Federal Funding

Election Impact on Congressional Committees

~ Tess Hembree ~ Leave a comment

The analysis below is simply a prediction of who is likely to serve as leadership on the committees based on the current information available. Frequently after a large number of losses or retirements, members of Congress shift between committees and chair/ranking member positions, changing the seniority structure of committees as a result. One Senator choosing to take an unexpected chair position can have ripple effects across several committees that are difficult to predict. This is particularly true at the subcommittee level. Additionally, Republicans have established a six-year term limit for committee chairs and ranking members, which causes more committee changes than Democrats who don’t have a term limit.

Finally, one of the biggest impacts on committee change is a flip of party control or a dramatic change in majority size. The committee structure is based on majority party and size, and when for example Senate Republicans increase their majority overall in the Senate, their control of committee seats also increases. Depending on how the remaining three Senate races are called, it could force lower-seniority Democrats off committees.

Appropriations

The House Appropriations Committee will see some turnover in the 116th Congress; while all Democrats won his/her races, four Republican members either lost or are retiring, in addition to Rep. Evan Jenkins (R-W.V.) who retired earlier this year.

The Transportation, Housing and Urban Development (THUD) Subcommittee will look very different next year. Included in the Republican losses/retirements are two members of the Transportation, Housing and Urban Development Subcommittee, Rep. John Culberson (R-Texas) and Rep. David Young (R-Iowa). Also retiring is full committee Chair Rodney Frelinghuysen (R-N.J.). There may be some consistency in the THUD leadership, as current Chair Mario Diaz-Balart (R-Fla.) will have the option of remaining chair if he chooses.

Democratic leadership on the committee is expected to remain fairly stable. Current Ranking Member Nita Lowey has stated that she will take over the gavel in January and has already started pushing Republicans to make a budget deal for FY 2020. THUD Ranking Member David Price (D-N.C.) also has the option of taking over as chair of the subcommittee.

The Senate Appropriations Committee will have far less turnover in the 116th Congress and leadership will likely remain the same. Only a single member of the committee is at risk of losing her seat; Sen. Cindy Hyde-Smith was forced into a run-off election that will take place on November 27.

Full Committee Chair Richard Shelby (R-Ala.) will remain in the top position on the committee, which he took over in April after the retirement of former chair Thad Cochran (R-Miss.). Senator Patrick Leahy (D-Vt.) has the option of remaining ranking member, though as a high-ranking Democrat he may have other committee options. Leadership of the THUD Subcommittee is likely to continue with current Chair Susan Collins (R-Maine) and Ranking Member Jack Reed (D-R.I.).

Authorizing Committees

As a result of a high number of losses and retirements, the House Financial Services Committee will be a significantly different committee in the next Congress. Eight Republicans either lost their re-election bid or are retiring and four additional races are too close to call. Four Democrats are retiring.

Current Ranking Member Maxine Waters (D-Cali.) will take over as chair in January. Current Chair Jeb Hensarling (R-Texas) is retiring and Rep. Patrick McHenry (R-N.C.) has declared his intention to take over as ranking member. Leadership of the Housing and Insurance Subcommittee is likely to remain the same, with current Ranking Member Emanuel Cleaver (D-Mo.) expected to take the chair position and current Chair Sean Duffy (R-Wisc.) likely to be ranking member. The composition of the subcommittee will be extremely different, though, as six Republican members and two Democrats will not return to Congress.

Unlike the big changes coming to Financial Services, the membership of the Senate Banking Committee is likely to remain consistent. Only two Republicans and two Democrats lost their re-election or are retiring. Leadership could see some changes, though. Depending on the committees that other members choose to chair, current Chair Mike Crapo (R-Idaho) could move to head another committee. There are several scenarios that could result in either Sen. Chuck Grassley (R-Iowa) or Sen. Patrick Toomey (R-Penn.) taking over the committee. Current Ranking Member Sherrod Brown (D-Ohio) is expected to remain in his position.

Tax Writing Committees

The Senate Finance Committee is set for a change in leadership thanks to the retirement of current Chair Orrin Hatch (R-Utah). It’s unclear at this point who will take over, though Sen. Grassley does have the option of taking the Chairmanship if he is willing to give up his current role as the Chair of the Judiciary Committee. If he elects to remain at Judiciary, current Banking Committee Chair Mike Crapo would be next in line for the position. Current Ranking Member Ron Wyden (D-Oregon) will probably remain in place, though if he does take a position on another committee, Sen. Debbie Stabenow (D-Mich.) and Sen. Maria Cantwell (D-Wash.) would be next in line. I

The House Ways and Means Committee will be lead by current Ranking Member Richard Neal (D-Mass.) and current Chair Kevin Brady will probably take over as Ranking Member, though he will need to request a waiver from leadership.

FY 2018 FSS Funding NOFA Released

~ Georgi Banna ~ Leave a comment

On October 31, 2018, HUD released the Fiscal Year (FY) 2018 Family Self-Sufficiency (FSS) Notice of Funding Availability (NOFA). Congress appropriated $75 million for the FY 2018 FSS program. This NOFA is specifically provides renewal funding for FSS programs that were funding under FY 2015, FY 2016, and/or FY 2017 FSS grants. The application deadline is November 30, 2018.

The FSS provisions (Section 306) of  The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155 that became Public Law No: 115-174) are not in effect for this NOFA as HUD must issue the implementing regulations within 365 of the bill passage (May 24, 2018) and the implementing regulations have not, at the time of this blog post, been issued.

The FY 2018 NOFA application can be found on Grants.gov and additional information on this NOFA can be found on the HUD website.

SAC Conversion Actions to Receive Additional TPV Funding

~ Tushar Gurjal ~ Leave a comment

On October 22, HUD’s Office of Housing Voucher Programs sent a notice to Housing Choice Voucher (HCV) Program Representatives alerting them to a change in how tenant protection vouchers (TPVs) are funded in conversion actions (e.g., demolitions, dispositions, etc.) that are approved by the Special Application Center (SAC). Previously, TPVs would only be funded for occupied units, but with the new notice mailed to program representatives, HUD is announcing that TPVs will be funded for “unoccupied units that were occupied within the previous 24-month period . . . for both Multifamily Housing and Public Housing TPV actions.” This action will apply prospectively (it will not be retroactive) from October 1, 2018.

In other words, for those PHAs who are initiating an action through the Special Application Center, which will remove units from a PHA’s public housing portfolio, HUD will provide voucher funding for both occupied units and unoccupied units (if the unoccupied units were occupied within the previous 24 months of when the application was sent to HUD).

The notice titled “Demolition and/or disposition of public housing property, eligibility for tenant-protection vouchers and associated requirements” PIH 2018-04 (HA) explains the conditions under which PHAs can initiate certain conversion actions and can be found here.

The notice mailed to HCV program representatives detailing the additional TPV funding can be found here.

NAHRO Submits Comments on AFFH Rule Streamlining

~ Tushar Gurjal ~ Leave a comment

Earlier this week, NAHRO responded to the Department of Housing and Urban Development’s (HUD’s or the Department’s) request for comments on streamlining the Affirmatively Furthering Fair Housing (AFFH) rule by submitting a comment letter. The National Association of Housing and Redevelopment Officials remains committed to following through on the promise of the Fair Housing Act and its duty to affirmatively further fair housing. At the same time, NAHRO believes that to create a workable rule that delivers results while appropriately balancing the goals of the Fair Housing Act with the limited resources found in communities throughout the United States, certain principles should be followed in refining the AFFH rule.

These general principles are as follows:

  • Entities should not be forced to complete analyses on non-housing factors;
  • Entities should not be forced to complete analyses outside their jurisdiction;
  • Additional funding is required to properly conduct fair housing assessments;
  • Housing agencies should be able to complete any required assessments without having to hire a consultant;
  • The Department should accept and approve assessments for entities that have made a good faith effort to comply with the assessment process;
  • The Department should provide clear, regularly updated guidance for completing assessments;
  • The assessments should provide a greater emphasis on place-based solutions; and
  • The Department should closely follow all requirements of the Administrative Procedure Act and any other process requirements required by law.

The comment letter–after providing background on how HUD substantially deviated from modest recommendations of prior technocratic reports by HUD and the Government Accountability Office (GAO) in 2009 and 2010 respectively–responds to specific inquiries requested by HUD. The comment letter also recommends changes to the definition of “Affirmatively Furthering Fair Housing” and “Qualified PHA.”

The full comment letter can be found here.

HUD Announces $99 Million in Mainstream Vouchers

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD published a press release announcing $98.5 million in Mainstream Vouchers to 285 PHAs. The vouchers can be used to  house an additional 12,000 non-elderly persons with disabilities.

The Department’s press release can be found here.

The list of PHAs receiving awards can be found here.

HUD Increases HCV Administrative Fee Proration to 80%

~ Tushar Gurjal ~ Leave a comment

Yesterday, HUD’s Housing Voucher Financial Management Division sent a letter to PHA Executive Directors and certain Housing Choice Voucher (HCV) Program Representatives announcing that the 2018 administrative fee will increase from 76 percent to 80 percent. The Department notes that the final number may change again based on national leasing behavior and finding additional funding. The additional administrative fee funding will be obligated during September 2018. The Department also notes that for portability, it is recommended that PHAs continue to use the original estimated 76 percent proration from January to July and begin to use the new 80 percent proration in August.

While NAHRO is pleased that HUD has found the funds to increase the administrative fee proration to 80 percent, we will continue to stress to decision-makers in Washington, D.C., the importance of fully funding this account.

The full letter can be found here.

HUD Publishes FY 2019 FMRs

~ Tushar Gurjal ~ Leave a comment

In a notice titled “Fair Market Rents for the Housing Choice Voucher Program, Moderate Rehabilitation Single Room Occupancy, and Other Programs Fiscal Year 2019,” HUD announced the publication of its Fiscal Year (FY) 2019 Fair Market Rents (FMRs). Comments on the FMRs are due by October 1, 2018. The effective date of the FMRs are October 1, 2018.

The methodology used to calculate these FMRs remain the same as it was for the FY 2018 FMRs. The methodology used to calculate these Small Area FMRs remain the same as it was for the FY 2018 Small Area FMRs. The Department is continuing to implement certain changes (which NAHRO commented on) made in calculating FY 2018 Small Area FMRs. Additionally, as mandated by the Small Area FMR rule, HUD is limiting the amount a FMR or Small Area FMR may decrease to no greater than 10 percent.

The notice also discusses the calculation of Renewal Funding Inflation Factors (RFIFs)–the annual inflation factor by which voucher renewal funding is increased. The Department was considering changing how it calculates RFIFs. The Department notes that most comments “directed HUD to continue using FMR surveys in the calculation of RFIFs.” (Read NAHRO’s RFIF comments here.) The Department is still contemplating how best to incorporate research surveys into the calculation of RFIFs.

FY 2019 FMRs can be found here.

FY 2019 Small Area FMRs can be found here.

The notice announcing the publication of the FMRs can be found here.

HUD Publishes Notice on Voluntary Transfer and Consolidation of HCV Programs

~ Tushar Gurjal ~ Leave a comment

HUD has published PIH 2018-12 titled “Process for Public Housing Agency Volunteer Transfers and Consolidations of Housing Choice Vouchers and Project-Based Vouchers.” The notice describes the process by which a PHA may request a voluntary transfer or a consolidation of the agency’s Housing Choice Voucher (HCV) program. In a voluntary transfer, one PHA’s identifying number and Consolidated Annual Contributions Contract (CACC) remains intact, while in a consolidation, both or all of the PHA’s names, CACCs, and identifying numbers are terminated and replaced. The notice applies to PHAs that administer the HCV program, including project-based vouchers (PBVs), but excludes the Public Housing Low-Rent program and the Section 8 Moderate Rehabilitation program.

Click below for additional information.

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HUD Publishes New RAD Guidance

~ Tushar Gurjal ~ Leave a comment

Tomorrow, HUD will publish new Rental Assistance Demonstration (RAD) guidance in the form of two new Federal Register notices. The Department has also published a new RAD Public and Indian Housing (PIH) Notice. The three new guidance documents are the following:

  1. Rental Assistance Demonstration: Implementation of Certain Fiscal Year (FY) 2018 Appropriations Act Provisions (link is to a pre-publication copy);
    1. [7/3/18 Edit – The final, published document can be found here];
  2. Rental Assistance Demonstration: Supplemental Guidance on Final Notice (link is to a pre-publication copy);
    1. [7/3/18 Edit – The final, published document can be found here]; and
  3. PIH-2018-11 – Rental Assistance Demonstration (RAD) – Supplemental Guidance.

[7/2/18 11:55 am edit – At the same time this post was published, HUD sent a RADBlast! email with additional information.

  • Modified FY 16 RAD Rents can be found here.
  • HUD will host a webinar on July 9, 2018 at 2 pm ET. Registration can be found here.
  • Finally, a version of the RAD notice revised version 3 as amended with the Supplemental Notice can be found here.]

The first notice announces several things:

  1. HUD will use rent levels based on the FY 18 RAD rent base year for Commitments to enter into a HAP contract (CHAPs), portfolio awards, and multi-phase awards issued on or after January 1, 2019. Those rent levels will be published once the final public housing operating subsidy obligation is made for FY 18.
  2. For awards before Jan. 1, 2019, HUD will modify the FY 16 RAD rent base year by replacing the PHA’s FY 16 Capital Fund Formula Grant  with the PHA’s FY 18 Capital Fund Formula Grant (i.e., in calculating RAD rents before Jan. 1, 2019, HUD will use FY 18 Capital Grant allocations, but FY 16 Operating Fund allocations and tenant rents);
  3. The Department can award RAD authority to certain projects where PHAs have submitted Letters of Interest (LOIs) to reserve their position on the RAD waiting list if they submit a complete RAD application within 60 days of publication of the notice;
  4. For all multi-phase awards issued after March 22, 2018, PHAs will have until September 30, 2024 to submit an application for the final phase of the project covered by the multi-phase award; and
  5. HUD may approve a replacement CHAP without new application materials, when a PHA voluntarily withdraws a project and requests new RAD authority for the same project within one month thereafter.

The second notice summarizes certain aspects of the PIH notice. It expands Rent Bundling such that PHAs may bundle between RAD project-based vouchers and non-RAD project-based vouchers. It allows PHAs to establish a project-specific utility allowances for Covered Projects. It provides alternative developer fee limits when a PHA adopts a waiting list preference for households exiting homelessness. It establishes that HUD will disapprove a proposed conversion where a PHA is disposing units at a proposed project and HUD determines that the use of disposition and RAD undermines the unit replacement requirements of RAD. It creates a streamlined conversion option for PHAs that have a very small public housing portfolio of 50 units or less that will not involve any rehabilitation, new construction, or relocation.

NAHRO members will receive additional coverage on these notices and the RAD program.