The Department of Housing and Urban Development (HUD or the Department) has published a copy of certain modified model forms required by the Violence Against Women Reauthorization Act of 2013 (VAWA), along with requests for additional information collections. The Department has implemented these VAWA legislative provisions through a rule published in 2016. The forms listed below comply with the legislative changes from 2013 and the 2016 implementing rule. In the intervening time, the Violence Against Women Reauthorization Act of 2022 was also enacted. To the extent that the forms need further updating, they will be updated when the newest implementing rule is promulgated.

The VAWA rule, as currently implemented, covers the following HUD programs:

• Section 202 Supportive Housing for the Elderly;
• Section 811 Supportive Housing for Persons with Disabilities;
• Housing Opportunities for Persons with AIDS (HOPWA) program;
• HOME Investment Partnerships (HOME) program;
• Emergency Solutions Grants (ESG) program;
• the Continuum of Care (CoC) program;
• Multifamily rental housing under section 221(d) of the National Housing Act with a below-market interest rate;
• Multifamily rental housing under section 236 of the National Housing Act;
• Public Housing;
• the Housing Choice Voucher program;
• the Section 8 Moderate Rehabilitation Single Room Occupancy program; and
• the Housing Trust Fund.

The Department must provide entities participating in the above programs to provide housing (i.e., covered housing providers [CHPs]) with the certain model documents. These model documents have been modified in the following ways:

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Next webinar November 3rd at 1:30 p.m. ET

The “NAHRO Together Day 3” webinar series continues this week with the fourth informational presentation similar to those in our national conference.

This week, guest speakers Rachel Gagnon of Lucas Metropolitan Housing and Michael Hart of the Toledo Lucas County Homelessness Board will present “PHAs and CoCs – A True Continuum.” They will discuss the partnership between the local PHA and Continuum of Care. In addition to the barriers they faced and needs from other stakeholders, they will discuss the following specific topics:

“[the] PHA’s support of and involvement in a reimagined CoC entity, strategic prioritization of underserved populations (unhoused individuals), housing first partnership with corresponding vouchers, information sharing for new housing development opportunities, deployment of EHVs, etc.”

This webinar is free and open to everyone. Register here.

Join us for the future Day 3 webinars listed below.

• All Things FSS: Nov. 10, 1:30-3:30 ET
• Tax-Exempt Essential Function Bonds, Providing 100% Financing For Publicly Owned Affordable Workforce Housing: Nov. 17, 1:30pm-2:30pm ET

We look forward to seeing you at our NAHRO Together Day 3 webinars.

Prior to implementing the National Standards for the Physical Inspection of Real Estate (NSPIRE), HUD has announced the “NSPIRE Get Ready Series.” NSPIRE will replace current inspection protocols for the units in many of HUD’s programs beginning as early as 2023. These sessions will inform interested stakeholders “about the NSPIRE model and timeline to begin using its capabilities.”

HUD has announced  that the series will travel to 14 cities between October 31, 2022 and February 14, 2023. More information will be forthcoming. You can locate background information about NSPIRE here.

Next webinar October 27^th at 1:30 p.m. ET

The “NAHRO Together Day 3” webinar series continues this week with the third informational presentation similar to those in our national conference.

This week, guest speaker Dr. Diane Biray Gregorio will present “Building Resilience and Reclaiming Creativity in a Volatile World.” She will explore the following questions.

“In a time of pandemic and accelerating climate crisis, advocates for affordable housing face unprecedented challenges and stresses. Yet the global need has never been greater.

How can we build emotional resilience in ourselves, in our families, and communities? 

Is it enough to just bounce back in the face of uncertainty? How can we reclaim our creativity from the jaws of burnout? Can we actually use these challenges as fuel for creativity and far-reaching vision? 

What this difficult time is asking of us is to look with fresh eyes, without the baggage of (emotional) reactivity, so we can see clearly together how we can move forward. 

Is this possible? How?”

This webinar will address the needs of housing professionals directly and the communities they serve indirectly. It is free and open to everyone. Register here.

Future Day 3 topics will include the following.

• PHAs and CoCs – A True Continuum: Nov. 3, 1:30-2:30 p.m. ET
• All Things FSS: Nov. 10, 1:30-3:30 p.m. ET
• Tax-Exempt Essential Function Bonds, Providing 100% Financing For Publicly Owned Affordable Workforce Housing: Nov. 17, 1:30-2:30 p.m. ET

We look forward to seeing you at our NAHRO Together Day 3 webinars.

On October 12, 2022, the Department of the Treasury released the Low Income Housing Tax Credit (LIHTC) final regulations related to the income-averaging test that are now in effect. The final regulations provide guidance to using the Average Income Set-Asides, which are used to qualify as a low-income housing project and receive low-income housing credits. The final rule, which also focuses on revising limitations related to the imputed income designation of units and revising criteria/requirements of the Average Income Test, affect owners of low-income housing projects, tenants in those projects, and State/local housing credit agencies that monitor compliance.

Some revisions to LIHTC income-averaging in the final rule include:

• Unit designations: Unit designations can change based on the activity of a tenant in instances of conflicts with federal laws, guidance issued by the governing State Housing Finance Agency, and through tenant transfers.
• Meeting the Minimum Set-Aside for Income-Averaging: At least 40% of a project’s residential units must be eligible low-income units and designated collectively averaging 60% or less of area median gross income (AMGI). This fixes the “cliff effect” of the proposed rule, meaning that one-unit out of compliance does not mean that the entire project would fail the minimum set-aside.
• New definition: “Low-income unit,” specific to the Average Income Test, will now take into account if a unit is part of a group of units with a compliant average limitation.
• Reporting requirements: Temporarily requires recording and annual communication to the applicable agency of (i) units in the qualified group of units used for satisfying the average income set-aside (ii) units in the qualified group for purposes of the applicable fractions.

The final rule can be found here.

For a more in-depth look into the rule, please see our next edition of The Monitor on October 31.

On Thursday, Oct. 20 at 1:30 p.m. ET, NAHRO will continue week two of the “NAHRO Together Day 3 Series,” which offers National Conference style sessions every Thursday for the next 5 weeks. The second session, features guest speaker Adrienne Holloway of the Harris County Community Services Department in Houston, Texas, who will discuss her department’s experiences in addressing the housing shortfall with American Rescue Plan Act (ARPA) funding. This presentation will also share research findings, discuss the 10-year needs assessment for the county, and their goals to address the current and impending affordable housing crisis.

This session is open to all so register now!

For information on future NAHRO Together Day 3 sessions, please see the schedule below:

• Building Resilience and Reclaiming Creativity in a Volatile World, Oct. 27, 1:30pm-2:30pm ET
• PHAs and CoCs – A True Continuum, Nov. 3, 1:30pm-2:30pm ET
• All Things FSS, Nov. 10, 1:30-3:30 ET
• Tax-Exempt Essential Function Bonds, Providing 100% Financing For Publicly Owned Affordable Workforce Housing, Nov. 17, 1:30pm-2:30pm ET

Last week, HUD reached out to PHAs requesting participants to help test a new feature of the Public Housing Operating Fund Web Portal in a process called “User Acceptance Testing.” Participants would use this new electronic module to complete HUD forms 52723 and 52722 to help HUD improve this tool before it is fully implemented. Providing feedback on the user experience should make the module more effective.

This process will take roughly six hours in total and occur in November, 2022. To participate, executive directors should email opfundwebportal@hud.gov by October 25, 2022. HUD requests interested PHAs include the subject line “UAT PHA Participant,” their authorized representative’s name, PHA name and code, and email address.

On October 6, HUD issued PIH Notice 2022-32, updating the guidance from Notice 2020-30 for the Small Rural Frozen Rolling Base (SR-FRB) program. This notice applies to small, rural PHAs who operate public housing. The program allows PHAs to receive subsidy amounts based on their average energy usage for the three-year period before entering the program. The money saved from improving efficiency while receiving funding at their prior energy usage level can be used to supplement either Public Housing Operating or Capital Fund needs for up to 20 years. This new notice provides additional updates for calendar year 2023 beyond those described in Notice 2021-30. The four significant updates in Notice 2022-32 are discussed below.

First, PHAs will now join the SR-FRB program via the Operating Fund web portal, unlike in years prior to 2021. Participants will use it to opt in and out of the program as well as make any changes to utility data. HUD notes that they provide a user guide.

Each year, the operating subsidy processing notice and the operating subsidy grant calendar will include the official Notification date. This date is the deadline for joining, leaving, and updating specific data for the program. For 2023 funding, the Grant Submission Schedule currently shows SR-FRB submissions opening November 7, 2022 and closing November 18, 2022. Inclusion in the submission schedule is a change from calendar year 2022.

Like previous years, PHAs may still request one adjustment to their Heating Degree Days (HDD); however, to be eligible, this change must now modify usage by at least 10%. Prior HDD regulations still apply, and this change must be completed by the submission deadline listed above.

Finally, the notice describes a new appeals process. Any denials can be appealed for seven business days after receiving the denial and must be submitted to SRFRB@hud.gov.

Like prior notices, this updated version discusses eligibility, program requirements, entering and leaving the program, modifying program data, specific participation requirements, debt service, and example scenarios. HUD includes a list of eligible PHAs here.

Notice 2022-32 can be found here.

On Thursday, Oct. 13 at 1:30 p.m. ET NAHRO will host it’s first ever event series “NAHRO Together Day 3,” which will offer National Conference style sessions every Thursday for the next 6 weeks. The first session, which features guest speakers from the Campaign for Grade-Level Reading (CGLR), will highlight the interconnection between housing and education. CGLR will highlight themes and innovations from the 2022 All-America City Award, which focused specifically on the role of public and affordable housing tied to supporting students and their families.

This session is open to all so register now!

For information on future NAHRO Together Day 3 sessions, please see the schedule below:

• Addressing the Affordable Housing Shortfall with ARPA, Oct. 20, 1:30pm-2:30pm ET
• Self-Care Post-COVID, Oct. 27, 1:30pm-2:30pm ET
• PHAs and CoCs – A True Continuum, Nov. 3, 1:30pm-2:30pm ET
• All Things FSS, Nov. 10, 1:30-3:30 ET
• Tax-Exempt Essential Function Bonds, Providing 100% Financing For Publicly Owned Affordable Workforce Housing, Nov. 17, 1:30pm-2:30pm ET