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.

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.

HUD to Restart Physical REAC Inspections

Earlier today, HUD published a press release titled “Secretary Carson Announces HUD Will Safely Resume Physical Inspections.” In the press release, Secretary Carson notes that “[p]hysical inspections are vital in ensuring the health and safety of the Americans who reside in properties enrolled in HUD’s programs.” He also states that he is ” . . . very pleased to announce . . . [that] they are resuming.”

The press release notes that to keep residents and staff safe, HUD will implement a system of prioritization of inspections based on COVID-19 data and health risk scoring methodology (with the data taken from Johns Hopkins University and the methodology from the Harvard Global Health Institute. The Real Estate Assessment Center (REAC) has developed a heat map that categorizes localities into four categories of risk along with an associated color:

  • Low Risk – Green;
  • Moderately Low Risk – Yellow;
  • Moderately High Risk – Orange; and
  • High Risk – Red.

According to the press release, “REAC will provide a listing on its website of low-risk counties 45 days prior to the start of physical inspections. At the end of the 45-day period, REAC will provide a 14-day notification to priority properties in that county to inform families that an inspection will take place.” The first outreach about inspections will start after Sept. 21, 2020. A list of safe counties for inspections will be posted on REAC’s website.

HUD’s press release can be found here.

REAC’s website can be found here.

Homeland Security’s Public Charge Rule Implementation Stopped!

On July 29, 2020, Judge George B. Daniels of the U.S District Court for the Southern District of New York issued a preliminary injunction and temporary stay of the U.S. Department of Homeland Security’s (DHS) Public Charge rule. Judge Daniels’ order provides that DHS and U.S. Citizenship & Immigration Services (USCIS) can not enforce, apply, implement, or treat as effective the Public Charge rule as long as “there is a declared national health emergency in response to the COVID-19 outbreak.”

The preliminary injunction and temporary stay applies nationwide as Judge Daniels wrote, “Each infected individual that travels to Governmental Plaintiffs’ jurisdiction [States of New York, Connecticut, and Vermont; and City of New York] risks undoing crucial progress made in combating this disease. Discouraging noncitizens nationwide from obtaining necessary treatment and care certainly undermines those efforts. Issuing geographically limited relief would not meaningfully abate the public health risk, especially when applied to a population that represents a significant portion of essential workers who continue to work outside of their homes ans interact with the public at large.”

The Public Charge rule, that defined public charge to include individuals receiving federal housing benefits, took effect February 24, 2020; after previous injunctions and stays were lifted by the U.S. Supreme Court. It is anticipated that Judge Daniels’ preliminary injunction and temporary stay order will also be appealed to the U.S. Supreme Court.

The July 29, 2020 order can be view here. NAHRO’s Public Charge One-Pager provides additional information on the DHS Public Charge rule. NAHRO will continue to follow the implementation of DHS’s Public Charge rule and share additional information as we receive it.

How COVID-19 Sheds New Light on Lung Health and Smoke-Free Public Housing Webinar – Aug. 12 at 2pm EST

Clean Air for All invites you to join us for a complimentary upcoming webinar: How COVID-19 Sheds New Light on Lung Health and Smoke-Free Public Housing. We will discuss ways COVID-19 has impacted smoke-free public housing, learn about the link between smoking, secondhand smoke exposure, and COVID-19, and share resources and strategies to help PHAs manage smoke-free housing during the pandemic.

We are honored to be joined by Dr. Brian King, Deputy Director for Research Translation for the Centers for Disease Control and Prevention, for this discussion.

Webinar Objectives:

  • Describe the state of the science with regard to smoking, secondhand smoke exposure and COVID-19.
  • Illustrate ways the COVID-19 pandemic may impact smoke-free public housing and discuss potential adaptive strategies.
  • Outline existing resources to help public health authorities (PHA) improve smoke-free policies.
  • List smoking cessation support resources for public housing authorities (PHA).

Register today for our How COVID-19 Sheds New Light on Lung Health and Smoke-Free Public Housing Webinar!

Clean Air for All: The Smoke-Free Public Housing Project is a collaboration of Live Smoke Free (LSF) a program of the Association for Nonsmokers – Minnesota and the National Association of Housing and Redevelopment Officials (NAHRO). This project is made possible with funding from the Robert Wood Johnson Foundation.

This Wednesday: NAHRO Legislator of the Year Todd Young Kicks off August Advocacy Campaign

This Wednesday at 2pm eastern time, NAHRO is hosting a complimentary webinar awarding NAHRO’s Co-Legislator of the Year and kicking off NAHRO’s August Advocacy Campaign.

NAHRO has an ambitious goal this August – send 8,501 letters to Capitol Hill during the upcoming Congressional August recess. NAHRO Legislator of the Year Senator Todd Young (R-Ind.) will join NAHRO to receive his award and help us kick off our August advocacy campaign.

NAHRO Director of Congressional Relations Tess Hembree will also lead a conversation with members of the Legislative Network on their advocacy successes and how they plan to advocate for housing and community development this summer.

Don’t miss this critical conversation on how you can have your voice heard by lawmakers this summer.

Click here to register!