MTW Expansion Applications for Cohorts #3 and #4 Posted

Earlier today, HUD published applications to apply for additional cohorts in the Moving to Work (MTW) Expansion. The Moving to Work program allows PHAs additional regulatory flexibilities to implement innovative strategies to house families. The MTW Expansion incorporates a research component with every new cohort of MTW agencies.

The applications can be found here:

NAHRO members will receive additional information about both applications in the coming days.

Assistant PIH Secretary Resigns from HUD

Assistant Secretary of Public and Indian Housing Hunter Kurtz has resigned from his position, effective at the close of business today.

In an email to housing authority executive directors, Mr. Kurtz wrote: “Being the Assistant Secretary for Public and Indian Housing and working with you over the past 18 months has truly been the greatest honor and privilege of my life. During this time, we have done incredible work, in some of the most challenging times our industry has faced. Most importantly we helped the residents of our programs prepare for and respond to a virus, that disproportionately affected the people we serve.”

NAHRO has had a strong working relationship with Assistant Secretary Kurtz.

“He is a thoughtful leader who cares deeply for HUD programs, our public housing and Indian housing agencies, and the people who they serve,” said NAHRO CEO Adrianne Todman. “We are grateful for his work and wish him the best.”

Mr. Kurtz was confirmed on June 20, 2019. He has spent more than 10 years in federal service. He previously served as the Principal Deputy Assistant Secretary for Public and Indian Housing, and also served in the White House as the Deputy Chief of Staff at the Council of Economic Advisers.

He was also previously the Deputy Director of Detroit’s Department of Housing and Revitalization, where he managed the department’s day-to-day operations, implemented programs that helped homeowners, and oversaw reform of the department’s contract and procurement processes.

HUD Releases Revised COVID-19 Waiver Notice

On November 30, HUD released a notice extending COVID-19 waivers for PHAs. This notice is titled “COVID-19 Statutory and Regulatory Waivers and Alternative Requirements for the Public Housing, Housing Choice Voucher (including Mainstream and Mod Rehab), Indian Housing Block Grant and Indian Community Development Block Grant programs, Suspension of Public Housing Assessment System and Section Eight Management Assessment Program, Revision 2” (PIH 2020-33(HA), Rev-2). This notice restates the waivers from previous notices and incorporates the waivers from the mainstream voucher waiver notice and mod. rehab. waiver notice. It also adds several new waivers and alternative requirements and extends most of the waivers until June 30, 2021 (previously, most waivers were set to expire at the end of this year).

Some aspects of the previous waiver notice remain in place. First, the use of these waivers is discretionary. The PHA may choose which waivers it wishes to use. Additionally, some waivers have alternative requirements which should be read carefully. Finally, PHAs must publicly post or otherwise make available a list of all the waivers and alternative requirements the PHA choose to implement. The PHA must also notify residents and owners or the impact of the waivers and alternative requirements.

Members of NAHRO will receive additional information about this notice.

The full notice can be read here.

A quick reference chart of the waivers and their period of availability can be found here.

New HUD Guidance on Remote Hearings and Remote Briefings

The Department has published a notice titled “Guidance for PHAs on the Allowability of Remote Hearings and Remote Briefings” (PIH 2020-32). The notice provides additional guidance for conducting remote hearings (e.g., informal hearings for denial of admission, informal settlement of a grievance, etc.) and remote briefings (e.g., oral briefings for new Housing Choice Voucher [HCV] applicants, project-based voucher applicants, and tenant-protection voucher families). The notice outlines requirements for the technology platform used to conduct these activities remotely, discusses how to identify and resolve technology barriers prior to conducting remote hearings or briefings, discusses presenting documents prior to remote hearings and remote briefings, discusses specific public housing requirements, and specific HCV requirements.

Members of NAHRO will receive additional information on this notice.

The full notice can be found here.

HUD Creates New Energy Savings Program for Small, Rural PHAs

On October 23, HUD published a notice titled “Implementation of Section 209(b) of the Economic Growth, Regulatory Relief, and Consumer Protection Act (Economic Growth Act)” (PIH 2020-30). This notice implements an energy savings program for small, rural PHAs that was created by the Economic Growth, Regulatory Relief, and Consumer Protection Act (Economic Growth Act). The National Association of Housing and Redevelopment Officials submitted comments on implementing section 209(b). Our comments stated that this program should be distinct from Energy Performance Contracting, that the program should be easy to apply to and to administer, and that PHAs should have flexibility in how they use the savings. We are pleased that HUD closely followed many of NAHRO’s suggestions. The program—called the Small Rural Frozen Rolling Base (SR-FRB)–would allow eligible PHAs to freeze the cost of their energy consumption levels, improve their energy efficiency, and use any cost savings for any eligible public housing purpose at the PHA’s discretion. This program differs from Energy Performance Contracting (EPC) in that it is much easier to apply to and administer.

Continue reading

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.

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 PIH to Hold Call on CARES Act Reporting Requirements and CDC Eviction Notice Declaration

In an email sent earlier today, HUD’s Office of Public and Indian Housing (PIH) announced that it will hold a call to discuss CARES Act reporting requirements and the Centers for Disease Control (CDC) eviction notice order. The call will occur at 2 pm ET on Sept. 15, 2020. Information on the call can be found below.

Step 1: Dial into the conference.
Dial-in: 888-251-2949 or 215-861-0694
Access Code: 3278449##
Need an international dial-in number?
If the automated recording indicates the conference is full, please use overflow information:
Dial in: 888-251-2949 or 215-861-0694
Access Code: 5358782#

Step 2: Join the conference on your computer.
Entry Link: https://ems8.intellor.com/login/832237

A calendar invitation can be found here.

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.