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.
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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 Webinar – ReOpen: Eviction Prevention
- HUD Eviction Prevention and Stability Toolkit
- HUD COVID-19 Frequently Asked Questions (Revision 5)
- NAHRO / NHLP Information For Public Housing and Voucher Tenants on the Eviction Moratorium Flyer
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:
- enter into repayment agreements with residents, update repayment agreement policies, and encourage Housing Choice Voucher (HCV) landlords to enter into repayment agreements;
- revise policies to allow for retroactive interim reexaminations;
- review hardship exemption policies and consider setting minimum rent to zero;
- communicate with households with unpaid rent; and
- 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.
NAHRO’s New Housing Proposals Focus on the Future
The nation’s public housing agencies and community development agencies have been housing our nation’s families and creating vibrant, stable communities for decades. And they’re continuing to do this vital work of providing shelter, creating opportunity, and addressing inequities during a pandemic that’s straining both local and national resources.
But even as we continue to cope with the fallout of COVID-19, we must also work on solutions for both current and future housing needs. We need new housing construction, more resources for existing housing programs, and flexibilities that prioritize progress over paperwork. NAHRO’s What Happens Next: Housing Beyond the Pandemic provides funding and policy proposals that will:
- Increase housing supply and improve affordability
- Preserve existing affordable housing
- Stabilize families, and
- Prioritize progress over paperwork.
The paper is available here.
HUD PIH to Hold Conference Call on CARES Act Funding on July 9th at 4 pm ET
In an email sent earlier today, HUD’s Office of Public and Indian Housing (PIH) stated that they will be holding a conference call on July 9th, 2020 at 4 pm ET, which will provide updates on CARES Act funding, the second round of waivers, the eviction moratorium, HAP funding and new FAQs.
Please click here for a calendar invitation.
The Department invites PHAs to submit questions and topics for future calls to PIH@hud.gov. Call-in information is available below:
Step 1: Dial into the conference.
Dial-in: 1-877-369-5243 or 1-617-668-3633
Access Code: 0410949##
If the automated recording indicates the conference is full, please use overflow information:
Dial-in: 1-877-369-5243 or 1-617-668-3633
Access Code: 0120428#
Step 2: Join the conference on your computer.
Entry Link: https://ems8.intellor.com/login/829379
Additional information and resources on COVID-19 are available at www.nahro.org/coronavirus.
HUD Reports Worst Case Housing Needs Decreased in 2017
HUD has released the seventeenth edition of Worst Case Housing Needs: 2019 Report to Congress, which measures various demographic and economic trends among very low-income (VLI) renter households with “worst-case” housing needs, who do not receive government assistance and spend more than 50 percent of their income on rent, live in inadequate housing, or both. Very low-income renters earn less than half of the Area Median Income (AMI).
In 2017, 7.7 million households had wors- case needs, representing 6.3 percent of all U.S. households. This total has decreased 7 percent from 8.3 million in 2015, which the report attributes the decline to rising income and other economic factors lifting households out of poverty. However, the report notes that the affordable housing shortage has undermined those gains and worsened housing security for renters who remain low-income. The number of households with worst case needs also remains far above pre-recession levels and 30 percent higher than the 2007 estimate of 5.9 million households.
Other report highlights include:
- Nationally, 47.2 percent of VLI households had worst case needs in 2017. Ninety-five percent of worst-case households reporting having severe rent burdens only. Of the remaining 5 percent, half reported inadequate housing, and half reported both.
- The number of households with worst-case needs declined between 2015 and 2017 across all racial and ethnic groups. Nonwhite households accounted for 52.9 percent of all worst-case needs, but non-Hispanic white households have the largest share among ethnic groups with 47.1 percent.
- The number of VLI households with children decreased by 763,000 over the two years due to rising incomes. However, many more families would exhibit worst case needs without housing assistance.
- Worst case needs were more prevalent in the Southern and Western states and in suburban areas, where relatively fewer VLI households receive government assistance. Less than a third of VLI householders were able to avoid severe housing problems without government assistance.
The affordable housing shortage and strong demand from renters has intensified competition for available units, resulting in inefficient allocation: more than a third of units affordable to VLI households are instead occupied by higher-income households. While overall rental stock has grown slowly since 2015 and there is a surplus among higher-income renters, the number of affordable units declined four percent in that same period, outpacing the decline in worst case needs. In 2017, there were fewer than 60 affordable units available per 100 VLI renters, and only 35 units per 100 Extremely Low Income (ELI) renters, who make less than 30 percent of the AMI.
As the number of unassisted VLI households dropped, the proportion of such households with worst-case needs increased, suggesting intensifying need among those who remain unassisted driven mainly by the affordable housing shortage. Furthermore, income gains have been offset by rising rents, and even with government assistance many VLI households have difficulty finding adequate and affordable housing. HUD points to the need to increase access to affordable housing by reducing regulatory barriers to development and recruiting more landlords to participate in voucher programs.
Wednesday Webinar: Show Your Agency’s Excellence With Accreditation! Tomorrow at 2pm ET
Join us tomorrow, July 1, 2020 at 2pm eastern time for NAHRO’s Wednesday Webinar to get caught up on the latest assessment standards! Accreditation is a very effective way to demonstrate your agency’s excellence to the community and other stakeholders. Join special guests from the Affordable Housing Accreditation Board and accredited housing agencies as they discuss the benefits of AHAB accreditation and share stories about the accreditation process for their organizations. Also learn about the eight industry-adopted management standards and how accreditation can be used to enhance staff morale and public trust, and to reduce inefficiencies.
Our panelists include:
• Diana McWilliams, CEO, Affordable Housing Accreditation Board
• Coy Maienza, Director of Accreditation, Affordable Housing Accreditation Board
• Amy Wright, Director of Administration, Keene Housing, New Hampshire
• Duane Leonard, Executive Director, Housing Authority of Snohomish County, Washington
• Sarah Max, Executive Assistant & Accreditation Coordinator, Housing Authority of Snohomish County, Washington
• Maria Zissimos, Chief Counsel and Chief Operating Officer, Accreditation Coordinator, Chester Housing Authority, Pennsylvania
New Eviction Moratorium Resident Flyer Released by NHLP and NAHRO
The National Housing Law Project (NHLP) and the National Association of Housing and Redevelopment Officials (NAHRO) have collaborated to produce a resident flyer on the federal eviction moratorium. The flyer is designed for Public Housing and Housing Choice Voucher residents and simplifies the 120-day eviction moratorium that was included in the CARES Act when it passed in March by using a question and answer format along with descriptive case studies.
The eviction moratorium flyer is available here and on NAHRO’s COVID-19 Resource page at www.nahro.org/coronavirus.
Click to access NAHRO_NHLP_FinalTenantFlyer_2sided_6.12.2020.pdf
Congress Holds Hearings on Oversight and Rental Assistance
On June 9, the Senate Committee on Banking, Housing, and Urban Affairs held a committee hearing on the oversight of housing regulators. The two witnesses at the hearing were Secretary Ben Carson of the Department of Housing and Urban Development (HUD) and Director Mark Calabria of the Federal Housing Finance Agency (FHFA).
Secretary Carson shared that HUD is working to meet all statutory requirements related to the distribution of CARES Act funds. Of the $12.4 billion that HUD received from the CARES Act, $9.1 billion has already been allocated. The remaining CDBG funds will be allocated by October 1st and the remaining ESG fund allocations were announced on the same day as the hearing. Regarding rent payments, Secretary Carson urged HUD-assisted renters to recertify their incomes with their local PHAs if they need lower rent payments due to COVID-19.
A few Senators expressed their opinion that Americans need expanded rental assistance and unemployment benefits. Secretary Carson did not comment on any plans for future housing-related COVID-19 funding, other than to express that HUD will closely monitor the situation.
This hearing was followed by a June 10 hearing held by the House Subcommittee on Housing, Community Development, and Insurance which featured four witnesses speaking about the impact COVID-19 will have on evictions and rental assistance.
Cashuana Hill, the Executive Director of the Louisiana Fair Housing Action Center, spoke of the role systemic racism plays in housing segregation, as well as the pandemic’s disproportionate impact on black and Latino workers. She called for rental assistance programs to consider equity concerns and reduce housing discrimination.
Mike Kringsella, the Executive Director of Up for Growth, claimed that the COVID-19 pandemic has exacerbated a pre-existing housing shortage of roughly 7.3 million units, and urged Congress to provide additional renter assistance.
Ann Oliva, a Visiting Senior Fellow from the Center on Budget and Policy Priorities, linked housing availability to public health and spoke of the importance a stable housing situation can play in helping people protect themselves from COVID-19.
Jennty Schuetz, a Fellow from the Brookings Institute, noted that the federal government plays a smaller role in rental housing regulation than in the mortgage market – rental housing oversight is instead left to states, resulting in a patchwork of regulations. She added that an eviction moratorium is not a long-term solution, as owed rent builds up over time and small-scale landlords forgo revenue.
The Subcommittee’s questions centered around possible funding mechanisms to disburse rental assistance, how to best promote racial equity in the disaster response, and how to help small landlords navigate loss of income and maintenance demand during the pandemic.
NAHRO continues to advocate for affordable housing funding and effective, community-based policy solutions. Learn about NAHRO’s 2020 Legislative and Regulatory Agenda and more about NAHRO advocacy at www.nahro.org/advocacy.
HUD Posts new FAQ on PBVs and Repositioning
HUD’s Office of Housing Choice Vouchers has published a Frequently-Asked-Questions (FAQ) document about project-based vouchers (PBVs) and public housing repositioning. Topics covered in the document include the following (taken from the table of contents):
- Overview of Public Housing Repositioning Options;
- Project-basing TPVs: General;
- Project-basing TPVs: SAC Removal Tool Differences;
- TPVs and Voucher Management System Reporting;
- Project Basing: Existing Housing;
- Competitive and Noncompetitive Selection;
- Public Housing-Only Agencies;
- PBV HAP Contract;
- New Construction/Rehabilitation;
- PBVs and PHA Annual Plan;
- PBV General;
- PBVs and Section 18;
- PBVs and Section 22; and
- Traditional PBVs in RAD Covered Projects.
Additionally, the document cites the appropriate statutory, regulatory, or guidance (e.g., PIH Notices) authority in its answers.
The FAQ may be found here.
The NAHRO Blog: Legislative & Policy Updates from Washington, DC 