Public Housing

NAHRO Comments on DHS Public Charge Proposed Rule

~ Georgi Banna ~ Leave a comment

The National Association of Housing and Redevelopment Officials opposes the proposed rule due to its negative impact on immigrant families and the additional negative consequence of inefficient use of limited social service funds. NAHRO requested that the proposed rule be withdrawn as written and the current public charge guidance remain in effect.

On December 10, NAHRO submitted comments on the Department of Homeland Security’s proposed rule titled “Inadmissibility on Public Charge Grounds.”

The proposed rule makes significant changes and additions to the current public charge guidance. The proposed new definition of “public charge” is “that a person should be considered a public charge based on the receipt of financial support from the general public through government funding (i.e., public benefits).”In order to use this definition of “public charge,” “public benefit” must be defined and the proposed rule provides a definition that vastly and inappropriately expands the programs that are to be considered. The proposed rule defines public benefit as a list of cash aid and noncash medical care, housing, and food benefit programs. The list of benefits includes the current cash assistance and institutionalization benefit and further expands the benefits to include the Supplemental Nutrition Assistance Program (Food Stamps), the Housing Choice Voucher Program (HCV), Section 8 Project-Based Rental Assistance (PBRA), Medicaid, and Public Housing.

NAHRO made two primary arguments in opposition to the proposed rule – very few noncitizens use housing benefits and the proposed rule causes unnecessary confusion while an inefficient use of resources.

DHS acknowledges in the proposed regulation that noncitizen participation in the Public Housing, Housing Choice Voucher, and Section 8 Project-Based Rental Assistance programs is “relatively low.” Congress, via statute, and HUD, via regulation, have already protected federal dollars from being used on non-eligible noncitizens and there is no fiscally responsible reason for DHS to further step into this arena.

The proposed rule, despite having few benefits for its expected cost, has caused considerable confusion and angst among current and potential residents of HUD’s housing programs. Current residents have left housing programs because of a fear of being separated from their family because of the proposed rule. Public Housing Agencies (PHAs) around the country are attempting to combat the confusion of this public charge proposed rule. Many PHAs are reaching out to their current residents and local communities to explain the proposed rule and how it applies to the HUD housing programs. The resources needed to explain the public charge proposed rule and any future final rule would be much better spent on providing housing and resident services to U.S. citizens and eligible noncitizens.

The National Association of Housing and Redevelopment Officials opposes the proposed rule due to its negative impact on immigrant families and the additional negative consequence of inefficient use of limited social service funds. NAHRO requested that the proposed rule be withdrawn as written and the current public charge guidance remain in effect.

NARHO’s full comments can be viewed here.

HUD Updates Guidance on EIV System

~ Tushar Gurjal ~ Leave a comment

In late October, HUD published a notice titled “Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System” (PIH 2018-18). The EIV system is a web-based application that allows PHAs to check employment, wage, unemployment compensation and social security benefit information for Section 8 and Public Housing program participants. The notice updates the previous guidance on EIV by discussing  the Income Validation Tool (IVT) Report. The IVT Report replaces the Income Discrepancy Report under the verification reports link. The IVT will be updated monthly. It will provide information on tenant reported income, previous reported income from form HUD-50058, and discrepancies between tenant reported income and information gleaned from HUD data sharing agreements with Health and Human Services and the Social Security Administration.

The notice can be found here.

FY 2018 FSS Funding NOFA Released

~ Georgi Banna ~ Leave a comment

On October 31, 2018, HUD released the Fiscal Year (FY) 2018 Family Self-Sufficiency (FSS) Notice of Funding Availability (NOFA). Congress appropriated $75 million for the FY 2018 FSS program. This NOFA is specifically provides renewal funding for FSS programs that were funding under FY 2015, FY 2016, and/or FY 2017 FSS grants. The application deadline is November 30, 2018.

The FSS provisions (Section 306) of  The Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155 that became Public Law No: 115-174) are not in effect for this NOFA as HUD must issue the implementing regulations within 365 of the bill passage (May 24, 2018) and the implementing regulations have not, at the time of this blog post, been issued.

The FY 2018 NOFA application can be found on Grants.gov and additional information on this NOFA can be found on the HUD website.

SAC Conversion Actions to Receive Additional TPV Funding

~ Tushar Gurjal ~ Leave a comment

On October 22, HUD’s Office of Housing Voucher Programs sent a notice to Housing Choice Voucher (HCV) Program Representatives alerting them to a change in how tenant protection vouchers (TPVs) are funded in conversion actions (e.g., demolitions, dispositions, etc.) that are approved by the Special Application Center (SAC). Previously, TPVs would only be funded for occupied units, but with the new notice mailed to program representatives, HUD is announcing that TPVs will be funded for “unoccupied units that were occupied within the previous 24-month period . . . for both Multifamily Housing and Public Housing TPV actions.” This action will apply prospectively (it will not be retroactive) from October 1, 2018.

In other words, for those PHAs who are initiating an action through the Special Application Center, which will remove units from a PHA’s public housing portfolio, HUD will provide voucher funding for both occupied units and unoccupied units (if the unoccupied units were occupied within the previous 24 months of when the application was sent to HUD).

The notice titled “Demolition and/or disposition of public housing property, eligibility for tenant-protection vouchers and associated requirements” PIH 2018-04 (HA) explains the conditions under which PHAs can initiate certain conversion actions and can be found here.

The notice mailed to HCV program representatives detailing the additional TPV funding can be found here.

HUD Now Accepting Applications for MTW Expansion Cohort #1

~ Tushar Gurjal ~ Leave a comment

Late last week, HUD published a notice–titled “Request for Letters of Interest and Applications under the Moving to Work Demonstration Program for Fiscal Year 2019: COHORT #1 – Overall Impact of Moving to Work Flexibility” (PIH-2018-17)–inviting applications for the first cohort of the Moving to Work (MTW) Expansion. The first cohort of the MTW Expansion will include 30 PHAs with 1,000 or fewer aggregate units (including special purpose vouchers).

In addition to laying out the application process for the first cohort of the MTW Expansion plan, the notice also notes the research topic each cohort will examine. The first cohort will examine the overall impact of MTW flexibility, while future cohorts will examine rent reform, work requirements, and landlord incentives. Applying for MTW status with the first cohort is a two-step process including submitting a letter of interest (due January 11, 2019) and submitting a MTW plan and application.

NAHRO will host a MTW application e-briefing for potential first cohort applicants on Wednesday, November 7th from 1:30 to 3 pm ET. Registration for the e-briefing can be found here.

The MTW Operations Notice can be found here.

The first cohort application notice can be found here.

Click below for additional information on the application process.

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NAHRO Submits Comments on AFFH Rule Streamlining

~ Tushar Gurjal ~ Leave a comment

Earlier this week, NAHRO responded to the Department of Housing and Urban Development’s (HUD’s or the Department’s) request for comments on streamlining the Affirmatively Furthering Fair Housing (AFFH) rule by submitting a comment letter. The National Association of Housing and Redevelopment Officials remains committed to following through on the promise of the Fair Housing Act and its duty to affirmatively further fair housing. At the same time, NAHRO believes that to create a workable rule that delivers results while appropriately balancing the goals of the Fair Housing Act with the limited resources found in communities throughout the United States, certain principles should be followed in refining the AFFH rule.

These general principles are as follows:

  • Entities should not be forced to complete analyses on non-housing factors;
  • Entities should not be forced to complete analyses outside their jurisdiction;
  • Additional funding is required to properly conduct fair housing assessments;
  • Housing agencies should be able to complete any required assessments without having to hire a consultant;
  • The Department should accept and approve assessments for entities that have made a good faith effort to comply with the assessment process;
  • The Department should provide clear, regularly updated guidance for completing assessments;
  • The assessments should provide a greater emphasis on place-based solutions; and
  • The Department should closely follow all requirements of the Administrative Procedure Act and any other process requirements required by law.

The comment letter–after providing background on how HUD substantially deviated from modest recommendations of prior technocratic reports by HUD and the Government Accountability Office (GAO) in 2009 and 2010 respectively–responds to specific inquiries requested by HUD. The comment letter also recommends changes to the definition of “Affirmatively Furthering Fair Housing” and “Qualified PHA.”

The full comment letter can be found here.

New ACC Update – New ACC Rescinded

~ Georgi Banna ~ Leave a comment

NAHRO is happy to announce it has received information from HUD that HUD will be rescinding the Annual Contributions Contract (ACC) (Form HUD-53012, OMB Approval No. 2577-0075) that took effect in May of this year. Agencies that have executed this new ACC will revert back to their prior ACC. Agencies will receive a communication from HUD in the coming days that will document the rescission of the new ACC.

It is anticipated that HUD may revisit a new ACC in the future and allow for additional input from the affordable housing stakeholders.

NAHRO thanks all of the agencies that have shared their thoughts and concerns about the new ACC with us. Additionally agencies, the industry groups (NAHRO, PHADA, and CLPHA) along with industry attorneys worked in unison to advocate for the importance and fairness of the agency/HUD relationship. NAHRO will continue to follow the ACC issue and will provide updates as additional information becomes available.

Fair Housing Webinar – Tuesday, 9/11/2018

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Housing Rules e-Briefing Series

 Fair Housing Discussion –

An AFFH Update & Commenting to HUD

September 11, 2018

1:30 p.m. – 3 p.m. ET

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There have been a lot of new developments surrounding Affirmatively Furthering Fair Housing (AFFH) in recent weeks. Join the NAHRO Policy Team as they discuss the lawsuit against HUD concerning the AFFH Tools and HUD’s decision to reopen the AFFH rule. HUD is also seeking input from the public and stakeholders on what the new, updated AFFH rules should contain and address. NAHRO encourages all members to share their first-hand knowledge and experience in affirmatively furthering fair housing. The NAHRO Policy Team will also provide an overview of how to prepare an effective and persuasive comment letter to HUD.

$95 Members / $195 Nonmembers

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e-Briefings are different from our online courses in that not every person watching must be registered.

We require only one registration per device.

Registration closes at 11:59pm eastern time Monday, September 10, 2018.

Vera Expands Opening Doors to Public Housing Initiative

~ Tushar Gurjal ~ Leave a comment

Last week, the Vera Institute of Justice, announced the expansion of its Opening Doors to Public Housing Initiative. The initiative is a “national project that aims to substantially change public housing admissions policies and reduce barriers that prevent people from safely and successfully reentering their communities once released from prison or jail.” Two individual PHAs and two consortia entities were selected after a competitive selection process: Lafayette Housing Authority; Oklahoma City Housing Authority; the Housing Authority of the County of San Diego in collaboration with five other housing authorities; and a consortium of five agencies led by the Delaware State Housing Authority.

These housing authorities will receive up to 12 months of technical assistance to conduct the following activities:

  • “Safely increase access to housing for people with conviction histories or juvenile records to improve reentry outcomes and reduce recidivism rates.
  • Improve the safety of public housing and surrounding communities through the use of reentry housing strategies.
  • Promote collaboration between public housing authorities, law enforcement agencies, and other criminal justice stakeholders to effectively reduce crime and improve reentry outcomes for people leaving prisons and jails.”

Vera’s full press release can be found here.

Vera’s Opening Doors fact sheet can be found here.

 

HUD to Reopen AFFH Rule

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD published a press release announcing that it published a notice inviting public comment on amendments to its Affirmatively Furthering Fair Housing (AFFH) regulation.

[8/16/18 Edit – the notice has been published in the Federal Register. It can be found here. The comment due date is October 15, 2018.]

The Department wishes to receive comments on amending the rule so that it does the following:

  1. minimizes regulatory burden while more effectively aiding program participants to meet their statutory obligations;
  2. creates a process focused primarily on accomplishing positive results, rather than on analysis;
  3. provides for greater local control and innovation;
  4. seeks to encourage actions that increase housing choice, including through greater housing supply; and
  5. more efficiently utilizes HUD resources.

Currently, HUD has suspended the obligation of local governments to file Assessments of Fair Housing (AFHs) using the local government tool. The Department believed that the tool was “confusing, difficult to use, contained errors, and frequently produced unacceptable assessments, and otherwise required an unsustainable level of technical assistance.” There is currently a lawsuit brought by three civil rights groups filed against HUD on its action suspending requirements of the rule.

NAHRO will provide additional information to our members as we continue to read through the notice and as additional information becomes available.

The Department’s press release can be found here.

A pre-publication copy of the Advance Notice of Proposed Rulemaking can be found here.

[8/16/18 Edit – the published copy can be found here.]