HUD to Release Additional Mainstream Voucher Funding

Earlier today, HUD released a new Mainstream voucher notice titled “Mainstream Vouchers – Non-Competitive Opportunity for Additional Vouchers Authorized by the CARES Act, Temporary Waivers and Alternative Requirements, and Modified 2020 Housing Assistance Payment (HAP) Renewal Calculation” (PIH 2020-22). This notice does the following:

  1. Allows any PHA with a Housing Choice Voucher (HCV) program to apply for new Mainstream vouchers;
  2. Provides Mainstream-voucher-specific waivers; and
  3. Modifies the Housing Assistance Payment (HAP) renewal formula for Mainstream vouchers.

The deadline for applying for new voucher funding is Dec. 31, 2020. The additional flexibilities offered in this notice may be used until Dec. 31, 2020. Additional information on the new notice can be found below.

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CDC Publishes Order Halting Residential Evictions

On late Tuesday afternoon, the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services (HHS) announced an order to stop residential evictions to halt the spread of COVID-19. The order is currently scheduled to be published in the Federal Register on September 4. It becomes effective on publication and will last until December 31, 2020, unless extended.

The order notes that as of late August, there have been over 23 million cases of COVID-19 globally, resulting in over 800,000 deaths. It also states that, domestically, there have been over 5.5 million cases, which have resulted in over 174,000 deaths. Given the “historic threat to public health,” the order notes that “[e]viction moratoria facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition.” The order also notes that eviction moratoria help implement stay-at-home and social distancing orders, while also preventing homelessness which “increases the likelihood of individuals moving into close quarters in congregate settings, such as homeless shelters, which then puts individuals at higher risk of COVID-19.”

The order institutes a temporary eviction moratorium. It states that a “landlord . . . shall not evict any covered person from any residential property in any State or U.S. territory” in which there are COVID-19 cases. The term “covered person” includes any tenant who states—under the penalty of perjury—to their landlord, owner, or other person with the power to evict that the following conditions have been met:

  • The person has used their best efforts to obtain available government assistance for rent or housing;
  • The person meets any of the following three criteria:
    • The person does not expect to earn more than $99,000 in annual income in calendar year (CY) 2020 (or more than $198,000 for joint tax returns);
    • The person was not required to report any income in 2019 to the Internal Revenue Service (IRS); or
    • The person received a “stimulus check” under the Coronavirus Aid, Relief, and Economic Security (CARES) Act;
  • The person is unable to pay the full rent or make a full housing payment due to loss of compensable hours of work, a lay-off, or extraordinary out-of-pocket medical expenses;
  • The person is making “best efforts” to make timely partial payments that are as close to the full payment as possible; and
  • Eviction would render the individual homeless or force the individual to live in close quarters in a new congregate or shared living setting.

Despite the order, individuals are still obligated to pay rent or make applicable payments. The order does not prevent charging or collecting fees, penalties, and interest for late payments. Tenants may still be evicted for the following:

  • Engaging in criminal activity on the premises;
  • Threatening the health or safety of other residents;
  • Damaging or posing an immediate and significant risk of damage to property;
  • Violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
  • Violating any other contractual obligation (other than late fees, penalties, or interest).

This order does not apply in certain areas. It does not apply in any “State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection.” Additionally, the order does not apply in American Samoa—which has no reported cases—unless cases develop.

The order is not a rule as defined in the Administrative Procedure Act (APA), but is an “emergency action.” If it did qualify as a rule, the order notes that there is still “good cause” to dispense with the regular notice-and-comment process because of the public-health emergency.

There are certain criminal penalties for violating this order. A person violating the order may be subject to a fine of $100,000, one year of jail, both a fine and jail, or another lawful penalty, if the violation does not result in a death. If the violation results in a death, the person violating the order may be subject to a fine of $250,000, one year of jail, both a fine and jail, or other lawful penalty. An organization violating this order may be subject to $200,000 per event, if the violation does not lead to a death and $500,000 per event if the violation results in death. The Department of Health and Human Services is authorized to cooperate with and aid state and local authorities to authorize this order.

The order includes a declaration for tenants. A tenant must provide a copy of the declaration to their landlord, owner, or other individual who has the right to evict. Each adult listed on the lease must complete the declaration. The declaration must be true under a penalty of perjury.

A pre-publication copy of the order can be found here.

NAHRO continues to encourage Public Housing Authorities (PHAs), Section 8 landlords, and tenants to work together to minimize the financial impact of COVID-19. Tenants should contact their PHA notifying them of any reduction of income due to the pandemic. Landlords and PHAs should reach out and coordinate with tenants concerning unpaid rent. Best practices in preventing evictions include repayment agreements, retroactive recertifications and proactive communication with tenants.

Below are links to HUD and NAHRO eviction prevention resources:

Our advocacy must continue to ensure adequate resources that support your programs and provides rent relief for unassisted families. Use the NAHRO Advocacy Action Alert Center to send letters to your members of Congress and the Administration and let them know the critical role quality house and rental assistance plays as we continue to navigate the COVID-19 pandemic.

President Signs Executive Order on Assistance to Renters and Homeowners

On August 8, President Trump signed an executive order titled “Executive Order on Fighting the Spread of COIVD-19 by Providing Assistance to Renters and Homeowners.” This Executive Order (EO) was signed after the negotiations on a fourth COVID-19 legislative relief package broke down.

The EO states, “[i]t is the policy of the United States to minimize, to the greatest extent possible, residential evictions and foreclosures during the ongoing COVID-19 national emergency.” Specifically it directs the Department of Housing and Urban Development (HUD) “to promote the ability of renters and homeowners to avoid eviction or foreclosure” through actions that “may include encouraging and providing assistance to public housing authorities, affordable housing owners, landlords, and recipients of Federal grant funds in minimizing evictions and foreclosures.” The agencies of HUD and Treasury are also directed to “identify any and all available Federal funds to provide temporary financial assistance to renters and homeowners.” Additionally, the Department of Health and Human Services, along with the Centers for Disease Control and Prevention (CDC), “shall consider whether any measures temporarily halting residential evictions . . . are reasonably necessary to prevent further spread of COVID-19.”

This Executive Order, in and of itself, does not specifically extend nor create an eviction moratorium nor does it create a new rental or homeowner assistance program. This Executive Order instructs the executive branch of government – specifically Health and Human Services; Centers for Disease Control and Prevention (CDC); Treasury; Housing and Urban Development; and the Federal Housing Finance Agency (FHFA) – to assess their current resources and tools related to renters and homeowners affected by COVID-19.

NAHRO continues to encourage Public Housing Authorities (PHAs), Section 8 landlords, and tenants to work together to minimize the financial impact of COVID-19. Tenants should contact their PHA notifying them of any reduction of income due to the pandemic. Landlords and PHAs should reach out and coordinate with tenants concerning unpaid rent. Best practices in preventing evictions include repayment agreements, retroactive recertifications and proactive communication with tenants.

Below are links to HUD and NAHRO eviction prevention resources:

Our advocacy must continue to ensure adequate resources that support your programs and provides rent relief for unassisted families. Use the NAHRO Advocacy Action Alert Center to send letters to your members of Congress and the Administration and let them know the critical role quality house and rental assistance plays as we continue to navigate the COVID-19 pandemic.

This Wednesday: NAHRO Legislator of the Year Todd Young Kicks off August Advocacy Campaign

This Wednesday at 2pm eastern time, NAHRO is hosting a complimentary webinar awarding NAHRO’s Co-Legislator of the Year and kicking off NAHRO’s August Advocacy Campaign.

NAHRO has an ambitious goal this August – send 8,501 letters to Capitol Hill during the upcoming Congressional August recess. NAHRO Legislator of the Year Senator Todd Young (R-Ind.) will join NAHRO to receive his award and help us kick off our August advocacy campaign.

NAHRO Director of Congressional Relations Tess Hembree will also lead a conversation with members of the Legislative Network on their advocacy successes and how they plan to advocate for housing and community development this summer.

Don’t miss this critical conversation on how you can have your voice heard by lawmakers this summer.

Click here to register!

NAHRO’s New Housing Proposals Focus on the Future

The nation’s public housing agencies and community development agencies have been housing our nation’s families and creating vibrant, stable communities for decades. And they’re continuing to do this vital work of providing shelter, creating opportunity, and addressing inequities during a pandemic that’s straining both local and national resources.

But even as we continue to cope with the fallout of COVID-19, we must also work on solutions for both current and future housing needs. We need new housing construction, more resources for existing housing programs, and flexibilities that prioritize progress over paperwork. NAHRO’s What Happens Next: Housing Beyond the Pandemic provides funding and policy proposals that will:

  • Increase housing supply and improve affordability
  • Preserve existing affordable housing
  • Stabilize families, and
  • Prioritize progress over paperwork.

The paper is available here.

HUD PIH to Hold Conference Call on CARES Act Funding on July 9th at 4 pm ET

In an email sent earlier today, HUD’s Office of Public and Indian Housing (PIH) stated that they will be holding a conference call on July 9th, 2020 at 4 pm ET, which will provide updates on CARES Act funding, the second round of waivers, the eviction moratorium, HAP funding and new FAQs.  

Please click here for a calendar invitation. 

The Department invites PHAs to submit questions and topics for future calls to PIH@hud.gov. Call-in information is available below: 

Step 1: Dial into the conference. 

Dial-in: 1-877-369-5243 or 1-617-668-3633 

Access Code: 0410949## 

If the automated recording indicates the conference is full, please use overflow information: 

Dial-in: 1-877-369-5243 or 1-617-668-3633  

Access Code: 0120428# 

Step 2: Join the conference on your computer. 

Entry Link: https://ems8.intellor.com/login/829379 

Additional information and resources on COVID-19 are available at www.nahro.org/coronavirus.  

HUD PIH to Hold Conference Call on Telehealth Resources for PHAs on June 22nd at 3 pm ET

In an email sent earlier today, HUD’s Office of Public and Indian Housing (PIH) stated that they will be holding a conference call on June 22, 2020 at 3 pm ET, which will feature representatives from HHS’s Health Resource Services Administration (HRSA) to provide information about how PHAs can encourage and provide telehealth services to residents. 

 The Department invites PHAs to submit questions and topics for future calls to PIH@hud.gov. Call in information is available below. 

Step 1: Dial into the conference. 

Dial-in: 1-877-369-5243 or 1-617-668-3633 

Access Code: 0403331## 

Need an international dial-in number? 

If the automated recording indicates the conference is full, please use overflow information: 

Access Code: 0149345## 

Step 2: Join the conference on your computer. 

Entry Link: https://ems8.intellor.com/login/828152 

This information is also posted on NAHRO’s COVID-19 webpage at www.nahro.org/coronavirus.

Congress Holds Hearings on Oversight and Rental Assistance

On June 9, the Senate Committee on Banking, Housing, and Urban Affairs held a committee hearing on the oversight of housing regulators. The two witnesses at the hearing were Secretary Ben Carson of the Department of Housing and Urban Development (HUD) and Director Mark Calabria of the Federal Housing Finance Agency (FHFA).    

Secretary Carson shared that HUD is working to meet all statutory requirements related to the distribution of CARES Act funds. Of the $12.4 billion that HUD received from the CARES Act, $9.1 billion has already been allocated. The remaining CDBG funds will be allocated by October 1st and the remaining ESG fund allocations were announced on the same day as the hearing. Regarding rent payments, Secretary Carson urged HUD-assisted renters to recertify their incomes with their local PHAs if they need lower rent payments due to COVID-19.   

A few Senators expressed their opinion that Americans need expanded rental assistance and unemployment benefits. Secretary Carson did not comment on any plans for future housing-related COVID-19 funding, other than to express that HUD will closely monitor the situation.   

This hearing was followed by a June 10 hearing held by the House Subcommittee on Housing, Community Development, and Insurance which featured four witnesses speaking about the impact COVID-19 will have on evictions and rental assistance.  

Cashuana Hill, the Executive Director of the Louisiana Fair Housing Action Center, spoke of the role systemic racism plays in housing segregation, as well as the pandemic’s disproportionate impact on black and Latino workers. She called for rental assistance programs to consider equity concerns and reduce housing discrimination.  

Mike Kringsella, the Executive Director of Up for Growth, claimed that the COVID-19 pandemic has exacerbated a pre-existing housing shortage of roughly 7.3 million units, and urged Congress to provide additional renter assistance.  

Ann Oliva, a Visiting Senior Fellow from the Center on Budget and Policy Priorities, linked housing availability to public health and spoke of the importance a stable housing situation can play in helping people protect themselves from COVID-19. 

Jennty Schuetz, a Fellow from the Brookings Institute, noted that the federal government plays a smaller role in rental housing regulation than in the mortgage market – rental housing oversight is instead left to states, resulting in a patchwork of regulations. She added that an eviction moratorium is not a long-term solution, as owed rent builds up over time and small-scale landlords forgo revenue.  

The Subcommittee’s questions centered around possible funding mechanisms to disburse rental assistance, how to best promote racial equity in the disaster response, and how to help small landlords navigate loss of income and maintenance demand during the pandemic. 

NAHRO continues to advocate for affordable housing funding and effective, community-based policy solutions. Learn about NAHRO’s 2020 Legislative and Regulatory Agenda and more about NAHRO advocacy at www.nahro.org/advocacy.  

Managing During COVID-19: Homelessness Resources Webinar – Wed, May 27 at 2pm ET

On Wednesday, May 27. 2020, NAHRO is hosting a complimentary webinar – Managing During COVID-19: Homelessness Resources.

Join Nan Roman, President and CEO of the National Alliance to End Homelessness, and leaders from NAHRO member agencies for a discussion of available homelessness resources and best practices for their use. Bring your questions and comments and join your fellow PHAs for this interactive webinar!

Register for NAHRO’s Managing During COVID-19: Homelessness Resources Webinar here!

NAHRO Webinar: Managing During COVID-19: Funding, Flexibility, and Fulfilling our Mission; May 5, 2020 at 2pm Est

NAHRO would like to invite you to a complimentary webinar on Tuesday, May 5, 2020 at 2pm eastern time – Managing During COVID-19: Funding, Flexibility, and Fulfilling our Mission.

Housing agencies are responding in real-time to the coronavirus and its impact on day-to-day operations and the residents they serve. Hear from federal officials and NAHRO on available resources and flexibilities provided by Congress and being implemented by the U.S. Department of Housing and Urban Development.

You will also hear from local housing officials on how they are adapting their programs in the current environment.

We will be joined on the webinar by:

  • R. Hunter Kurtz, Assistant Secretary for Public and Indian Housing, U.S. Department of Housing and Urban Development
  • Patricia Wells, CME, NAHRO Senior Vice-President, Executive Director, Oakland Housing Authority, CA
  • David S. Gates, CS-PHM, CSO-PH, CME, CMPO, Executive Director, Housing Authority of the County of Lonoke, AR

Bring your questions and comments and join your fellow PHAs for this interactive webinar!

Register for Managing During COVID-19: Funding, Flexibility, and Fulfilling our Mission!