FMRs

New Small Area FMR Guidance

~ Tushar Gurjal ~ Leave a comment

On November 15, HUD released a notice titled “Small Area Fair Market Rent Implementation Guidance for FY2024 Designated Metropolitan Areas” (Notice PIH 2023-32). The guidance provides certain implementation details for the recent expansion of the mandatory use of Small Area FMRs. The Department has designated 41 new metropolitan areas where PHAs will be required to use Small Area FMRs for the Housing Choice Voucher program. Small Area FMRs will be required in those areas on October 1, 2024, but payment standards based on those small area FMRs will not be required to be updated until January 1, 2025. Housing agencies in those areas may choose to use the small area FMRs for their project-based vouchers.

The notice also provides additional information on the implementation of small area FMRs. First, small area FMR designations are permanent. Second, those PHAs that must mandatorily implement small area FMRs in the new areas will receive $10,000 to cover the administrative costs of transitioning to small area FMRs. These funds will be disbursed automatically, and no PHA will have to apply for them. Third, those PHAs, in the mandatorily designated areas, that wish to begin using small area FMRs immediately may do so under the current “opt-in” procedures. Finally, moving to work (MTW) agencies, in mandatorily designated areas, are required to use small area FMRs, unless they have an alternative payment standards policy in their HUD-approved annual MTW plans.

The full notice can be read here.

HUD to Expand Mandatory Use of Small Area FMRs

~ Tushar Gurjal ~ Leave a comment

On October 23, a pre-publication copy of a notice titled “Small Area Fair Market Rents in the Housing Choice Voucher Program Metropolitan Areas Subject to Small Area Fair Market Rents” was made publicly available. The notice would add additional metropolitan areas to the list of areas in which PHAs are required to adopt the use of Small Area Fair Market Rents (FMRs). Small Area FMRs are Fair Market Rents calculated over a zip code, instead of a larger geography. The Department’s regulations require that HUD update the list of areas that must adopt Small Area FMRs every 5 years. The designation is permanent. These designations will take effect on October 1, 2024, but affected PHAs have until January 1, 2025 to update their payment standards.

In deciding which areas must use Small Area FMRs, HUD considers the following factors:

  • at least 2,500 vouchers must be under lease in the metropolitan FMR area;
  • at least 20% of the standard quality rental stock within the metropolitan FMR area is in zip codes where the Small Area FMR is more than 110% of the metropolitan FMR;
  • the percentage of voucher families living in within low-income areas within the area must be at least 25%;
  • the percentage of voucher holders living in low-income areas relative to all renters within these areas over the entire metropolitan area exceeds 155%; and
  • the vacancy rate for the metropolitan area is higher than 4 percent.

Through recent research, HUD has found that “[n]ew voucher recipients were more likely to move to low-poverty neighborhoods after [Small Area FMRs] were implemented . . . [though] the magnitude of these positive effects is modest.” The research also found that Small Area FMRs “did not affect the success of households with vouchers in leasing up (i.e., the number of households leasing up within 180 days), even for high-barrier households or those living in zip codes where [Small Area FMRs] were lower than FMRs.” Additionally, HUD staff analysis found “little discernable difference in the annual change in [per unit cost] in [Small Area FMR areas].”

In implementing Small Area FMRs, HUD has committed to providing the following: “adequate technical assistance, opportunities for peer-to-peer training, additional program materials, and additional training for HUD field office staff.”

The full pre-publication notice can be found here.

The new mandatory Small Area FMRs designations are the following:

Continue reading →

HUD Implements HCV Exception Payment Standard Waivers for 2024

~ Tushar Gurjal ~ Leave a comment

On October 12, HUD published a notice titled “Certain Regulatory Waivers for the Housing Choice Voucher (including Mainstream) Program and Streamlined Review Process” (Notice PIH 2023-29). The notice would allow PHAs to use an expedited process to receive waivers from HUD to use a higher payment standard and to apply the payment standard during the Housing Assistance Payment (HAP) contract term. Waiver requests must be received by HUD by midnight on June 3, 2024.

Exception Payment Standards

The notice allows PHAs to request three different payment standard waivers. The first would allow for PHAs to use exception payment standards up to 120% of the Small Area Fair Market Rents (FMRs) for PHAs that have voluntarily or mandatorily adopted Small Area FMRs. The second waiver would allow PHAs to adopt exception payment standards up to 120% of the FMR. The third waiver would allow for a PHA to adopt exception payment standards up to 120% of the Small Area FMRs for PHAs that are currently approved for exception payment standard Small Area FMRs.

In order to request one of the above three waivers, PHAs must meet certain criteria. Either one of the two following criteria must be true. Either the PHA must have a success rate under 80% for the most recent 12-month period for which there is data or more than 40% of the families in the program must be cost-burdened (i.e., pay more than 30% of adjusted income as the family share). In determining these numbers, the PHA should include special purpose vouchers.

Increases to the Payment Standard during the HAP Contract Term

The notice also allows PHAs to apply for a waiver that will allow for PHAs to increase their payment standards for a family at any time after the effective date of the increase (as opposed to the next recertification for the family). To apply for the waiver, the PHA must have “good cause.” Examples of “good cause” include, but are not limited to, instances were the PHA has experienced an increase in family rent burdens or instances where the PHA anticipates potential negative impacts to tenants or the onset of housing instability.

Requesting a Waiver

To request a waiver through the streamlined process, PHAs should email PIH_Expedited_Waivers@hud.gov. Each request should state the following in the subject line: “Streamlined Regulatory Waiver Request, [PHA name and code].” The body of the email should include the PHA business address and a point of contact’s email address; the name of the requested waiver; a justification of the waiver that shows good cause (the justification should include why the PHA needs the waiver and the impact on PHA operations or applicants, if the waiver is not provided); and the requested duration of the waiver (up until December 31, 2024). PHAs should ensure they have the budgetary authority to enact the waiver.

The full notice can be read here.

HUD Publishes FY 2024 FMRs

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On Aug. 31, HUD published a notice in the Federal Register titled “Fair Market Rents for the Housing Choice Voucher Program, Moderate Rehabilitation Single Room Occupancy Program, and Other Programs; Fiscal Year 2024.” The notice describes the methodology for calculating the fiscal year (FY) 2024 fair market rents (FMRs) and states the process by which housing agencies can request reevaluations of their FMRs.

Housing agencies that wish to request reevaluations of their FMR(s) should submit reevaluation requests through http://www.regulations.gov by the end of the notice’s 30-day comment period or submit the request directly to HUD. The area’s PHA (or PHAs in multi-jurisdictional areas that represent at least half the voucher program participants in an area) must agree that the reevaluation is necessary. Those requesting reevaluation must supply HUD with data more recent than the 2021 American Community Survey (ACS). Those geographies that have submitted valid reevaluation requests may use either 2023 FMRs or 2024 FMRs during the reevaluation period. Data for the reevaluation must be submitted by Jan. 5, 2024. Revised FMRs will be posted in April, 2024. Small metropolitan areas without one-year ACS data and non-metropolitan counties may use mail surveys.

The FY 2024 FMRs can be found here.

The full notice on calculating the FMRs and the reevaluation procedures can be found here.

New Small Area FMR Dashboard

~ Tushar Gurjal ~ Leave a comment

On July 6, HUD sent an email to Executive Directors announcing the posting of a new Small Area Fair Market Rent (FMR) dashboard. The Dashboard lists PHAs that have either adopted the use of Small Area FMRs or the use of an exception payment standard that allows a PHA to raise its payment standard up to 110% of the small area FMR. The dashboard also lists the number of units under small area FMRs, the number of PHAs that use small area FMRs or exception payment standards that can be raised up to 110% of small area FMRs, and the total number of units categorized by Small Area FMR type.

Additionally, the website containing the dashboard also contains links to resources about Small Area FMRs.

The website can be found here.

HUD Publishes 2023 FMRs

~ Tushar Gurjal ~ Leave a comment

On Sept. 1, HUD published in the Federal Register a notice announcing the new Fair Market Rents for 2023. Fair Market Rents (FMRs) are used by the Housing Choice Voucher (HCV) program to determine the payment standard, which is used to calculate the amount of rental assistance a family in the program may receive in a certain area. Certain other programs also use FMRs. In calculating these FMRs, HUD altered their methodology to use additional private-sector data. The Department previously asked for comment on their new methodology and NAHRO responded with comments.

Housing agencies that are interested in reevaluating their area’s Fiscal Year (FY) 2023 FMRs must submit a reevaluation request to HUD by Oct. 3, 2022. The requestor must also submit data to HUD more recent than the 2019 American Community Survey (ACS) data used in calculating the FY 2023 FMRs. The Department requires data on “gross rents paid in the FMR area for occupied standard quality rental housing units” and the data “must be sufficient for HUD to calculate a 40th and 50th percentile two-bedroom gross rent.” Requestors may also gather this data through the use of surveys. This data must be submitted by Jan. 6, 2023.

The FMRs are effective on Oct. 1, 2022.

The FY 2023 FMRs along with other FMR-related information can be found here.

The Federal Register notice can be found here.

HUD’s Press Release on the new FMRs can be found here.

HUD Proposes Changes to FMR Calculation Methodology

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD published in the Federal Register proposed changes to the methodology for calculating fair market rents (FMRs). The notice is titled “Proposed Changes to the Methodology Used for Calculating Fair Market Rents.” Fair market rents are used to determine payment standards for the Housing Choice Voucher (HCV) program and also impact certain other federal programs.

Currently, HUD calculates FMRs through a seven-step process. First, HUD establishes a two-bedroom base rent from American Community Survey (ACS) 5-year data. HUD then updates this base rent with a “recent mover adjustment factor” based on one-year ACS data. This adjusted data is then inflated by a “gross rent adjustment factor” and then trended forward through the use of a “trend factor.” HUD then adjusts the rents for other unit sizes by applying “bedroom ratios” calculated from the relationships between different size units in the five-year ACS data. There is also a regulatory limit to how much HUD will allow an FMR to decline from one year to the next (i.e., an FMR cannot fall below this percentage “floor” in the span of one year). Finally, HUD also calculates minimum FMRs for each state based on the median FMR for non-metropolitan portions of each state.

The Department is proposing certain changes to the calculation of FMRs—primarily the use of private sector data in two steps during the calculation process in certain instances. First, due to the pandemic, there is a lack of ACS 1-year data. To correct for this, there is a special tabulation of the five-year ACS data for 2020 of rents paid by people who moved in 2020 or 2019. This special tabulation will be updated by private data sources in certain situations where the data sources are accurate and there are three private data sources. HUD would like to estimate the “recent mover adjustment factor” from these sources. When one-year ACS data becomes available again, HUD would like to use it again, while still considering augmenting it with private sector data. Second, HUD would like to use private data sources along with its standard Consumer Price Index (CPI) data in calculating the average gross rent inflation factor in certain instances. These changes would impact the calculation of Small Area FMRs also.

The Department is seeking comment on the appropriateness of using these private sector data sources. Additionally, HUD is seeking comment on whether HUD should continue to use these private rent data sources for FMR calculation after fiscal year 2023.

Comments are due Aug. 12, 2022.

The full Federal Register notice can be found here.

HUD Hosting Payment Standards Webinar

~ Tushar Gurjal ~ Leave a comment

On June 10, 2022, from 2 pm to 4 pm ET, HUD will host a webinar to aid PHAs in “understanding and using payment standards, exception payment standards, Fair Market Rents (FMRs), and Small Area FMRs (SAFMRs).” In addition to learning what these items are, webinar participants will also learn best practices and tools to use them.

Webinar registration can be found here.

After the webinar has been complete, a recording will be found here.

HUD Publishes Notice Officially Extending Deadline to April 1st for Submitting Expedited Waiver Requests

~ Tushar Gurjal ~ Leave a comment

As previously reported by NAHRO, HUD has now officially extended the deadline to April 1st for submitting a request for an expedited waiver. The new notice, Notice PIH 2022-04, states the following:

“This notice amends PIH-2021-34 solely by extending the submission deadline in Section 5 of the notice from March 1, 2022 to April 1, 2022. No additional submission extensions will be issued.”

From NAHRO’s discussions with HUD staff, NAHRO was able to learn that even after the deadline, PHAs will be able to apply for these waivers, but post-deadline requests will not go through the expedited waiver process. In addition, the simplified payment standard waiver process in the expedited waiver notice will remain in place after the deadline. Additional details on that process remaining in place will be explained in a future notice.

The full notice extending the deadline to April 1st 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.