Section 8

NAHRO Analysis – HUD Eviction Moratorium FAQ for PHAs

~ Georgi Banna ~ Leave a comment

On April 22, 2020, HUD published an FAQ on implementing the eviction moratorium found in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Titled “Eviction Moratorium COVID-19 FAQs for Public Housing Agencies,” the document answers commonly asked questions about how PHAs should be implementing the eviction moratorium. The moratorium is in effect for a 120-day period beginning on March 27, 2020.

The eviction moratorium applies to all public housing residents, including those living in mixed-finance public housing properties owned by a third party, and all housing choice voucher (HCV) holders (including tenant- and project-based vouchers). The eviction moratorium also applies to the HCV and public housing homeownership programs, but only if the families have a federally backed mortgage. Owners of LIHTC units should check with their local State Housing Finance Agency to see if they apply.

The moratorium applies to all tenants regardless of whether their employment has been impacted by COVID-19 or not. However, any missed rent will accumulate and still be due to the PHA at the end of the 120-day moratorium. PHAs may still send late notices to residents, but these notices must not include any fees or charges for the nonpayment of rent or any notice to vacate. Residents cannot be required to vacate a unit for missed rent payments until at least 30 days after the end of the moratorium unless eviction proceedings for the resident began before March 27, 2020. If a PHA believes that a unit has been abandoned, the PHA must take additional steps to ensure that the unit is in fact abandoned (as opposed to the family quarantining elsewhere, being hospitalized, or anything else that may be preventing the family from returning to the unit) before an eviction or termination of assistance is taken against the household.

PHAs can still proceed with evictions and collect fees issued prior to the passing of the CARES Act on March 27, 2020, however, PHAs should review state and local laws as many are also enacting their own moratoriums on evictions and fees that may include different restrictions. Fees issued before March 27 may still be collected, however, PHAs cannot assess interest on fees charged in January and February of 2020. PHAs cannot collect any fees for nonpayment of rent between March 27 and July 24, 2020.

PHAs are still allowed to evict or terminate assistance for drug abuse or other criminal activities and for other lease violations. HUD encourages PHAs to delay initiation or completion of evictions for non-drug or non-crime related reasons until after state and local emergencies are over. If the PHA is evicting a tenant for drug abuse or criminal activity and the local courts are closed, PHAs can still proceed with standard notifications, hearings, and program terminations. However, the PHA must wait until the court of jurisdiction reopens before the final eviction can occur.

HUD’s FAQ can be found here.

HUD Publishes Eviction Moratorium Guidance for PHAs

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD published guidance on implementing the eviction moratorium found in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The guidance is titled “Eviction Moratorium COVID-19 FAQs for Public Housing Agencies” and is 5 page document answering commonly asked questions about how PHAs should be implementing the eviction moratorium. The guidance notes that the temporary eviction moratorium applies to the public housing program, the housing choice voucher program (including the project-based voucher program), and the moderate rehabilitation programs administered by HUD’s Office of Public and Indian Housing (PIH). The moratorium is in effect for a 120-day period beginning on March 27, 2020.

The guidance document can be found here.

HUD PIH to Host Conference Call on Recently Published COVID-19 Waivers

~ Tushar Gurjal ~ Leave a comment

The Department of Housing and Urban Development’s (HUD’s) Office of Public and Indian Housing (PIH) will host a conference call at 3:30 pm ET on Friday, April 17th, 2020, to provide an overview of their recent notice of COVID-19 waivers. The call will be limited to 2,500 participants. It will be recorded and shared.

Call in information can be found below.


Step 1: Dial into the conference.
Dial-in: 1-877-369-5243 or 1-617-668-3633
Access Code: 0551998##
If the automated recording indicates the conference is full, please use overflow information:
US Toll Free: 1-877-369-5243 or US Toll: 1-617-668-3633 Access Code: 0626917#
Step 2: Join the conference on your computer.
Entry Link: https://ems8.intellor.com/login/824736

An Outlook invitation can be found here.

The COVID-19 waiver notice can be found here.

NAHRO’s analysis can be found here.

NAHRO Analysis – HUD Issues COVID-19 Related Waivers for Public Housing and Housing Choice Voucher Programs

~ Georgi Banna ~ Leave a comment

On April 10, 2020, the U.S. Department of Housing and Urban Development (HUD) released a series of waivers and program updates, 44 in total, for the Public Housing and Housing Choice Voucher (HCV) programs. The waivers were issued by HUD’s Office of Public and Indian Housing (PIH) in Notice PIH 2020-05, COVID-19 Statutory and Regulatory Waivers for the Public Housing, Housing Choice Voucher, Indian Housing Block Grant and Indian Community Development Block Grant programs, Suspension of Public Housing Assessment System and Section Eight Management Assessment Program. The notice also includes 16 waivers related to Native American housing programs, specifically the Native American housing Assistance and Self-Determination Action of 1996 (NAHASDA) Indian Housing Block Grant (IHBG) and the Indian Community Development Block Grant programs. In order to provide relevant information to Public Housing Authorities, this Direct News will focus on the Public Housing and Housing Choice Voucher program waivers.

This notice only addresses program waivers and does not discuss the allocation or release of the supplemental funding that was appropriated as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act (Public law 116-136). The funding notices are anticipated to be release towards the end of April 2020 with the first round of funding being available to Public Housing Authorities (PHAs) at the beginning of May 2020.

The purpose of the statutory and regulatory waivers is for HUD to assist PHAs and Tribal housing providers in continuing to operate and provide critical housing services to their local communities. HUD provides a non-inclusive list of critical PHA functions which includes issuing vouchers so families can find housing, processing Requests for Tenancy Approvals (RFTAs) so families can be approved to move into a unit, processing requests for portability moves, ensuring occupancy of Public Housing units, processing minimum rent hardship exemptions, and completing reexaminations for participants who have experienced a decrease in income.

The notice is broken into a number of sections and this Direct News will follow the same layout by discussing the underlining waiver authority by program, the applicability of the waivers, and the duration the waivers will be available.

Continue reading →

HUD Publishes PIH COVID-19 Waivers

~ Tushar Gurjal ~ Leave a comment

Earlier today, HUD Public and Indian Housing (PIH) published a list of statutory and regulatory waivers to assist PHAs in dealing with the COVID-19 event. The notice is titled “COVID-19 Statutory and Regulatory Waivers for the Public Housing, Housing Choice Voucher, Indian Housing Block Grant and Indian Community Development Block Grant programs, Suspension of Public Housing Assessment System and Section Eight Management Assessment Program” (Notice PIH 2020-05).

The staff at NAHRO are in the process of reading through the notice and will post additional information in the near future.

The notice can be found here.

PHAs Make Coronavirus Requests of Congress

~ Georgi Banna ~ Leave a comment

In partnership with our sister groups CLPHA, PHADA and the Moving to Work (MTW) Collaborative, NAHRO has drafted and sent a letter to the House and the Senate thanking them for the nearly $3 billion in affordable housing assistance in the CARES Act, and asking for substantial resources and flexibilities, including:

  • An additional infusion of $8.5 billion for the Operating Fund and the Section 8 voucher program;
  • An increased supply of Tenant Protection Vouchers;
  • Additional rental assistance for families in need; and
  • A $70 billion investment in public housing infrastructure.

Almost 800 PHAs and organizations joined NAHRO, PHADA, CLPHA, and the MTW Collaborative in signing the letter. You and your partners can also send the letter to your members of Congress through NAHRO’s Advocacy Action Center.

NAHRO continues to provide the latest information on the NAHRO Coronavirus page.

HUD Updates Guidance for CY 2020 HAP Set-aside Applications

~ Tushar Gurjal ~ 3 Comments

The following email updating HAP set-aside application instructions was sent to PHA Executive Directors earlier today.

The deadline date for the following list of calendar year (CY) 2020 Housing Assistance Payments (HAP) Set-aside categories is being extended to no later than 5 p.m. Eastern Standard Time, Wednesday, July 15, 2020:

  • Category 2a: Unforeseen Circumstances
  • Category 2b: Portability
  • Category 3: Project-Based Voucher
  • Category 5: Lower-than-average Leasing
  • Category 6: Disaster


Please refer to PIH Notice 2020-04 for details on the information and documentation required for eligibility consideration under each applicable category of the CY 2020 HAP Set-aside prior to submitting requests.

Additionally, for health and safety reasons during the pandemic, HUD will not accept regular mail or faxes for these applications; therefore, PHAs are required to submit their applications electronically to the 2020Set-AsideApplications@hud.gov email address. Electronic signatures will be accepted on Appendix F and respective supporting documentation.

Finally, this extension does not impact the deadline dates communicated through PIH Notice 2020-04 for Category 1: Shortfall as it remains open throughout the year, or Category 4: HUD-VASH as the deadline for applications is October 1, 2020.

Should you have any questions about this message, please do not hesitate to contact your FMC Financial Analyst, or the FMD staff at 2020Set-AsideApplications@hud.gov.

Missed Our Virtual Convening? Recordings Now Available!

~ Georgi Banna ~ Leave a comment

Despite the challenges posed by COVID-19, NAHRO remains committed to connecting members and others with industry leaders and important perspectives. In lieu of our cancelled Washington Conference, we put together a complimentary virtual convening on March 30-31, and are now pleased to provide links to both events. 

Dr. Raphael Bostic, President of the Federal Reserve Bank of Atlanta, discussed the bank’s reaction to the COVID-19 crisis, presented on Inclusive Economic Development: Lessons and Challenges, and took questions from attendees. View this webinar here.  

Dr. Mark Calabria, Director of the Federal Housing Finance Agency, discussed FHFA’s reaction to the COVID-19 crisis, its mission, its role in the housing sector, and his thoughts on critical milestones ahead. View this webinar here. 

Thank you to Yardi for sponsoring both events!   

Watch out for more virtual events as NAHRO continues to provide its members with the news, analysis, and guidance they need. 

Social Security Recipients Do Not Need to File a Tax Return to Receive COVID-19 Relief Payments

~ Georgi Banna ~ Leave a comment

NAHRO has reviewed a press release from the U.S. Department of Treasury and the Internal Revenue Service (IRS) that announces Social Security beneficiaries will automatically receive their Economic Impact Payments. This announcement will allow many seniors and low-income individuals, that have not filed a tax return, to receive their Economic Impact Payment without requesting it. There was a previous concern that Social Security recipients, that did not file a tax return in 2018 or 2019, would have to file a special simple tax return to receive their Economic Impact Payment.

NAHRO is maintaining a coronavirus resource page at www.nahro.org/coronavirus. The Treasury Department and IRS press release is reprinted below and is available at home.treasury.gov/news/press-releases/sm967.

Social Security Recipients Will Automatically Receive Economic Impact Payments

April 1, 2020

WASHINGTON – The U.S. Department of the Treasury and the Internal Revenue Service today announced that Social Security beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an Economic Impact Payment. Instead, payments will be automatically deposited into their bank accounts.

“We want to ensure that our senior citizens, individuals with disabilities, and low-income Americans receive Economic Impact Payments quickly and without undue burden,” said Secretary Steven T. Mnuchin. “Social Security recipients who are not typically required to file a tax return need to take no action, and will receive their payment directly to their bank account.”

The IRS will use the information on the Form SSA-1099 and Form RRB-1099 to generate $1,200 Economic Impact Payments to Social Security recipients who did not file tax returns in 2018 or 2019. Recipients will receive these payments as a direct deposit or by paper check, just as they would normally receive their benefits.

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