Policy

Groups sue HUD over AFFH

~ Tushar Gurjal ~ Leave a comment

Earlier today, three groups (the National Fair Housing Alliance [NFHA], the Texas Low Income Housing Information Service, and Texas Appleseed) filed a complaint in Federal Court (the United States District Court for the District of Columbia) against HUD regarding its recent actions to extend the deadline for local governments to submit their Assessments of Fair Housing (AFHs).

The complaint states that HUD “published a three-page notice . . . suspending the key requirements of the [Affirmatively Furthering Fair Housing (AFFH)] rule” (HUD characterizes this action as an “Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants“). The action caused “irreparable and ongoing injury” for the three groups suing. As a result of HUD’s action, Texas Appleseed and the Texas Low Income Housing Information Service will have to “divert [mission-critical] resources” to “remedying the effects of [HUD’s] actions.” Additionally, NFHA will have to “divert resources to assisting its members around the country . . . to combat the effects of [HUD’s] actions.”

The groups believe that HUD erred in three ways. First, “[b]y failing to engage in notice-and-comment rulemaking before delaying and altering the AFFH Rule, HUD failed to observe procedures required by law, in contravention of the [Administrative Procedure Act].” Second, “HUD’s delay of the Rule is arbitrary, capricious, or an abuse of discretion, in contravention of the [Administrative Procedure Act]” because HUD’s rationale for extending the deadline (inadequate technical assistance among other reasons) does not explain why HUD cannot improve its technical assistance or why it is acceptable to go back to the previous regulatory framework (i.e., the Analysis of Impediments). Third, “HUD’s effective suspension of the AFFH Rule violates the Fair Housing Act, in contravention of the [Administrative Procedure Act].” Here, the complaint states that HUD is violating its own “affirmative obligation under the Fair Housing Act to ensure that federal housing programs are administered, and federal housing funds spent, in a manner that furthers fair housing.”

The complaint asks that the Court do five things. First, enter a declaratory judgment that HUD’s action is “arbitrary, capricious, an abuse of discretion or contrary to law, and without observance of procedure required by law.” Second, issue preliminary and permanent injunctions requiring HUD to suspend its notice extending the deadline for submission of AFHs for local governments and implement and enforce the requirements of the AFFH rule moving forward. Third, direct HUD to take affirmative steps to remedy the harms caused by the extension. Fourth, award the groups attorney’s fees and costs. Fifth, award any other relief that may be “just and equitable.”

The full complaint can be found here.

New Voucher Funding Opportunities (FUP Vouchers and Mainstream Vouchers)

~ Tushar Gurjal ~ Leave a comment

There are currently two open notice of funding opportunities (NOFAs) for new vouchers for PHAs: Family  Unification Program Vouchers and Mainstream Vouchers.

Family Unification Program Vouchers

Application Due Date: 7/24/18.

Amount: $30 million.

The Family Unification Program (FUP) allows PHAs to partner with Public Child Welfare Agencies (PCWAs) to provide housing choice vouchers to two groups:

  • Families for whom the lack of housing is a primary factor in the placement of the family’s child in out-of-home care (or the delay in discharge to the family from out-of-home care); and
  • Youth who are at least 18 and have not yet reached their 25th birthday, who left foster care (or will leave foster care in 90 days) and are homeless or are at risk of becoming homeless.

This NOFA now requires that in addition to PHAs and PCWAs to being parties to a required memorandum of understanding (MOU), Continuums of Care (COCs) must also be a party to the MOU. Additionally, there is now a threshold to to prevent FUP low utilizers from receiving a new allocation of FUP vouchers, and the CoC must now contribute to the PCWA’s Statement of Need. Finally, in addition to definitional revisions, this NOFA incorporates HOTMA’s FUP related changes.

Relevant links include the following:

  • The FUP NOFA for FY 2017 and FY 2018 can be found here;
  • A sample FUP MOU can be found here; and
  • HUD’s FUP FAQ can be found here.

Mainstream (Section 811) Vouchers

Application Due Date: 6/18/18.

Amount: $100 million.

This NOFA provides funding for vouchers which must be used to assist non-elderly persons with disabilities and their families. The funding is provided to assist non-elderly persons with disabilities who are:

  • Transitioning out of institutional or other segregated setting;
  • At serious risk of institutionalization;
  • Homeless; or
  • At risk of becoming homeless.

The rating criteria for applications is the following:

  • PHA Capacity and Experience (60 points);
  • Leveraging Resources (30 points); and
  • Achieving Results and Program Evaluation (10 points).

Relevant links include the following:

  • The Mainstream NOFA can be found here;
  • HUD’s NOFA Summary Presentation can be found here;
  • HUD’s NOFA FAQ can be found here; and
  • Additional resources from the Technical Assistance Collaborative can be found here. [5/2/18 Edit – link corrected.]

HUD Releases Rent Reform Proposal

~ Tushar Gurjal ~ 1 Comment

The Department of Housing and Urban Development (HUD) released its rent reform proposal earlier today–titled “Making Affordable Housing Work Act of 2018.” The President’s previously released proposed FY 2019 budget anticipated certain rent reform proposals, though at the time of the proposed budget’s release, these proposals were unknown. The Department has now released its proposal.

In a press release accompanying the proposal, HUD states that “a simplified structure of ‘core rents’ that offers a more transparent and predictable rent calculation . . . is easier for both landlords and tenants to understand.” It also states that “HUD will . . . create a menu of ‘choice rents’ that PHAs and owners may implement to promote greater flexibility, local control, and self-sufficiency for non-elderly/non-disabled households.”

NAHRO staff is in the process of reading through the legislation and will provide additional information in the near future.

The full press release can be found here.

The full legislative text can be found here.

[5/1/18 – NAHRO members can find a full summary of the legislation here. (You must be logged in to view this page.)]

TAC to Hold Mainstream Voucher NOFA Webinar

~ Tushar Gurjal ~ Leave a comment

HUD recently issued a Notice of Funding Availability (NOFA) for $100 million in new “Mainstream” housing vouchers for nonelderly people with disabilities.  Information on “Mainstream” Vouchers can be found on HUD’s Office of Housing Choice Vouchers page. The link can also be found below:

https://www.hud.gov/program_offices/public_indian_housing/programs/hcv.

PHAs are eligible to submit applications; applications are due June 18th.  While not a requirement, HUD is providing points in this competitive process for applications that include partnerships between housing and services agencies, especially those that target housing assistance to assist people with disabilities who are transitioning out of institutional or other segregated settings, at risk of institutionalization, homeless or at risk of becoming homeless.

The Technical Assistance Collaborative (TAC)* and the National Association of Housing and Redevelopment Officials (NAHRO) are sponsoring a webinar on Tuesday May 1 at 1:00 ET to provide additional information about this exciting opportunity. The webinar will review the NOFA requirements and provide PHAs with some strategies to identify service partners and establish partnerships to serve target populations.

The webinar is free of charge but you must register. To register, please click on the link below to provide us with your information via Survey Monkey.  Once the survey completes, click the “Continue” button where GoToWebinar will verify your information. Click “Register” and you are all set! Note that this webinar is specifically for PHAs.  For information about related webinars, please email: lsloane@tacinc.org.

Please email lsloane@tacinc.org by April 26 with any reasonable accommodation requests.

To register, please click on the link below:

https://www.surveymonkey.com/r/VoucherMay1

*See www. tacinc.org for more information about TAC.

HUD Sends FSS Program Coordinator Funding Letter

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD sent a Fiscal Year 2018 Family Self-Sufficiency Program Coordinator Funding Letter to PHA Executive Directors. The letter is meant to help “prepare for the upcoming Fiscal Year (FY) 2018 Family Self Sufficiency Notice of Funding Availability (NOFA) competition.” The letter discusses Public and Indian Housing Information Center (PIC) data; the possible use of composite scores in funding determinations; and checking the System for Award Management (SAM) and DUNS status.

Click below to learn more.

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President Signs Executive Order on Work Reforms

~ Tushar Gurjal ~ Leave a comment

Earlier today, the President signed an executive order on work reforms titled “Executive Order Reducing Poverty in America by Promoting Opportunity and Economic Mobility.” The executive order is divided into five sections: purpose; policy; review of regulations and guidance documents; definitions; and general provisions. This blog post provides a summary of the executive order.

Click below to read the full post.

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HUD Announces $43 Million Allocated for HUD-VASH Vouchers

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD published a press release announcing that it would be allocating $43 million to 325 PHAs to provide more than 5,200 veterans experiencing homelessness with homes. The HUD-VASH program combines a Housing Choice Voucher with management and clinical services provided by the U.S. Department of Veterans Affairs (VA).

This most recent award increases the number of PHAs that administer the program by 102. More than 87,000 vouchers have been awarded and approximately 144,000 homeless veterans have been served through the HUD-VASH program.

The full press release with a list of PHAs and partnering VA Medical Facilities can be found here.

PHA Applications for Vera Reentry Technical Assistance due by May 2

~ Tushar Gurjal ~ Leave a comment

The Vera Institute of Justice (Vera) is soliciting applications from PHAs for 14 months of technical assistance to aid them in planning and implementing reentry programs or changes in their policies to safely increase access to housing for people with conviction histories. PHAs of all sizes are encouraged to apply. PHAs with voucher programs are also encouraged to apply. Multiple PHAs within the same geographic area may apply jointly.

The goals of this initiative are the following:

  1. Safely increase access to housing for people with conviction histories;
  2. Improve the safety of public housing and surrounding communities through the use of reentry housing strategies; and
  3. Promote collaboration between PHAs, law enforcement agencies, and other criminal justice stakeholders to effectively reduce crime and improve reentry outcomes for people leaving prisons and jails.

Applications will be accepted until 11:59 PST on Wednesday, May 2, 2018. Questions may be directed to Jessica Jensen at jessicajensen@vera.org.

Additional information about the initiative can be found on Vera’s website here. The full Request for Proposals for Technical Assistance can be read here.

HUD Publishes CY 2018 Administrative Fee Rates in Federal Register

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD published, in the Federal Register, a notice titled “Notice of Annual Factors for Determining Public Housing Agency Administrative Fees for the Section 8 Housing Choice Voucher, Mainstream, and Moderate Rehabilitation Programs.” According to the notice, administrative fees will continue to be earned on the basis of vouchers leased on the first of each month as taken from the Voucher Management System (VMS) at the close of each reporting cycle. Two rates are given: the first is for the first 7,200 voucher unit months, while the second applies to all remaining  voucher unit months in calendar year (CY) 2018.

The full notice can be found here.

[Note: HUD has previously published these rates on their website.]

HCV TPV Funding Awards for FY 2017 Posted

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD posted a pre-publication copy of a notice titled “Announcement of Tenant Protection Voucher Funding Awards for Fiscal Year 2017 for the Housing Choice Voucher Program” in the Federal Register. The notice notifies the public of Tenant Protection Voucher (TPV) funding awards for Fiscal Year (FY) 2017 for the Housing Choice Voucher (HCV) program.

The recipients of these funds were awarded their vouchers on a as-needed, non-competitive basis. The awards published in the notice were provided to do the following:

  1. Assist families in HUD-owned properties that are being sold;
  2. Assist families affected by the expiration or termination of their Section 9 Project-based and Moderate Rehabilitation contracts;
  3. Assist families in properties where the owner has prepaid the HUD mortgage;
  4. Assist families in projects where the Rental Supplement and the Rental Assistance Payments contracts are expired (RAD – Second Component);
  5. Provide relocation housing assistance in connection with the demolition of public housing;
  6. Assist individuals affected by the expiration or termination of their Section 8 single room occupancy (SRO) contracts;
  7. Assist families in public housing developments that are scheduled for demolition in connection with a HUD-approved HOPE VI revitalization or demolition grant; and
  8. Assist families consistent with PIH Notice 2016-12 titled “Funding Availability for Tenant Protection Voucher for Certain At-Risk Households in Low Vacancy Areas-Fiscal Year 2016.”

HUD awarded 9,218 housing choice vouchers ($94,468,761 in new budget authority) in the above categories. A special administrative fee of $200 per occupied unit was provided to PHAs to compensate for any extraordinary HCV administrative costs associated with Multifamily Housing conversion actions.

The pre-publication version of the notice can be found here.