Today, HUD’s Office of Pubic and Indian Housing (PIH) published a notice (PIH 2017-02 (HA)) titled, “Violence Against Women Act (VAWA) Self-Petitioner Verification Procedures.” This notice explains the procedures that public housing agencies (PHAs) must follow when an applicant or resident/tenant requests admission or continued residency as a result of being a VAWA self-petitioner, defined as those who claim to be victims of “battery or extreme cruelty” (i.e., domestic violence, dating violence, sexual assault, and stalking). This notice applies to HUD’s public housing, housing choice voucher assistance (including project-based vouchers), and Section 8 Mod Rehab programs.
Fair Housing
HUD Publishes Interim Guidance on AFFH
Earlier this January, HUD published Interim Guidance on the Affirmatively Furthering Fair Housing (AFFH) tools. The Interim Guidance gives the status of the Assessment of Fair Housing tools (AFHs) (reproduced below) and gives general guidance for program participants.
- Local and Government and Joint / Regional Tool – Final tool available.
- PHA and PHA-only collaboration – Final tool available. HUD will issue another Notice specifying PHAs’ new submission date.
- Qualified PHA (QPHA) – Tool still under development. Not publicly available.
- State and Insular Area Tool – Tool still under development. Still going through the notice-and-comment process.
The guidance also provides a table to help choose tools and understand appropriate AFH deadline dates.
The full AFFH Interim Guidance can be read here.
HUD Publishes MTW Expansion Application
HUD has posted pre-publication versions of the Moving To Work (MTW) Expansion Application and the MTW Expansion Operations Document. There will be multiple cohorts to the expansion with each cohort testing a different policy to be researched. The first cohort will test the overall impact of MTW flexibility. The cohorts will test the following (in no particular order, except for the first, which will test the overall impact of MTW flexibility):
- Overall Impact of MTW Flexibility – the overall effects of the MTW “bundle” will be tested.
- Rent Reform – PHAs will test different rent reform models, including “flat rents, tiered rents, and stepped-up rents.” PHAs “may also evaluate the interaction of these rent reform models with or without work requirements or time limits.”
- Work Requirements – this will be a work requirements only cohort (i.e., additional rent reforms or time limits will not be evaluated). PHAs will provide supportive services.
- Landlord Incentives – this cohort will investigate various landlord incentives (e.g., participation payments, vacancy payments, alternate inspection schedules and other methods).
The first cohort will include 30 PHAs with “1,000 or fewer aggregate public housing and HCV units.” To select applicants HUD will make sure each applicant meets eligibility requirements and certain geographic diversity requirements. Each potential cohort participant will then be selected via a lottery. These PHAs will then be randomly assigned to a treatment group (receiving MTW designation) or a control group (not receiving MTW designation). HUD will research the cost effectiveness, ability to create self-sufficiency, and ability to provide housing choice for this first cohort.
The application due date will be revealed, when the notice is formally posted in the Federal Register. NAHRO will continue to have more detailed coverage on both of these documents and the perspectives of the new administration in the coming days and weeks.
The pre-publication MTW Expansion Application can be found here.
The pre-publication MTW Expansion Operations document can be found here.
HUD to Publish Lead-Free Final Rule and additional AFH Tools
Tomorrow, January 13, 2017, HUD will publish in the Federal Register the lead-free final rule and additional Assessment of Fair Housing (AFH) tools. The final rule titled “Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Response to Elevated Blood Lead Levels” adopts a revised definition of “elevated blood lead level” (EBLL) in children under the age of 6 to track the Centers for Disease Control and Prevention (CDC) guidance. The rule will become effective 30 days after publication and compliance will be required by 6 months after publication. NAHRO will provide additional coverage of the final rule in the next few days.
The Department also released two additional AFH tools:
- A Revised Local Government Tool: This tool is meant for use by CDBG, HOME, ESG or HOPWA recipients. One of the major changes to the tool is an insert for use by PHAs with 1,250 of fewer units that choose to collaborate with their local governments. NAHRO is pleased that HUD increased number of PHAs that can use this insert, making collaboration easier.
- A Final PHA Tool: The notice states that this tool has been approved, but “the Notice does not trigger the obligation of PHAs to conduct and submit an AFH . . . as HUD has not yet provided PHAs with the data they will need.” Again, one of the major changes from the proposed tool includes increasing the threshold for the Qualified PHA insert to 1,250 units.
NAHRO will continue to look through these tools and will provide additional coverage to our members in the coming days.
The Lead-Free final rule can be found here.
The Local Government AFH Tool can be found here.
The PHA AFH Tool can be found here.
Reminder!! Dr. Carson Confirmation Hearing for HUD Today!
The United States Senate Committee on Banking, Housing, and Urban Affairs will hold a confirmation hearing for HUD Secretary-Designate Carson at 10 am ET on Thursday, January 12, 2017. The hearing will be held at the Dirksen Senate Office Building in Room 538.
The confirmation hearing will be webcast live on the Senate Committee on Banking, Housing, and Urban Affairs hearing website. Dr. Carson’s written testimony is also posted, here, on the Senate Banking Committee website.
John Bohm, NAHRO Acting CEO, is attending the hearing and additional coverage of the confirmation hearing will be available for members in the January 15 Monitor.
HUD Secretary-Designate Carson to Have Confirmation Hearing on 1/12/17
The United States Senate Committee on Banking, Housing, and Urban Affairs will hold a confirmation hearing for HUD Secretary-Designate Carson at 10 am ET on Thursday, January 12, 2017. The hearing will be held at the Dirksen Senate Office Building in Room 538.
The confirmation hearing will be webcast live on the Senate Committee on Banking, Housing, and Urban Affairs hearing website.
NAHRO will cover this hearing and other HUD-related transition events in the coming weeks.
HUD Forms that Provide Expanded Housing Protections for Survivors of Violence Now Available
As NAHRO previously reported, HUD recently finalized a rule that will provide expanded housing protections for survivors of violence and fully codifies the provisions of the Violence Against Women Reauthorization Act (VAWA) of 2013 into HUD regulations.
HUD has made available the relevant forms necessary under the new rule:
- Notice of Occupancy Rights under VAWA (HUD-5380) that certain housing providers must give to tenants and applicants to ensure they are aware of their rights under VAWA and these implementing regulations;
- New Certification form (HUD-5382) for documenting incidents of domestic violence, dating violence, sexual assault, and stalking that must be used by housing providers;
- Model emergency transfer plan (HUD-5381) that may be used by housing providers to develop their own emergency transfer plans; and
- Model emergency transfer request form (HUD-5383) that housing providers could provide to tenants requesting an emergency transfer under these regulations.
HUD is currently translating these forms into 8 main language.
The final rule become effective on December 16, 2016 and housing providers must now include the Notice of Occupancy Rights and the new certification form with future denials or admissions of assistance notices and future eviction or termination of assistance notices.
Additionally, housing providers have until December 16, 2017 to provide existing tenants with the Notice of Occupancy Rights and the new certification form (via the annual recertification or lease renewal process, or through other means). Compliance with the final rule’s emergency transfer provisions is required no later than June 14, 2017.
Read more about HUD’s implementation of VAWA 2013 in the October 31, 2016 edition of the NAHRO Monitor (members only).
Early Lessons Learned in Affirmatively Furthering Fair Housing
This is a guest blog by Mark Shelburne, Novogradac & Company LLP.
As most readers are aware, in 2015 the U.S. Department of Housing and Urban Development (HUD) substantially revised its approach to affirmatively furthering fair housing (AFFH). One of the key aspects is submitting an Assessment of Fair Housing (AFH), using a “Tool” document as a template.
The first group of 22 cities and counties sent their AFHs to HUD for review October. Under the 2015 rule, thousands of other local governments, states, and housing authorities will do the same over the next several years.
Novogradac & Company LLP partnered with Civitas, LLC to help the city of Wilmington, N.C., and Wilmington Housing Authority on their AFH submission. Late in November, HUD staff reached out regarding a few additions and clarifications, which Novogradac, Civitas, and local officials were able to complete in the two days before Thanksgiving. The notice of acceptance came Dec. 2, making Wilmington’s plan one of the first to be completed in the nation. (Reports suggest HUD did not accept all of the AFHs submitted in the initial round.)
The best news for jurisdictions with upcoming AFFH deadlines is you are not going first. There is an opportunity to learn from those who’ve begun the process. The following is a summary list of the most important lessons learned from Novogradac’s experience in Wilmington.
- Collaborate with other local HUD funding recipients. This item is first both because of being an early decision and one of the most important. There is no reason to go it alone–partnering may result in some challenges, but the net is a benefit for all involved.
- Have widespread, diverse opportunities for public input. Try to include any fair housing organizations operating within your area. Also be aware of limited English proficiency and disability-access considerations.
- Start early and speak often. Applying the prior two lessons will take time, as does drafting the text. In fact, the best time to get started is as soon as you’re finished reading this post. Frequent communication (not just meetings but emails and calls), particularly around goals, is essential.
- Consider a consultant, but be realistic. Contracting for assistance can be particularly helpful for data analysis and providing a more objective view, but local staff will do a lot of work regardless.
- You know at least some of the concerns. In many cases what should happen in the community is not a mystery. You do not need to rigidly follow the steps in the Tool, it is okay to think of some goals first.
- Read accepted AFHs. Wilmington’s and New Orleans’ are good places to start.
- Be careful about dot density. Try different settings in the HUD-provided maps. For example, using the 75-per-person setting does not always show patterns of segregation.
- Address all protected classes. Usually the focus is on race, but all seven classes are covered. Most will vary even within a state, with disability as the most uniform. Be aware of possible implications of an ADA/Olmstead settlement underway.
- Don’t assume the reader knows your community. The review might not be limited to your local or state HUD office. For example, staff from across the HUD Region (Columbia, Greensboro, Jacksonville, and Nashville) were involved in Wilmington’s submission.
- Have specific, actionable goals. The next steps should strike a balance between making real progress and being actually achievable. You will need to have a goal for any issue either identified or apparent to the HUD reviewer.
- Address all issues identified. Some of the assessed factors may appear to be beyond the jurisdiction’s control. For example, many school districts are distinct governing entities from HUD funding recipients. Yet even in this instance, the goal could be to build new affordable rental properties in areas with high-performing schools.
- Change your mindset. True AFFH compliance is less about completing the Tool (although doing so is necessary) and more about a change of thinking. For too long, our nation has seen federal housing programs as being meant only for construction and rehabilitation; reducing segregation and expanding opportunities are equally important. This purpose should be part of program administrators’ every decision.
Final Thoughts
There is certainly a possibility the process may be different under Secretary Carson, who has expressed concerns about certain aspects of fair housing. However nothing has been announced, nor is likely to change early in the next Administration, so for now HUD recipients should continue with current approach.
Please feel free to reach out with any comments or questions.
SAVE THE DATE
Housing Rules Series! Affirmatively Furthering Fair Housing: How did we get here?
January 10, 2017 from 1:30 PM – 3:00 PM ET
If feels like there is a notice on affirmatively furthering fair housing every few days. In this rapidly changing environment, NAHRO staff will look back at the AFFH rule. Then an overview of the current notices and guidance specifically focusing on the Assessment of Fair Housing (AFH) tools will be discussed. This e-briefing will provide a regulatory context for a constructive and informed discussion on AFFH moving forward. Guest speaker, Mark Shelburne, Senior Manager at Novogradac & Company LLP, will share the important lessons learned from Novogradac’s experience in Wilmington, N.C.
Technical Correction to HUD’s VAWA 2013 Implementation Final Rule
On December 6, HUD will issue a technical correction to the “Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs” final rule. This correction updates the compliance date for completing an emergency transfer plan and providing emergency transfers, and associated recordkeeping and reporting requirements to June 14, 2017. After the rule’s publication last month, HUD discovered the compliance date was incorrectly listed in the preamble as May 15, 2017, while the regulatory text provided the correct date of June 14, 2017. The final rule’s effective date (separate from the emergency transfer compliance date) is still December 16, 2016.
NAHRO Provides Recommendations to the HUD 2017 Transition Team
Today NAHRO provided members of President-elect Trump’s HUD transition team with the NAHRO Transition 2017 recommendations. All recommendations and positions in this document have been previously approved by our standing committees and the NAHRO Board of Governors. We also intend to make ourselves available to the new transition team and supply them with any and all information and assistance they may require from us to make the transition at HUD under the Trump Administration as smooth as possible.
The transition recommendations can be used as you reach out to your local HUD officials, your elected officials who will be seated in the new Congress, the media and your own state and local officials in a united effort to move a responsible and responsive housing agenda forward at HUD and on Capitol Hill. In addition to this document, the association will also be producing the NAHRO 2017 Regulatory and Legislative Agenda, which will be drafted over the coming weeks with input from NAHRO membership and leadership and will be available at the NAHRO 2017 Washington Conference.
NAHRO’s Transition 2017 recommendations for HUD may be viewed here.
The NAHRO Blog: Legislative & Policy Updates from Washington, DC 