HUD Publishes Guidance on RAD and CARES Act Funding

Earlier today, HUD published PIH 2020-26, titled “Rental Assistance Demonstration (RAD) – Supplemental COVID-19 Guidance.” This notice does two things. First, in obligating operating funds for a RAD conversation in the first calendar year in which a housing assistance payment (HAP) contract is effective, this notice states that the project is eligible to receive up to the CARES Act operating fund grant amount provided (prorated by the number of ACC units converted and removed from PIC). Second it provides flexibilities for PHAs in conducting required resident meetings prior to conversion until Dec. 31 2020 due to the COVID-19 emergency.

Members of NAHRO will receive additional information on this notice.

The full notice can be found here.

PRRAC Publishes Document on Implementing RAD Choice Mobility

In August, the Poverty & Race Research Action Council (PRRAC) published a document titled “Guidance for Successful Implementation of Rental Assistance Demonstration (RAD) Choice-Mobility.” The document provides suggestions for a PHA to best implement its choice mobility requirement. The choice mobility requirement states that tenants who live in a RAD unit have the option of using a tenant-based voucher after either a year (in project-based voucher units) or two-years (in project-based rental assistance units).

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Thirdhand Smoke Informational Webinar

NAHRO from time-to-time shares information and webinars from affordable housing partners. Today we are sharing an upcoming webinar from the Thirdhand Smoke Resource Center.

Thirdhand Smoke:
What Every Property Manager Needs to Know

Thursday, October 15, 2020, 2:00-3:00 pm PST
The webinar is free to participants.
REGISTER NOW!

Many property managers are all too familiar with complaints about secondhand smoke and the smell and discoloration left behind in the units of smokers. But did you know that this smell and discoloration is the result of the toxic residue left behind by tobacco smoke and it has negative health effects? Also known as thirdhand smoke, this toxic residue sticks to carpets, doors, furniture, walls, and other surfaces and materials and can remain for years after secondhand smoke has disappeared. How much do you know about thirdhand smoke? How prepared are you to prevent toxic thirdhand smoke? How prepared are you to deal with thirdhand smoke that has built up in an apartment?

This webinar will explain why it is so difficult to remove thirdhand smoke once it has become established and will focus on successful strategies to prevent thirdhand smoke in multiunit housing, with plenty of time for discussion with our panelists!

Webinar topics include:

  1. Thirdhand smoke: origins, constituents, routes of exposure, remediation
  2. Regulatory approaches to prevention of thirdhand smoke in multiunit housing
  3. Policy approaches to prevention of thirdhand smoke in multiunit housing
  4. Strategies for overcoming resistance: Successes, challenges, and resource

Thank you for sharing this invitation with property managers and owners!

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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Today – NAHRO Webinar: The Impact of the CDC Eviction Moratorium on PHAs

NAHRO is hosting a webinar on the recently publish CDC order stopping most non-payment of rent evictions in the United States. The webinar is today, September 8, 2020 at 2pm eastern time. Click here to register. This webinar is complimentary for NAHRO members and $25 for non-member. More information on the benefits of NAHRO membership is available here.

The Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services (HHS) have issued an order stopping most residential evictions for non-payment of rent through the end of 2020. What does this mean for Public Housing Authorities (PHAs) and their residents? Join the NAHRO team and Housing Development Law Institute (HDLI) staff as they provide a breakdown of the CDC order and discuss how it may affect the day-to-day operations of PHAs’ housing programs.

This webinar is the first of our complimentary member benefit series – monthly online sessions that will tackle hot topics, provide opportunities to hear from your peers in the field, and feature networking events to keep you connected. Keep an eye on our training calendar – more information will be coming soon!

Click here to register for today’s webinar!

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.

HUD Publishes Mod. Rehab. CARES Act Waiver Notice

Earlier today, HUD published a notice titled ‘Section 8 Moderate Rehabilitation Program – CARES Act Supplemental HAP Funding Allocation and COVID-19 Waivers and Alternative Requirements” (PIH 2020-20). This notice allocates additional funding for PHAs with Moderate Rehabilitation (Mod. Rehab.) programs and establishes voluntary waivers and alternative requirements that may be used by PHAs. This notice only applies to the Mod. Rehab. program administered by the Office of Public and Indian Housing and does not apply to the Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) program.

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New PIH Notice on Rent Reasonableness

Earlier today, HUD published a notice titled “Rent Reasonableness – Defining Assisted Units for the Housing Choice Voucher and Project-Based Voucher Programs” (PIH 2020-19). This notice updates guidance on which units may be considered “assisted” for the purpose of rent reasonableness requirements.

In general, the rent to an owner–in the context of a Housing Choice Voucher (HCV) Housing Assistance Payments (HAP) contract–must be reasonable. In determining that the rent to an owner for a HCV unit (including project-based voucher [PBV] units) is reasonable, a PHA must ensure that the rent for the applicable unit does not exceed rent for other comparable unassisted units. In certain instances, owners charge below market rents to protect families from rent increases that result solely from a conversion action (e.g., opting out of a Multifamily Section 8 project-based contract). These units are considered “assisted units” and are excluded from a rent reasonableness determination.

This notice broadens the assisted unit standard to “all projects undergoing any conversion action that triggers eligibility for an award of tenant protection vouchers (TPVs).” It also clarifies that “units with restricted rents” are still “excluded from rent reasonableness determinations until the PHA is notified by the owner or otherwise determines that the rent restriction has expired.” Additionally, the language defining “unassisted units” has been refined, but remains essentially the same.

The full notice may be found here.

Reminder: Mobility Webinar Today at 2 pm ET

The National Association of Housing and Redevelopment Officials with our friends, CLPHA, is sponsoring a free webinar on HUD’s new mobility demonstration put on by Mobility Works, the Center on Budget and Policy Priorities, and Opportunity Insights. The free webinar is at 2 pm ET today. Registration for the free webinar can be found here.

On July 15, HUD released a notice implementing the $50 million Housing Choice Voucher Mobility Demonstration. This important demonstration will enable selected public housing agencies to implement or expand programs that help families to use housing vouchers to locate in “high-opportunity” neighborhoods, which research shows can significantly improve adult and child well-being on several key measures, including children’s chances of attending college.

Housing agencies participating in the program will receive new housing vouchers as well as funding to provide robust mobility services to families with children. Agencies will also participate in a rigorous evaluation of the effectiveness of their mobility programs.

Please join us for this free webinar on August 11, 2020 2:00 pm – 3:30 pm ET to discuss the details of HUD’s demonstration notice, as well as the lessons that experienced practitioners and researchers have learned about developing effective housing mobility programs.

AGENDA

Moderator, Demetria McCain, Inclusive Communities Project

I. The requirements of the HUD NOFA:
● Doug Rice, Senior Fellow, Center on Budget and Policy Priorities
● Megan Haberle, Deputy Director, Poverty & Race Research and Action Council

II. Developing a regional housing mobility plan:
● Andrea Juracek, Executive Director, Housing Choice Partners
● Jeffery Patterson, CEO of the Cuyahoga Metropolitan Housing Authority

III. Reflections on working with researchers on a mobility evaluation:
● Sarah Oppenheimer, Opportunity Insights
● Andrew Lofton, Seattle Housing Authority

Registration for the free webinar can be found here.

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.