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.

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!

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.

After NAHRO Letter, HUD Releases Funds; Still No Word on Additional CARES Act Reporting Guidance

On July 17, 2020, NAHRO CEO Adrianne Todman sent a letter to Secretary Carson asking that HUD, among other things, release Coronavirus Aid, Relief, and Economic Security (CARES) Act funding related to the Housing Choice Voucher (HCV) program and to release guidance on additional reporting requirements for CARES Act funding.

Specifically, the letter requested that HUD immediately:

  • “Disburse all administrative fee funding from the CARES Act”;
  • “Disburse all Housing Assistance Payment (HAP) funding from the CARES Act”; and
  • “Publish clear and concise guidance on additional CARES Act reporting requirements for” the HCV program.

Earlier today, HUD began the process of disbursing the HCV HAP and administrative fee funding. The National Association of Housing and Redevelopment Officials is pleased that HUD took this step in response to its letter.

Unfortunately, neither the notice on HAP funding nor the notice on admin. fee funding provided additional new information on the additional CARES Act requirements for recipients of $150,000 or more of CARES Act funding. The notices continue to state that within “10 days after the end of each calendar quarter, a report containing information regarding the amount of funds received; the amount of funds obligated or expended for each project or activity; a detailed list of all such projects or activities, including a description of the project or activity; and detailed information on any subcontracts or subgrants awarded by the recipient” be submitted. The notices continue to state that as outlined in Office of Management and Budget memorandum M-20-21, existing reporting requirements may meet CARES Act requirements and that HUD will issue further guidance, if necessary.

The Department has yet to state, if additional CARES Act reporting guidance is necessary. If it is, the Department has yet to publish it.

The National Association of Housing and Redevelopment Officials urges HUD to immediately publish clear and concise guidance around the reporting requirements of these CARES Act funds.

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.

Webinar for the HCV Mobility Demonstration

The National Association of Housing and Redevelopment Officials with our friends, CLPHA, is sponsoring a free webinar on HUD’s new mobility demonstration put on by Mobility Works, the Center on Budget and Policy Priorities, and Opportunity Insights.

On July 15, HUD released a notice implementing the $50 million Housing Choice Voucher Mobility Demonstration. This important demonstration will enable selected public housing agencies to implement or expand programs that help families to use housing vouchers to locate in “high-opportunity” neighborhoods, which research shows can significantly improve adult and child well-being on several key measures, including children’s chances of attending college.

Housing agencies participating in the program will receive new housing vouchers as well as funding to provide robust mobility services to families with children. Agencies will also participate in a rigorous evaluation of the effectiveness of their mobility programs.

Please join us for this free webinar on August 11, 2020 2:00 pm – 3:30 pm ET to discuss the details of HUD’s demonstration notice, as well as the lessons that experienced practitioners and researchers have learned about developing effective housing mobility programs.

AGENDA

Moderator, Demetria McCain, Inclusive Communities Project

I. The requirements of the HUD NOFA:
● Doug Rice, Senior Fellow, Center on Budget and Policy Priorities
● Megan Haberle, Deputy Director, Poverty & Race Research and Action Council

II. Developing a regional housing mobility plan:
● Andrea Juracek, Executive Director, Housing Choice Partners
● Jeffery Patterson, CEO of the Cuyahoga Metropolitan Housing Authority

III. Reflections on working with researchers on a mobility evaluation:
● Sarah Oppenheimer, Opportunity Insights
● Andrew Lofton, Seattle Housing Authority

Registration for the free webinar can be found here.

Final AFFH Rule Released

Late last week, HUD published on its website a final rule titled “Preserving Community and Neighborhood Choice.” This rule implements the Fair Housing Act’s duty to affirmatively further fair housing (AFFH). Although the rule has not yet been published in the Federal Register, it will go into effect 30 days after its official publication.

Continue reading

CARES Act Eviction Moratorium Ends This Week, Eviction Prevention Resources

Section 4024 of the CARES Act stopped non-payment of rent evictions (and stopped imposing fees and penalties for non-payment of rent) for 120 days beginning on March 27 for many tenants receiving Federal rental assistance including the Public Housing, Housing Choice Voucher, and Project-Based Voucher programs. The 120-day eviction moratorium expires this Saturday, July 25, meaning Public Housing Authorities (PHAs) and landlords may begin issuing 30-day notices to vacate for non-payment of rent after July 25, 2020.

The U.S. Department of Housing and Urban Development (HUD) has encouraged tenants, landlords, and PHAs to work together to minimize the impact of the CARES Act eviction moratorium ending. 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, including potential repayment agreements. PHAs should also consider implementing retroactive recertifications and informing their tenants of their availability.

Below are links to HUD and NAHRO eviction moratorium and eviction prevention resources:

NAHRO continues to provide the latest housing related COVID-19 information at www.nahro.org/coronavirus.

HUD PIH Provides Updates on FAQs and Eviction Prevention and Stability Toolkit

On Thursday, July 9th, HUD’s Office of Public and Indian Housing (PIH) hosted a conference call providing updates on several items, including PIH Notice 2020-13 (which extends most of the COVID-19 related waivers to December 31st and adds certain new waivers); frequently discussed topics; an eviction and stability toolkit; and new developments in the Housing Choice Voucher (HCV) program.  

Department officials provided updates on the new waiver notice during the first part of the call. Each PHA continues to have discretion to choose which waivers to adopt and use, and must notify the public, if it chooses to use any waiver or alternative requirement. The notice adds six new waivers: 

  • HCV-11: Youth using Family Unification Vouchers may continue to receive housing assistance six months past the 36-month limit.  
  • HCV-12: PHAs may accept referrals from child welfare agencies for youths leaving foster care within 120 days.  
  • HCV-13: For families experiencing hardship in the last year of their homeownership term, PHAs may extend homeownership assistance for up to one year.  
  • HCV-14: Units under a Project Based Voucher (PBV) contract with zero housing assistance payments may remain on contract after 180 days. Public Housing Agencies may resume Housing Assistance Payments (HAP) should the family’s income change to require a HAP payment. This flexibility is available until the end of 2020. 
  • PH-11: Designated Housing Plans may be extended through the end of 2020 if they are set to expire beforehand, but PHAs will need to submit a renewal request 60 days prior to December 31st, 2020.  
  • PH-12: PHAs may waive the requirement to inspect each project during CY 2020, but must complete inspections during CY 2021. PHAs must also keep units in good working order and complete exterior inspections. If a PHA chooses not to use this waiver, HUD encourages use of Remote Video Inspections (RVI) instead. 

The notice also makes some additional changes. For Housing Quality Standards (HQS) waivers, where the PHA has accepted an owner’s certification, an inspection must be conducted within 1 year of the owner certification. For PHA’s that employ biennial inspections, the PHA will be required to perform an inspection as soon as reasonably possible, but not later than 1 year from the date when the biennial inspection would have occurred. The period to informally adopt changes to a PHA’s administrative plan or a PHA’s Admission and Continued Occupancy Plan (ACOP) ends on September 31. The PHA must formally adopt the changes by December 31. 

The HUD officials then provided updates about frequent topics of interest. These topics included the effective date of interim recertifications;  calculating income for hazard pay and other unemployment insurance related topics; planning for the end of the eviction moratorium; privacy concerns; eligible uses of funding; a reminder that Violence Against Women Act guidance remains in effect; and Remote Video Inspections. 

The Department officials then reminded call participants that HUD has posted an Eviction Prevention and Stability Toolkit on its website, which includes resources for PHAs, landlords and tenants on rent repayment agreements and avoiding eviction-related expenses. 

Additionally, presenters discussed a series of recommendations that PHAs could take avoid evictions at the end of the eviction moratorium. The presenters also used Columbus Metropolitan Housing Authority to illustrate some of these best practices. These recommendations include the following: 

  1. enter into repayment agreements with residents, update repayment agreement policies, and encourage Housing Choice Voucher (HCV) landlords to enter into repayment agreements;
  2. revise policies to allow for retroactive interim reexaminations;
  3. review hardship exemption policies and consider setting minimum rent to zero;
  4. communicate with households with unpaid rent; and 
  5. position residents for future stability by maximizing Family Self-Sufficiency (FSS) and Jobs Plus benefits with other steps.

Finally, HUD presenters gave an update on the HCV program. The presenters noted that supplemental HAP funding would be provided via a notice to be released in late-July. They also stated that a second round of administrative fees would be disbursed in late-July or August. They noted that the new mobility demonstration would likely be published in the next few weeks and that HUD was going to start allowing PHAs that have Family Unification Programs (FUP) to participate in the Foster Youth the Independence initiative. The next round of FUP funding is anticipated to be announced later this summer. Finally, HUD staff announced the next round of HUD-VASH vouchers and answered some questions. 

Additional COVID-19 resources can be found at www.nahro.org/coronavirus.