On June 2, HUD published a message on HUD Exchange addressing the FY 2017 Consolidated Appropriations Act’s (Public Law No. 115-31) suspension of the HOME Investment Partnerships Program (HOME) 24-month commitment requirement for deadlines occurring in 2016, 2017, 2018, and 2019. Due to this suspension, HUD will not be enforcing the program’s 24-month commitment requirement for deadlines occurring this year or in 2018 and 2019. For deadlines that occurred in 2016, HUD intends to return deobligated funds to participating jurisdictions (PJs). HUD further clarifies that this suspension does not apply to a PJ’s Community Housing Development Organization (CHDO) set-aside funds and does not apply to the 5-year expenditure deadline for FY 2014 and earlier grants. The recent HOME interim rule implementing grant-specific commitment requirements remains in effect, except HUD will not enforce the 24-month commitment deadlines discussed above. Additional HUD guidance on the effects of this suspension is forthcoming.
Policy
HUD to Investigate Perception of Small Area FMRs
Tomorrow, HUD will publish a notice in the Federal Register titled “30-Day Notice of Proposed Information Collections: Small Area Fair Market Rent Demonstration Evaluation.” The notice announces an information collection to determine perception of the shift from regular Fair Market Rents (FMRs) to Small Area FMRs among voucher holders and landlords.
For voucher holders, HUD will investigate whether new and current voucher holders understood how shifting to Small Area FMRs changed their housing options, whether voucher holders who moved searched in new neighborhoods, and whether voucher holders moved at a different rate.[1]
For landlords, HUD will investigate whether landlords were aware of the shift to Small Area FMRs, whether this affected their willingness to rent to voucher holders, and the level at which they set their rents.[1]
To investigate, HUD will interview 70 tenants and 35 landlords. Both groups will be interviewed in the areas served by the PHAs in the Small Area FMR Demonstration. Incentive payments of $20 for tenants and $40 for landlords will be made.
HUD seeks comments on the following: 1) Is the information collection necessary and does it have practical utility; 2) the accuracy of the information collection burden; 3) ways to enhance the quality of the information collected; and 4) ways to minimize the burden of the information collected. Comments will be due 30 days after the notice is published. The pre-publication notice can be found here.
[6/2/17 Edit – The notice has been published in the Federal Register, and comments are due on July 3, 2017. The notice can be found here.]
[1] – NAHRO notes that this information would have been useful to know before HUD mandatorily directed PHAs to implement Small Area FMRs in certain areas.
HCV Homeownership e-Learning – Tomorrow & Thursday
HCV Homeownership, a NAHRO Professional Development e-Learning, begins tomorrow and continues on Thursday. Register online at www.nahro.org/training-calendar.
HUD to Propose FMR Methodological Changes
Tomorrow, HUD will publish, in the Federal Register, a notice titled “Proposed Changes to the Methodology Used for Estimating Fair Market Rents.” The Housing Opportunity Through Modernization Act of 2016 (HOTMA) requires HUD to seek comment for material changes to FMR methodology. Responding to NAHRO’s prior comment letter, HUD has agreed to an expansive definition of what constitutes a material change. This notice follows through on HUD’s agreement to seek comment on changes. Comments will be due 30 days after tomorrow’s publication. [5/26/17 Edit – Comments are due June 26, 2017.]
HUD currently calculates FMRs by assigning each area a two-bedroom standard quality base rent from a five year American Community Survey (ACS) tabulation. The base rent is then updated with a recent mover adjustment factor from the latest one year ACS data. The recent mover factor is adjusted “to be ‘as of'” the year which the FMRs are being calculated by using local or regional Consumer-Price-Index-measured changes in gross rents for two years and then a nationally forecasted trend factor measuring estimated expected growth for another two years.
HUD proposes three changes to the FMR methodological method. The first two changes apply to all FMRs, while the third applies only to Small Area FMRs.
- HUD is proposing to only use an ACS estimate, if each ACS estimate is based on at least 100 survey responses. This is in addition, to the current criterion, where HUD only uses the estimate if the error of the estimate is less than half the size of the estimate. If the data does not meet both criteria, then HUD will use an average of the three most recent years of data.
- HUD is proposing a change to the “recent mover factor” where HUD uses “all-bedroom” recent mover rents, when the two-bedroom recent mover rents are not statistically reliable.
- HUD is proposing moving away from the “ratio” method used to tabulate Small Area FMRs to using gross rent estimates calculated by ZIP Code Tabulation Areas.
HUD will make documentation of the impact of these methodological changes and hypothetical FY 2017 FMRs available. (If they are not posted, they should be posted within the next 24 hours.) NAHRO will continue to examine these methodological changes and discuss it with our membership before coming to any conclusions about their effectiveness in creating more accurate FMRs.
When posted, hypothetical FY 2017 FMRs calculated using the new methodology and hypothetical FY 2017 Small Area FMRs calculated using the new methodology can be found here and here respectively.
The pre-publication notice can be found here.
[5/26/17 Edit – The published document can be found here.]
FY 2018 President’s Proposed Budget: Some HCV Thoughts
The following post is meant to offer a few thoughts on the treatment of the Housing Choice Voucher (HCV) Program in the FY 2018 President’s proposed budget. For a deeper analysis, please read NAHRO’s article, “FY 2018 President’s Budget Request: Section 8 Programs” (NAHRO members only). The proposed budget has the potential to affect the HCV Program in two important ways: by cutting funding and by making many policy changes.
Click on the link to read more.
FY 2018 Proposed Budget: Process and In-Depth Analysis
The Administration’s budget proposal, released on May 23, is the first step in a months-long journey. Now that the Administration has released its recommendations, this Direct News will provide in-depth coverage of how it would affect the Community Development, Section 8 and Public Housing programs administered by HUD.
The budget proposal requests cuts, which if implemented, would be devastating for communities. NAHRO strongly opposes the President’s budget proposal and will work to provide necessary and responsible funding for critical housing and community development programs. NAHRO will also fight for long-overdue program and regulatory reforms that can reduce costly administrative burdens.
Members should note that the President’s request is the beginning and not the end of the budget and appropriations process. The Administration’s budget request has over the years become a political document that reflects the fiscal goals and priorities of the Administration for the upcoming fiscal year. It does not carry the force of law. Congress, who controls the nation’s purse strings, can choose to accept the request wholesale, pick and choose parts of it, or reject it outright, which they frequently do. NAHRO will fight to ensure that work undertaken by our members to address critical housing needs for vulnerable families can be sustained.
NAHRO’s initial review can be found in The NAHRO Blog’s post, “President Officially Releases FY 18 Budget Proposal, Slashes Housing and CD Spending.” NAHRO members click on the links below to review the in-depth FY 2018 budget request analysis for Community Development, Section 8, and Public Housing:
Community Development (NAHRO Login Required)
Section 8 (NAHRO Login Required)
Public Housing (NAHRO Login Required)
President Officially Releases FY 18 Budget Proposal, Slashes Housing and CD Spending
The President’s FY 2018 budget request was officially released today.
The proposal, which largely mirrors the budget preview released in March makes steep cuts to housing and community development programs, slashing the overall HUD budget by $6 billion. The bulk of the cuts are to community development programs, which are largely eliminated. The budget also cuts the Public Housing Capital Fund by 68 percent, requesting a funding level of just $628 million for the upcoming fiscal year. The budget document also mentions that the Administration is working toward a “comprehensive package of rental assistance reforms” including “increased tenant rent contributions, the establishment of mandatory minimum rents, and the end of utility allowance reimbursements, among others.”
These proposed cuts, if implemented, would be devastating for communities. NAHRO strongly opposes the President’s budget proposal and will work to provide necessary and responsible funding for critical housing and community development programs. NAHRO will also fight for long-overdue program and regulatory reforms that can reduce costly administrative burdens. Listed below are the Administration’s proposed 2018 funding levels for programs central to the work of NAHRO’s membership.
- Public Housing Operating Fund: $3.9 billion, $500 million less than FY 2017
- Public Housing Capital Fund: $628 million, $1.31 billion less than FY 2017
- Choice Neighborhoods: $0, $137.5 million less than FY 2017
- Tenant-Based Rental Assistance: $19.318 billion, $974 million less than FY 2017
- Section 8 Housing Assistance Payment Renewals: $17.584 billion, $771 million less than FY 2017
- Ongoing Administrative Fees: $1.54 billion, $100 million less than FY 2017
- Family Self-Sufficiency: $75 million, level funding from FY 2017
- Section 8 Project-Based Rental Assistance: $10.751 billion, $65 million less than FY 2017
- Community Development Block Grant: $0, $3 billion less than FY 2017
- HOME Investment Partnerships Program: $0, $950 million less than FY 2017
- Housing Opportunities for Persons with AIDS: $330 million, $26 million less than FY 2017
- Homeless Assistance Grants: $2.25 billion, $133 million less than FY 2017
- National Housing Trust Fund: $0, approximately $219 million less than FY 2017
Members should note that the President’s request is the first step in the budget and appropriations process. The Administration’s budget request has over the years become a political document that reflects the fiscal goals and priorities of the Administration for the upcoming fiscal year. It does not carry the force of law. Congress, who controls the nation’s purse strings, can choose to accept the request wholesale, pick and choose parts of it, or reject it outright, which they frequently do.
Though the budget preview released in March was largely rejected by members of Congress, it is still important to communicate to your members of Congress the impact these types of cuts would have in your community.
This year’s budget comes months later than the traditional budget release date of the first Monday in February, placing a serious time constraint on Congress to approve as many appropriations bills as possible prior to leaving Washington for the August recess. Typically, by this time in the year, cabinet agency funding bills for 2018 would have already been approved. For example, the Senate passed the FY 2017 Transportation, Housing, and Urban Development (T-HUD) spending bill on May 19, 2016. Because of this shortened timeline, it is largely expected that a continuing resolution (CR) will be necessary to keep the government functioning beyond the end of the fiscal year on September 30.
Detailed coverage of the 2018 HUD budget request will follow later this week, which will give the membership more specific information and analysis that will assist you in educating and inform decision-makers and other interested parties.
HUD PIH Publishes Violence Against Women Reauthorization Act of 2013 Guidance
On May 19, HUD Office of Public and Indian Housing (PIH) published a new notice (PIH-2017-08) that provides guidance to PHAs and owners on the requirements of the “Violence Against Women Act of 2013: Implementation in HUD Housing Programs Final Rule,” (VAWA Final Rule, published November 16, 2016) with respect to the Public Housing and Housing Choice Voucher (HCV) programs (including the Project-Based Voucher (PBV)), and Section 8 Moderate Rehabilitation (Mode Rehab).
Overall, the VAWA Final Rule provides expanded housing protections for survivors of violence and fully codifies the provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) into HUD’s regulations. At its core, VAWA 2013 prohibits housing providers from denying or terminating housing assistance on the basis that an applicant or tenant is a survivor of violence.
Notice PIH-2017-08 provides a summary of the major changes of the final rule’s impact on PIH programs and details who is eligible to receive VAWA protections and how eligibility is determined and certified.
Among its topics, the notice reviews policies for:
- PHA Documentation Requirements
- Notice of Occupancy Rights
- Victim Confidentiality
- Emergency Transfers (Emergency Transfer Plans must be in place by June 14, 2017)
- Family Break-up
- Record Keeping and Reporting Requirements
- Developing Partnerships with Victim Service Providers
- Lease Bifurcations
- Establishing Waiting List Preferences
- Landownership: Move with Continued Tenant-Based Assistance
- Owners in the HCV Program
- Assistance Under More Than One Covered Housing Program
- Fair Housing and Nondiscrimination
Please note that this guidance does not encompass every aspect of the VAWA Final Rule and should be used in conjunction with the VAWA Final Rule. NAHRO will provide a deeper analysis of this PIH notice for members in a forthcoming edition of the NAHRO Monitor.
NAHRO attends meeting at HUD on the HCV Program
On May 10, NAHRO staff, along with other industry and advocacy groups, attended a meeting at HUD at which the current state of the Housing Choice Voucher (HCV) Program was discussed. HUD staff at the meeting had two main points for the attendees:
- With the passage of the FY 2017 budget, most PHAs will be receiving a similar amount or more in HAP than they received the year before (this is happening despite the 97.277 proration of HAP because of higher inflation factors);
- HUD highly recommends using their HCV forecasting tool.
Read more by clicking the link.
VAWA Implementation e-Briefing Next Week
VAWA 2013 Implementation
A NAHRO Professional Development e-Briefing
Next Tuesday, May 16, 2017, 1:30 – 3:00 pm EDT
Last November, HUD published a long-awaited final rule that provides expanded housing protections for survivors of violence by fully codifying the provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) into HUD regulations. At its core, VAWA 2013 prohibits HUD housing providers from denying or terminating housing assistance on the basis that an applicant or tenant is a survivor of violence.
Join NAHRO’s in-house policy experts as they discuss compliance with the final rule and the requirements for completing an emergency transfer plan and providing emergency transfers. HUD’s deadline to implement a VAWA Emergency Transfer Plan is June 14, 2017.
Just $95 for NAHRO Members!
Reminder: Whether you’re watching alone or with an audience of 100, only one registration per connected device is required, making NAHRO Professional Development’s e-Briefings an outstanding value!
Online registration will close Monday, May 15 at 11:59 pm EDT.
The NAHRO Blog: Legislative & Policy Updates from Washington, DC 