Last Week of August Advocacy: Support HUD Funding!

It’s the final week of August advocacy! We’ve sent over 2,000 letters to Congress in August – a good number, but still well below our goal of 3,000 letters. Please take action now to support responsible funding for housing and community development in FY 2019.

House and Senate Appropriations staff are currently working to negotiate a final Transportation, Housing and Urban Development (THUD) spending bill. Using the Senate-approved FY 2019 THUD bill and the House Appropriations Committee-approved bill, staffers are in the process of “conferencing” these two pieces of legislation into a single bill, likely to be passed as a larger spending package. This means important decisions about spending levels for housing and community development programs are being made right now. Make sure your voice is heard in this process by sending a letter to your members of Congress today.

Please help us reinforce the importance of responsible funding for housing and community development programs and help NAHRO send 3,000 letters to Capitol Hill this month – reach out to your members of Congress now!

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 Creates New Landlord Task Force

Earlier today, HUD published a press release announcing that it would create a new Landlord Task Force. The task force is being created as a response to two new studies which found that most landlords do not accept vouchers and, in those instances where landlords do accept vouchers, the landlords are dissatisfied with the administrative burdens associated with the vouchers. The Department will begin a landlord engagement campaign on September 20th in Washington DC, where it will present findings from the two studies. There will also be landlord forums in Philadelphia, Atlanta, Dallas, Los Angeles, Salt Lake City, and Salem, Oregon. After receiving feedback from these forums, the task force will provide policy recommendations to the Secretary to increase landlord participation in the Housing Choice Voucher program.

The two studies which served as the impetus for the creation of the task force are titled “Pilot Study of Landlord Acceptance in the Housing Choice Voucher Program” and “Urban Landlords and the Housing Choice Voucher Program: A Research Report.” The former study will be released in a month and looked at five cities: Philadelphia, Los Angeles, Fort Worth, Newark, and Washington, D.C. It found that many landlords did not accept vouchers, especially in high opportunity areas. The latter study examined three areas: Baltimore, Cleveland, and Dallas. It found that while many landlords appreciated the reliable rent payments of the Housing Choice Voucher program, they were frustrated with inspections and how housing authorities handle tenant disputes.

A summary of Pilot Study of Landlord Acceptance in the Housing Choice Voucher Program can be found here. (The full study will be released next month.)

The Urban Landlords and the Housing Choice Voucher Program: A Research Report can be found here.

The Department’s press release on the new task force can be found here.

Federal Judge Dismisses AFFH Suit

In an opinion published on Friday, a federal judge dismissed a suit brought by several fair housing organizations. The fair housing groups wanted HUD to reinstate the local government assessment tool as part of the Affirmatively Furthering Fair Housing (AFFH) process. The court found that the groups did not meet the requirements to sue and that even if they did, HUD should not be required to reinstate the local government tool.

After providing background information and describing the relevant law, the opinion discussed three issues. First, whether the fair housing groups had standing (i.e., met the legal requirements to sue); second, whether the fair housing groups were entitled to a preliminary injunction reinstating the assessment tool for local governments; and third, whether New York State could join the suit. The court found that the fair groups lacked standing (i.e., did not meet the legal requirements to bring suit); that even if they had standing, they were not entitled to a preliminary injunction ordering that the local government tool be reinstated; and that New York State could not join the suit.

Fair Housing Groups Lack Standing

The court found that the fair housing groups lacked standing and could not bring a suit. Although the court found multiple reasons why the fair housing groups lacked standing, the court focused most of its analysis on how there was a lack of injury to the fair housing groups by the withdrawal of the local government tool. The court found that the withdrawal of the local government tool did not impair the mission of the fair housing groups because many aspects of the AFFH rule remain in place, including the new community participation requirements, which give the fair housing groups continuing opportunities to participate in a more robust Analysis of Impediments (AI) process. The court also found that withdrawal of the local government tool did not cause a drain of the fair housing groups’ resources because they are engaged in the same types of activities that they were undertaking before the withdrawal of the local government tool and because withdrawal of the tool does not require that the groups spend more on operational costs. Finally, the court also found that the fair housing groups lacked the other elements of standing–causation and redressability.

Fair Housing Groups Not Entitled to a Preliminary Injunction

The court found that even if the fair housing groups had standing, they were not entitled to a preliminary injunction. Again, although there were several reasons why they were not entitled to a preliminary injunction, the court focused its analysis on showing why the fair housing groups were unlikely to succeed on the merits of the case. First, the court noted that withdrawal of the local government tool did not require notice-and-comment procedures (these are the procedures used in the informal rulemaking process when an agency is creating a regulation) because the local government tool is properly characterized as an “information collection” and not subject to notice-and-comment procedures. Second, the court found that the withdrawal of the tool was not arbitrary or capricious because HUD provided adequate reasoning for its decision to withdraw the local government tool (HUD noted the high failure rate of program participants to submit acceptable first-time submissions and the high costs of scaling up technical assistance for future submissions). The court also did not find the other factors needed for a preliminary injunction including a risk of irreparable harm, a balance of equities in favor of the fair housing groups, or an accord with the public interest.

New York State May Not Join the Suit

The court found that New York State may not join the suit because, like the fair housing groups, it lacked standing because of a lack of injury.

The full opinion can be found here.

HUD to Reopen AFFH Rule

Earlier today, HUD published a press release announcing that it published a notice inviting public comment on amendments to its Affirmatively Furthering Fair Housing (AFFH) regulation.

[8/16/18 Edit – the notice has been published in the Federal Register. It can be found here. The comment due date is October 15, 2018.]

The Department wishes to receive comments on amending the rule so that it does the following:

  1. minimizes regulatory burden while more effectively aiding program participants to meet their statutory obligations;
  2. creates a process focused primarily on accomplishing positive results, rather than on analysis;
  3. provides for greater local control and innovation;
  4. seeks to encourage actions that increase housing choice, including through greater housing supply; and
  5. more efficiently utilizes HUD resources.

Currently, HUD has suspended the obligation of local governments to file Assessments of Fair Housing (AFHs) using the local government tool. The Department believed that the tool was “confusing, difficult to use, contained errors, and frequently produced unacceptable assessments, and otherwise required an unsustainable level of technical assistance.” There is currently a lawsuit brought by three civil rights groups filed against HUD on its action suspending requirements of the rule.

NAHRO will provide additional information to our members as we continue to read through the notice and as additional information becomes available.

The Department’s press release can be found here.

A pre-publication copy of the Advance Notice of Proposed Rulemaking can be found here.

[8/16/18 Edit – the published copy 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.

 

Senate Approves FY 2019 Transportation-HUD Spending

This afternoon the Senate voted 92-6 to approve a four-bill spending package that includes the FY 2019 Transportation, Housing and Urban Development (THUD) bill.

Details on the Senate’s THUD bill can be found here (NAHRO log-in required). The bill was passed without major changes; no funding levels were altered and only a couple of housing-related amendments were approved, including one on mapping the presence of a pyrrhotite across the country and eviction protections for domestic violence and sexual assault victims.

The FY 2019 THUD bill generally maintains the spending gains achieved in by the FY 2018 omnibus bill that increased HUD spending by 10 percent. This is a major victory considering funding for the overall federal budget is not increasing significantly in FY 2019 and the spending allocation for the Senate’s THUD bill was lower than the House THUD allocation. Despite these obstacles, housing programs fared well compared to most of the transportation programs funded by the bill, demonstrating the effectiveness of NAHRO members’ advocacy efforts.

Though the passage of the FY 2019 THUD bill is a major step toward finalizing spending, the path forward from here is unclear. The House FY 2019 THUD bill contains several controversial policy riders (largely transportation-related) and both members of the Democratic Party and the conservative House Freedom Caucus are unhappy with funding levels contained in the bill. As a result, THUD is seen as one of the more controversial spending bills this year and is unlikely to be brought to the House floor as a stand-alone bill.

Because Congress is unlikely to finalize FY 2019 THUD spending before the beginning of the fiscal year on October 1, 2018, a continuing resolution will be needed to keep THUD programs operating. A continuing resolution is a stop-gap bill that maintains previous year spending levels until a set date, allowing Congress additional time to finalize spending. Conversations about a CR have not yet begun in Congress, but like recent years, it’s probable that a CR would last until late November or early December.

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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Today!! – Complimentary Smoke-Free Public Housing Webinar

ANSR2Today, July 19 at 12:30pm Eastern Time join the Clean Air for All team for a complimentary, live discussion and Q&A on the “Instituting Smoke-Free Public Housing” final rule. Participants will hear a brief update on the rule and be able to submit questions to Live Smoke Free, NAHRO, and NAR-SAAH staff. Have any and all your remaining questions on final implementation of the rule answered before the July 30 compliance date. Join us to help your agency transition to and maintain successful smoke-free public housing environments. Register for this complimentary session at https://attendee.gotowebinar.com/register/884748810457188355.

To learn more about the Clean Air for All: The Smoke-Free Public Housing Project or to seek support for a PHA, contact gbanna@nahro.org or goto www.smokefreepublichousingproject.org.

RAD Roundup – RAD Supplemental Guidance

There has been a lot of activity around the new RAD guidance documents over the past few days. This post is meant to compile a lot of that information in one place.

New RAD Guidance Documents:

Additional HUD Documentation of new RAD Guidance Documents:

Additional non-HUD Posts: