants, people sharing a child, or people who commit acts against people protected from acts by family or domestic violence laws of a jurisdiction.
The definitional change occurred on Oct. 1, 2022. While the change is only for grants authorized under VAWA, HUD notes that the current definition of domestic violence covers all of the additional conduct specified in VAWA 2022, and HUD interprets the existing regulatory definitions of “domestic violence” and “stalking” to encompass all of the revised conduct.
Additional Covered Housing Programs
The revision expands the scope of covered programs to include the Section 202 Direct Loan Program, the Housing Trust Fund, and any other federal housing programs. For the Housing Trust Fund, the Department already considers it a covered program through its regulatory authority. The Department will issue new regulations to cover all the additional programs.
On Jan. 5, HUD sent an HCV Get Ready Letter to PHA Executive Directors. The letter informs PHAs “of the status of HCV program funding, projections for calendar year (CY) 2023 renewal funding” and certain other items.
The Department estimates that the overall funding proration levels for 2023 will be the following:
- 99% for Housing Assistance Payments (HAP); and
- 91% for administrative fees.
Housing agencies should anticipate an offset to ensure that there is enough funding for 100% of voucher renewal expenses. The Department calculates the national average inflation factor to be 10.13%, though individual agencies will have their own individual inflation factors. In absolute terms, there has been an increase in HAP and administrative funding, and HUD recommends that PHAs make adjustments to account for this increase.
Additionally, housing agencies should expect timely HAP and administrative fee disbursements for the HCV program and the mainstream voucher program through Feb. 2023. These payments have been obligated as follows:
- Jan. and Feb. 2023 HAP obligations at 100% proration of estimated CY 2022 eligibility;
- Jan. and Feb. 2023 administrative fee obligations at 89% of estimated CY 2023 eligibility; and
- Jan. and Feb. mainstream voucher funding at the same levels for the respective accounts as listed above.
The deadline to submit CY 2022 costs and leasing adjustments in the Voucher Management System (VMS) is Jan. 27, 2023. All CY 2022 PIC reporting must be submitted by 4 pm on March 31, 2023.
The full 2023 HCV Get Ready Letter may be found here.
On Dec. 27, HUD sent an email to PHA executive directors reminding them that the requirements for carbon monoxide devices in voucher units and multifamily units are in effect. The requirements went into effect on Dec. 27, 2022. The requirements were first outlined at the beginning of the year, in PIH Notice 2022-01. The email states that the “devices are required in properties with carbon monoxide sources, such as those with fuel-burning appliances or attached garages.” Carbon monoxide devices must be installed according to the standards of the 2018 International Fire Code. Additionally, HUD has created a simple flowchart to help illustrate the instances when an owner may need to install a device.
Resources mentioned in the email include the following:
On February 1, at 2PM ET, NAHRO will host a Policy eBriefing that will provide timely information on Inflation Reduction Act (IRA) programs. This includes innovative strategies for attaining energy and resilience funding for affordable housing building improvements through funding in the IRA. Join NAHRO staff, Steve Morgan from Ameresco, and Vlada Kenniff from NYCHA to learn about the $25 billion in incentives in the IRA, plus significant new tax credits via four federal agencies – IRS, EPA, DOE and HUD — for investments in energy efficiency, renewables, and resilience measures, including indoor air quality. This Policy eBriefing will also touch on jobs, health, and education.
Register for Energy & Resilience Incentives in Inflation Reduction Act (IRA) for PHAs and other Affordable Housing Providers: A $25 Billion Opportunity today!
In PIH Notice 2022-38, HUD notes that PHAs who receive public housing Operating Fund or Capital Fund financial assistance will not report Section 3 data “until further notice.” HUD has not completed the new reporting system. HUD may still require PHAs to produce documentation, so PHAs must continue to retain it on-site.
This notice’s reporting changes do not apply to housing and community development projects, such as the RAD post-conversion, Choice Neighborhoods, CDBG, HOPWA, HOME, Housing Trust Fund, and Section 202 and 811 projects.
For more information, see the January 15, 2023 edition of The NAHRO Monitor. Find PIH Notice 2022-38 here.
On December 14, HUD issued Notice PIH 2022-37. The notice discusses Personal Property requirements under 2 CFR part 200 and identifies Equipment management and disposition obligations. In the case of 2 CFR part 200, “personal property” means property other than real property that may be tangible, having physical existence, or intangible. “Equipment” means tangible personal property having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-federal entity for financial statement purposes, or $5,000. “Supplies” means all tangible personal property other than those described in the definition of equipment.
The determination of whether an item qualifies as equipment is determined at the time of acquisition. PHAs must maintain property records, complete a physical inventory of the property every two years, have a control system to ensure adequate safeguards to prevent loss, damage, or theft of the property, have adequate maintenance procedures, and procedures to ensure the highest possible return if the PHA is authorized or required to sell the property. For any equipment that the PHA sells that is worth more than $5,000, the PHA must compensate HUD for its interest in the property, either the lesser of 10% of the sale or $500. The PHA is not required to do this if the trade-in or selling of the property is used for replacement equipment.
The notice can be found here.
On December 8, HUD issued Notice CPD-22-15, requiring Housing Opportunities for Persons With AIDS (HOPWA) grantees and project sponsors to ensure that all dwelling units under the program have carbon monoxide (CO) alarms or detectors installed. The notice goes into effect on December 27, 2022.
Types of units included
- new construction
- project or tenant-based rental assistance
- short-term rent, mortgage, and utility payments (not subject to HOPWA HQS requirements)
- permanent housing placement (not subject to HOPWA HQS requirements)
- acquisition, rehabilitation, conversion, lease, and repair of facilities
- operating costs
For units that are subject to the HOPWA Housing Quality Standards (HQS), grantees and project sponsors should assess for CO alarms or detectors when completing an HQS inspection. Grantees/project sponsors should add a question on their HQS inspection forms as to the presence of functioning CO alarms or detectors and document compliance to be kept in the household’s file.
Units not subject to HOPWA HQS may rely on self-certification by the tenant or owner. Grantees/project sponsors should develop materials or trainings to make sure whomever is conducting a self-certification understands and applies the applicable criteria of all properly installed CO detectors or alarms.
In addition, the notice provides ways to prevent intrusion of the devices and examples of sources that create or emit CO. Resources about CO alarms and information are also provided in the notice.
For more guidance and information in the notice please see here.