Federal Regulation

Carbon Monoxide Alarms or Detectors Required in HUD Housing

~ Tushar Gurjal ~ Leave a comment

On Jan. 31, HUD published a notice titled “Carbon Monoxide Alarms or Detectors in U.S. Housing and Urban Development (HUD)-Assisted Housing.” The notice discusses the risks of carbon monoxide (CO), provides resources for detecting CO and preventing exposure, and requires that CO alarms or detectors be installed in certain HUD-assisted housing. The notice states that housing in the following programs should comply with the International Fire Code (IFC) 2018 standards on the installation of CO alarms or detectors by Dec. 27, 2022:

  • Public Housing (PH);
  • Housing Choice Voucher (HCV) program;
  • Project-based Voucher (PBV) program;
  • Project-based Rental Assistance (PBRA);
  • Section 202 Supportive Housing for the Elderly (Section 202);
  • Section 811 Supportive Housing for Persons with Disabilities (Section 811).

Carbon monoxide is a “an odorless, colorless, and toxic gas.” It can be caused by the “fuel burned in vehicles, small engines, stoves, lanterns, grills, fireplaces, gas ranges, or furnaces.” It can poison people and animals when it builds up indoors. While the effects of CO exposure can vary, it can cause adverse health impacts such as “permanent brain damage, life-threatening cardiac complications, fetal death or miscarriage, and death in a matter of minutes.”

The International Code Council (ICC) publishes the International Fire Code (IFC). HUD encourages PHAs and owners to adopt standards at or above the standards of the 2018 International Fire Code. These requirements will be enforced by HUD after Dec. 27, 2022. HUD encourages PHAs and owners to adopt the standards as soon as possible.

PHAs with PH may use either Operating Funds or Capital funds for CO alarms or detectors. There are also Capital Fund competitions for additional funds. For the HCV and PBV programs, the owner is responsible for the CO alarms or detectors, but PHAs may use their administrative fees for landlord  outreach and education on CO requirements. Owners of PBRA, Section 202, and Section 811 properties may use the property’s reserve for replacement account, residual receipts, general operating reserves, owner contributions, or secondary financing to fund CO alarms and detectors.

The notice helps PHAs and owners prevent the intrusion of CO. The notice provides examples of activities the prevent CO intrusion. It also provides a list of sources of CO that can be found in a housing environment. Finally, it gives examples of activities residents should avoid to prevent unintentional CO poisoning. HUD intends to provide additional guidance to be used to educate tenants.

Finally, the notice provides a list of additional resources including resources from other relevant federal agencies.

The full notice can be found here.

New HUD Waiver Notice for Disaster Areas

~ Tushar Gurjal ~ Leave a comment

On Jan. 5, HUD published a notice in the Federal Register titled “Regulatory and Administrative Requirement Waivers and Flexibilities Available to HUD Public Housing and Section 8 During CY 2022 and CY 2023 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters.” The notice provides an expedited process for PHAs to apply for certain waivers and flexibilities when faced with a Presidentially Declared Disaster (PDD) for the calendar years (CYs) 2022 and 2023. The notice is effective from Jan. 1, 2022 to Dec. 31, 2023.

This notice lists the waivers and flexibilities that are available to PHAs, notes that it will consider certain exceptions, and provides instructions on how to submit waiver, flexibility, and exception requests. The following flexibilities and waivers may be requested (please note that the list below is summarized—see the full notice to read the complete descriptions of the waivers):

  • Operating Subsidy Flexibility in Approved Vacancies – a PHA is eligible to receive funding for vacant public housing units that are vacant because of a declared disaster, subject to HUD approval. Eligible units will be considered approved for 12 months.
  • Uniform Financial Reporting Standards; Filing of Financial Reports; Reporting Compliance Dates – HUD may approve delays to certain financial reporting requirements.
  • Public Housing Assessment System – HUD may consider waiving the physical inspection and scoring of public housing projects.
  • Cost and Other Limitations; Maximum Project Cost; TDC Limit – HUD may waive total development costs (TDC) and housing cost cap limits for all work funded through the Capital Fund until the next issuance of TDC limits.
  • Cost and Other Limitations; Types of Labor – HUD may allow PHAs that are not high-performing to use force account labor for modernization-only activities even with not included in the PHA’s 5-year action plan. This waiver will not exceed a period of 12 months.
  • Capital Fund Formula; Replacement Housing Factor to Reflect Formula Need for Projects With Demolition or Disposition Occurring on or After October 1, 1998 and Prior to September 30, 2013 – HUD may allow unexpended Capital Fund Replacement Housing Factor Grants to be used for public housing modernization. This waiver will not exceed a period of 12 months.
  • Tenant Selection Policies and Administrative Plan – HUD may waive requirements that a PHA’s Board of Commissioners approves revisions to tenant selection policies and a PHA’s administrative plan if the revisions are temporary, do not exceed a period of 12 months, are not significant amendments, and comply with the PHA’s plan or state law.
  • Waiting List; Opening and Closing; Public Notice – HUD may waive the requirement that it must provide public notice when opening and closing its waiting list by posting in a local newspaper of general circulation. It would replace that requirement by an alternative one requiring the PHA to post notice to its website. The waiver will not exceed a period of 12 months.
  • HUD Approval of Exception Payment Standard Amount – HUD may approve an exception payment standard that is higher than 110% of the Fair Market Rent.
  • Housing Quality Standards; Space and Security – HUD may waive the requirement that units have at least 1 bedroom for every 2 people to house families displaced by natural disasters. The waiver will be in effect for the initial lease term.
  • Occupancy of Home – HUD may allow families participating in the homeownership program to continue receiving housing assistance payments even if displaced from their homes.
  • Contract of Participation; Contract Extension – HUD may consider authorizing a PHA to extend a family’s contract of participation in a Family Self Sufficiency program for up to 3 years. Any waiver will be in effect for a request made to the PHA during a period of up to 12 months.
  • Section 8 Management Assessment Program (SEMAP) – HUD may consider a request to carry forward a PHA’s last SEMAP score.
  • Verification of the Social Security – HUD may consider a request to transmit form HUD-50058 within 90 days, instead of the usual 30 days, of the receipt of the applicant’s social security documentation.
  • Specific Criteria for HUD Approval of Demolition Requests – for certain Section 18 demolition requests, HUD will accept certain environmental reviews.
  • Approval of Demolition – HUD may waive the requirement for a list of specific and detailed work items for certain Section 18 demolition requests.

A PHA may also request an exception to a requirement that is not listed. HUD will consider these requests subject to statutory and regulatory limitations.

To request waivers, if in a Presidentially Declared Disaster area, a PHA should complete Appendix A of the notice and email the completed appendix with supporting documentation to PIH_Disaster_Relief@hud.gov.

The full notice can be accessed here.

HUD Publishes Expedited Waiver Notice for Public Housing and Voucher Programs

~ Tushar Gurjal ~ Leave a comment

On Dec. 9, HUD published a notice titled “Expedited Regulatory Waivers for the Public Housing and Housing Choice Voucher (including Mainstream and Mod Rehab) Programs” (Notice PIH 2021-34). This notice provides information on flexibilities that HUD will continue to provide for the public housing and Housing Choice Voucher (HCV) programs, even though most regulatory and statutory waivers related to the COVID-19 pandemic will expire at the end of the year. The COVID-19 waivers for the public housing and voucher programs were published because of authority given to HUD through the passage of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Additional information on the expiration of these waivers can be found in HUD’s guidance for winding down CARES Act waivers; PIH 2021-14 (providing revised waivers for public housing and the HCV program); PIH 2020-20 (providing waivers for the Mod. Rehab. program); and PIH 2020-22 (providing waivers for Mainstream vouchers).

This notice divides the additional potential flexibilities into three categories. First, there are flexibilities that will continue with no waivers needed. Second, there are regulatory waivers that PHAs may request and which HUD will review through a streamlined process. Third, there are additional regulatory waivers which PHAs may request, but which HUD will review through its normal waiver review process. None of the statutory waivers provided through CARES Act authority will be extended. In general, HUD lacks the authority to waive statutory program requirements, so PHAs should not request waivers for statutory requirements.

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HUD Requires PHAs to Submit CARES Act Waiver Information by Dec. 20, 2021

~ Tushar Gurjal ~ Leave a comment

On Dec. 6, HUD published a notice titled “Submitting CARES Act Waiver Adoption Information to HUD by December 20, 2021” (PIH 2021-33). This notice requires all PHAs–including those that did not adopt any CARES Act waivers and those that are Moving to Work (MTW) agencies–to report on the waivers that they did or did not implement in the CARES Act Waiver Reporting Tool (CAWRT).

The CARES Act, passed on March 27, 2020, provided HUD with the authority to waive certain statutes and regulations for the public housing and the housing choice voucher (HCV) programs as a response to the COVID-19 pandemic. The Department exercised its authority to issue waivers through multiple notices, including PIH 2021-14 (providing revised waivers for public housing and the HCV program), PIH 2020-20 (providing waivers for the Mod. Rehab. program), and PIH 2020-22 (providing waivers for Mainstream vouchers). Additionally, HUD has provided guidance for winding down the waivers as they near their end of life.

Housing agencies must now report to HUD the waivers that they adopted. In adopting CARES Act waivers, HUD required PHAs to record which waivers the PHA had adopted. Agencies should have made this document available to the public. The Department also provided a suggested format for recording adopted waivers in the form of Attachment I of PIH Notice 2021-14. HUD requires one response from each PHA code. Agencies participating in the MTW program should only indicate adoption of the waivers that were adopted through CARES Act authority.

This reporting requirement must be met by Dec. 20, 2021.

Step-by-step instructions to complete this reporting requirement can be found here.

Housing agencies can access the CARES Act Waiver Reporting Tool here.

HUD Publishes CARES Act Waiver Wind Down Guidance

~ Tushar Gurjal ~ Leave a comment

Late this afternoon, HUD published additional guidance instructing PHAs on how to wind down CARES Act waivers. According to HUD, the guidance “outline[s] planning considerations available to PHAs as they evaluate how to effectively and efficiently navigate the CARES Act Waivers expiration.” The Department did not publish additional guidance documents on waivers that were already expired or where HUD felt it unnecessary. There will be future guidance on both the Section Eight Management Assessment Program (SEMAP) and the Public Housing Assessment System (PHAS).

There are guidance documents for the following program areas:

  • Verification – this document provides guidance on verification documents on income, citizenship, social security numbers, and proof of family composition. Information in it is applicable to public housing, housing choice vouchers (HCVs), and mod. rehab. programs.
  • Inspections – this document provides information inspection-related waivers. Information in it is applicable to public housing, HCVs, and mod. rehab. programs.
  • Occupancy Policies – this document provides guidance on waivers that allowed families to remain in their units during the pandemic. Information in it is applicable to public housing and HCVs.
  • Project-based and Enhanced Voucher Provisions on Under-Occupied Units – this document provides information on waivers that enabled homeless families to enter into lease agreements for under-occupied project-based voucher (PBV) units. Information in it applies to PBVs, the rental assistance demonstration (RAD) program, and enhanced voucher programs.
  • Capital Programs – this document provides information on waivers related to capital program operations during the pandemic and certain additional waivers. It is applicable to the public housing program.
  • Uniform Financial Reporting Standards – this document provides information on how PHAs submit their financial statements.
  • Community Service and Self-Sufficiency Requirements (CSSR) – this document provides information about the requirement that public housing residents participate in community service or an economic self-sufficiency program and is applicable to public housing.

Links to all of this guidance along with a table with updated waiver expiration dates can be found here.

NAHRO members will receive additional information on these guidance documents in the coming days.

OSHA Releases Vaccine and Testing Mandate for Large Employers

~ Georgi Banna ~ Leave a comment

On Nov. 4, the Department of Labor’s Occupational Safety and Health Administration (OSHA) released its vaccine mandate for businesses with 100 or more employees. It is scheduled to be published in the Federal Register tomorrow, Nov. 5, and will take effect immediately. Covered employers have 30-days (by approximately Dec. 5) to become compliant and implement a vaccine and mask mandate and unvaccinated employees must be in compliance with weekly testing requirements within 60-days (by approximately Jan. 4).

A pre-publication copy of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing can be found here. The majority of the ETS provides background, justification, description; and the last section lists the regulatory updates and additions. While the full document is 490 pages, the regulation itself is much shorter and can be found on page 473.

The purpose of the ETS is to protect unvaccinated employees of large employers from the risk of contracting COVID-19 by strongly encouraging vaccination. Covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that adopt a policy requiring employees to either get vaccinated or elect to undergo regular COVID-19 testing and wear a face covering at work in lieu of vaccination.

Unvaccinated employees would need to wear a mask indoors or in vehicles with employees at all times except when alone in a room with floor to ceiling walls or windows and a closed door. There is no mask requirement for vaccinated employees.

At this time the ETS only applies to employers of 100 or more employees, however OSHA is continuing to discuss whether or not this should apply to smaller employers.

NAHRO will continue to follow OSHA’s Emergency Temporary Standard on COVID-19 Vaccination and Testing, and will share additional information as it becomes available.

HUD Publishes New Guidance on Eviction Requirements for Public Housing and PBRA

~ Tushar Gurjal ~ Leave a comment

On Oct. 7, 2021, HUD published a notice titled “Supplemental Guidance to the Interim Final Rule ‘Extension of Time and Required Disclosures for Notification of Nonpayment of Rent’” Notice PIH 2021-29. This notice serves as additional guidance to an interim final rule that was also published in October. The interim final rule specified that where there is federal funding available due to the declaration of a national emergency, PHAs with public housing and owners with project-based rental assistance (PBRA) must do the following at HUD’s discretion:

  • Provide at least 30 days from the date a tenant receives a notice of lease termination for failure to pay rent before terminating the tenant; and
  • Provide information (e.g., information about how to apply for and receive emergency federal funding) to the tenant as determined by HUD.

This PIH notice provides additional guidance to the requirements of the interim final rule. First, it clarifies the instances in which the rule is applicable. The rule applies to PHAs with a public housing program, including Moving to Work (MTW) agencies, and owners with PBRA. For the purposes of this notice, PBRA is defined as the following (i.e., this notice applies to the following programs):

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HUD Creates New Eviction Requirements for Public Housing and PBRA

~ Tushar Gurjal ~ Leave a comment

In a notice titled “Extension of Time and Required Disclosures for Notification of Nonpayment of Rent,” HUD updates its regulations–through an interim final rule–to give itself the authority to require that public housing and project-based rental assistance (PBRA) developments give tenants the opportunity to receive emergency rent relief before eviction. Specifically, when there is federal funding available due to the declaration of a national emergency, PHAs with public housing and owners with PBRA properties must do the following at HUD’s discretion:

  • Provide at least 30 days from the date a tenant receives a notice of lease termination for failure to pay rent before terminating the tenant; and
  • Provide information (e.g., information about how to apply for and receive emergency federal funding) to the tenant as determined by HUD.

HUD will publish another notice outlining the specific information that must be included in the lease termination notification. That notice will also provide the requirements for PHAs and owners to provide the information in an accessible manner for effective communication for people with disabilities and people with limited English proficiency (LEP).

These requirements apply to public housing and PBRA, which is defined in this rule to include Section 8, Section 8 Moderate Rehabilitation, Section 202/162 Project Assistance Contract, Section 2020 Project Rental Assistance Contract (PRAC), Section 811 PRAC, Section 236 Rental Housing Assistance Program and Rent Supplement. The rule does not apply to the Housing Choice Voucher program.

The interim final rule will become effective in 30 days after publication of the notice in the Federal Register.

Comments for the rule will be due within 30 days of publication of the notice in the Federal Register.

A pre-publication copy of the rule may be found here.

HUD Publishes 2022 OCAFs

~ Tushar Gurjal ~ Leave a comment

In early Oct., HUD published the list of operating cost adjustment factors (OCAFs) for project-based assistance contracts under Section 8. These adjustment factors are used to adjust certain Section 8 rents. They were calculated in the same manner the 2021 OCAFs. They are calculated as “the sum of weighted component cost changes for wages, employee benefits, property taxes, insurance, supplies and equipment, fuel, oil, electricity, natural gas, and water/sewer/trash, using publicly available indices.” They are applicable beginning Feb. 11, 2022. These OCAFs are distinct from renewal funding inflation factors (RFIFs), which are usually applicable for the Housing Choice Voucher program.

The Federal Register notice announcing the OCAFs may be found here.

HUD to Revise HUD-VASH Program Rules

~ Tushar Gurjal ~ Leave a comment

Early next week, the Department of Housing and Urban Development will publish in the Federal Register a notice titled “Section 8 Housing Choice Vouchers: Revised Implementation of the HUD-Veterans Affairs Supportive Housing Program.” The HUD-VASH program combines Housing Choice Voucher (HCV) program assistance with case management and clinical services through Veterans Administration (VA) Medical Centers (VAMCs), Community-based Outpatient Clinics, or a designated service provide (DSP). The program aims to increase access to affordable housing for veterans, while also providing additional needed supports.

This notice revises the policies and procedures for the administration of HUD-VASH vouchers. As part of this revision, the notice includes new waivers and program flexibility. The new waivers and flexibility include the following:

  • Allowing the PHA to act in the role of the VAMC or the DSP for the purposes of family selection, where the PHA has been selected for this authority in the past;
  • Allowing the PHA and owner to agree to amend a project-based voucher (PBV) housing assistance payment (HAP) contract to re-designate a normal PBV as a HUD-VASH PBV;
  • Allowing PHAs to apply separate payment standards for HUD-VASH families without prior HUD approval; and
  • A new requirement that PHAs must allow special housing types for HUD-VASH.

The notice also updates some of the existing requirements. These updates include the following:

  • Allowing PHAs to house HUD-VASH veterans referred by the VA in a PBV unit without selecting from the PHA’s waiting lists or applying local preferences;
  • Additional explanation for the portability process for moves of survivors of domestic violence, dating violence, sexual assault, and stalking;
  • Additional information regarding case management from the VAMC or DSP;
  • Clarification that when a family breaks up, the HUD-VASH assistance must stay with the veteran, but not in cases where the veteran is a perpetrator of domestic violence, dating violence, sexual assault, or stalking;
  • Revision stating that Moving to Work (MTW) agencies may apply their MTW flexibilities to their HUD-VASH program with approval from HUD’s HCV office;
  • Explanation of the Housing Opportunity Through Modernization Act of 2016 (HOTMA) exceptions for project-basing HUD-VASH vouchers;
  • Explanation that when a HUD-VASH family is eligible to move from its PBV unit, the family must be able to move with a HUD-VASH tenant-based voucher; and
  • An explanation of the HUD-VASH reallocation process through voluntary moves between PHAs and voucher recapture.

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