Section 8

Voluntarily Returning EHV Awards

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On March 5th, HUD released a notice describing how PHAs could voluntarily relinquish their Emergency Housing Vouchers (EHVs) back to HUD and the procedure by which HUD would reallocate those vouchers to other housing agencies. The notice is titled “Emergency Housing Vouchers – Reallocation of Awards” [Notice PIH 2022-06 (HA)].

Returning EHVs

The process to voluntarily return an EHV award may involve multiple steps. First, PHAs that wish to return their EHVs should inform HUD (email ehv@hud.gov). The PHA will then work with a financial analyst in the Financial Management Center (FMC) to identify all funds associated with EHVs which must also be returned to HUD. Emergency Housing Voucher Housing Assistance Payments (HAP), services fees, and administrative fees are restricted to EHV program activities. If the housing agency improperly used any EHV-associated funding, it must be repaid. Housing agencies will also be required to cooperate with the FMC and other HUD staff in determining which funds should be returned.

Reallocation of Voluntarily Returned EHV Awards

HUD’s reallocation formula is based off of the initial allocation formula in Notice PIH 2021-15. The reallocation formula also considers EHV utilization. The reallocation formula will look for high-capacity PHAs (i.e., those PHAs with a with a high homeless need or those PHAs with a high estimate of at-risk homelessness, while ensuring geographic diversity and adjusting for PHAs below the minimum threshold to receive a voucher) that have a history of high EHV utilization (95% or higher). Housing agencies that are selected by this method will be notified by HUD and given the opportunity to accept or decline the additional EHVs.

Fees Accompanying EHVs

Housing agencies that accept additional EHVs will be eligible for additional funds.

  • Issuance Reporting Fees – PHAs will receive $100 for each new EHV that is leased if the PHA reported the issuance within 14 days of issuance.
  • Ongoing Administrative Fee – PHAs will receive the full Column A administrative fee amount (per Notice PIH 2021-15, page 10).
  • Service Fee – PHAs will receive $3,500 for each additional EHV they accept. The scope of allowable activities is determined by Notice PIH 2021-15.

Later this year, HUD will issue another notice that describes the process for revoking and reallocating EHVs for PHAs that do not utilize a high percentage of them. Although this notice will be published later in 2022, at this time, NAHRO does not anticipate HUD will involuntarily reallocate EHVs until 2023.

The full notice can be found here.

HUD Publishes CARES Act Waiver Reporting Tool Dashboard

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HUD has published their CARES Act Waiver Reporting Tool (CAWRT; pronounced “cart”) dashboard. In response to the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This act gave HUD the authority to offer PHAs the option to waive certain statutory and regulatory requirements. In late 2021, HUD requested that all PHAs fill out a survey on which, if any, waivers they used. The Department took that information and created a publicly accessible dashboard on which PHAs used waivers and which waivers they used.

The CAWRT dashboard can be found here.

HUD Publishes Notice Officially Extending Deadline to April 1st for Submitting Expedited Waiver Requests

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As previously reported by NAHRO, HUD has now officially extended the deadline to April 1st for submitting a request for an expedited waiver. The new notice, Notice PIH 2022-04, states the following:

“This notice amends PIH-2021-34 solely by extending the submission deadline in Section 5 of the notice from March 1, 2022 to April 1, 2022. No additional submission extensions will be issued.”

From NAHRO’s discussions with HUD staff, NAHRO was able to learn that even after the deadline, PHAs will be able to apply for these waivers, but post-deadline requests will not go through the expedited waiver process. In addition, the simplified payment standard waiver process in the expedited waiver notice will remain in place after the deadline. Additional details on that process remaining in place will be explained in a future notice.

The full notice extending the deadline to April 1st can be found here.

HUD to Update VMS

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On Feb. 28th, HUD sent an email to PHA Executive Directors informing them that the Voucher Management System (VMS) will be revised on March 25th (though the updates should be visible to end users on April 4th). The envisioned changes include revising “existing fields, add[ing] new fields, and delet[ing] fields that are not necessary.” Some of the fields will not be used immediately, but will gain functionality in the future as the appropriate funding has been awarded.

The Department has updated the VMS Quick Reference Guide to reflect these changes. It can be found here.

Charts of the revisions, additions, and deletions of VMS fields can be found below.

Continue reading →

New Guidance on “Designated Housing” and “Accessible Designation” Unit Categories in IMS/PIC

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On Feb. 18, HUD issued a notice titled “Guidance on Unit Designation Categories and Accessible Designation Categories in IMS/PIC” (Notice PIH-2022-03 (HA)). This notice instructs PHAs to properly classify their units in IMS/PIC. In particular, units that may have been set aside as “Designated Housing,” for elderly families, disabled families, or units for both elderly and disabled families after approved by HUD through a Designated Housing Plan (DHP), should be properly classified. Additionally, units that are classified with an “Accessible Designation,” for people with a mobility or sensory impairment or to contain some accessible features, should also be properly classified. PHAs should review their portfolios and make changes within 30 days of the publication of this notice.

Designated Housing

The Sept. 2010 IMS/PIC system release implemented three significant changes to the unit designation categories. First, units titled “Family Unit, Elderly Unit, Family and Disabled, and Elderly and Disabled” were placed in the “General Occupancy” category. Second, “Mixed Elderly and Disabled Not HUD Officially Designated” was created as a new unit designation category. Third, “Merged Units” were reported in the unit designation detail.

Housing agencies must review their portfolios and make changes within 30 days of the publication of the notice. Any issues or corrections must be worked out by March 31, 2022. The Department will publish data highlighting discrepancies between counts of designated units in IMS/PIC and those approved in Designated Housing Plans. That information will be available here.

Accessible Designation

The Sept. 2010 IMS/PIC system release implemented the accessible designation categories. Housing agencies must ensure that units are properly categorized according to the definitions in the notice. The notice provides definitions for the following units: mobility impairment; hearing/visual impairment; partially accessible; and not accessible.

Housing agencies must review their portfolios and make changes within 30 days of the publication of the notice. Any issues or corrections must be worked out by March 31, 2022. Additionally, accessible designations require the PHA to obtain HUD user approval to a change in IMS/PIC. Finally, PHAs must continue to maintain the accuracy of accessible designation categories moving forward.

The notice provides instructions for making the necessary changes to both “Designated Housing” units and units with an “Accessible Designation” in IMS/PIC.

The full notice can be found here.

PHA Voter Registration Activities

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On Feb. 9, HUD sent an email to PHA Executive Directors informing them what role a PHA may play in ensuring public housing residents have access to the electoral process and certain voter registration activities. PHAs should note that many electoral rules are set by the state and should ensure that they are complying with all applicable state and local laws.

Permissible PHA activities included the following:

  1. “Providing documentation of residence (e.g., address verification, leases, etc.) to public housing residents when requested to ensure residents are able to register to vote and vote. Your PHA and PHA residents can visit Vote.gov to determine what documentation of residence will be most helpful to persons trying to register to vote in your state.
  2. Applying to States to operate as a voter registration agency under the National Voter Registration Act. States are allowed to designate state, federal and non-governmental offices as voter registration agencies.
    • If your PHA would like to be considered to be a voter registration agency, you can reach out to state election officials for more information about the rules and laws for your state. HUD does not make determinations about what offices can be designated as voter registration agencies – only your state election officials can make that determination.
    • For more information on what it means to be a voter registration agency, see this FAQ by the Department of Justice: https://www.justice.gov/crt/national-voter-registration-act-1993-nvra
  3. Making voter registration resources available to residents. If you are not designated by the state as a voter registration agency, you can still facilitate residents’ access to voter registration. Such permissible actions include:
    • Making voter registration forms available to residents.
    • If the laws of your state allow, accepting completed voter registration application forms and transmitting these forms to the appropriate State election official.
    • If the voter registration laws of your state allow, running a PHA-initiated voter registration drive. However, you would need to consult with your counsel and your state election director to identify the rules and laws around voter registration drives for your state.
  4. Permitting the use of PHA community space on an incidental basis to hold meetings, candidate forums, or voter registration, provided that all parties and organizations have access to the facility on an equal basis and are assessed equal rent or use charges.
  5. Collaborating with local election administrators to permit the use of PHA space for voter drop boxes and voting sites, including for early voting.” [Citations removed.]

To meet the costs of the above activities, PHAs may use public housing operating subsidies or administrative fees from the voucher program.

PHAs must not fund partisan political facilities or activities. Additionally, PHAs should not suggest that benefits are tied to voting activity, nor should they give the appearance that voting and voter registration are not voluntary activities. Additionally, PHAs should follow all applicable civil rights laws, including those that ensure voting processes are accessible for individuals with disabilities.

Additional information may be found at https://vote.gov. Additional questions may be sent to PHAVoterRegistration@hud.gov.

Carbon Monoxide Alarms or Detectors Required in HUD Housing

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On Jan. 31, HUD published a notice titled “Carbon Monoxide Alarms or Detectors in U.S. Housing and Urban Development (HUD)-Assisted Housing.” The notice discusses the risks of carbon monoxide (CO), provides resources for detecting CO and preventing exposure, and requires that CO alarms or detectors be installed in certain HUD-assisted housing. The notice states that housing in the following programs should comply with the International Fire Code (IFC) 2018 standards on the installation of CO alarms or detectors by Dec. 27, 2022:

  • Public Housing (PH);
  • Housing Choice Voucher (HCV) program;
  • Project-based Voucher (PBV) program;
  • Project-based Rental Assistance (PBRA);
  • Section 202 Supportive Housing for the Elderly (Section 202);
  • Section 811 Supportive Housing for Persons with Disabilities (Section 811).

Carbon monoxide is a “an odorless, colorless, and toxic gas.” It can be caused by the “fuel burned in vehicles, small engines, stoves, lanterns, grills, fireplaces, gas ranges, or furnaces.” It can poison people and animals when it builds up indoors. While the effects of CO exposure can vary, it can cause adverse health impacts such as “permanent brain damage, life-threatening cardiac complications, fetal death or miscarriage, and death in a matter of minutes.”

The International Code Council (ICC) publishes the International Fire Code (IFC). HUD encourages PHAs and owners to adopt standards at or above the standards of the 2018 International Fire Code. These requirements will be enforced by HUD after Dec. 27, 2022. HUD encourages PHAs and owners to adopt the standards as soon as possible.

PHAs with PH may use either Operating Funds or Capital funds for CO alarms or detectors. There are also Capital Fund competitions for additional funds. For the HCV and PBV programs, the owner is responsible for the CO alarms or detectors, but PHAs may use their administrative fees for landlord  outreach and education on CO requirements. Owners of PBRA, Section 202, and Section 811 properties may use the property’s reserve for replacement account, residual receipts, general operating reserves, owner contributions, or secondary financing to fund CO alarms and detectors.

The notice helps PHAs and owners prevent the intrusion of CO. The notice provides examples of activities the prevent CO intrusion. It also provides a list of sources of CO that can be found in a housing environment. Finally, it gives examples of activities residents should avoid to prevent unintentional CO poisoning. HUD intends to provide additional guidance to be used to educate tenants.

Finally, the notice provides a list of additional resources including resources from other relevant federal agencies.

The full notice can be found here.

New HUD Waiver Notice for Disaster Areas

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On Jan. 5, HUD published a notice in the Federal Register titled “Regulatory and Administrative Requirement Waivers and Flexibilities Available to HUD Public Housing and Section 8 During CY 2022 and CY 2023 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters.” The notice provides an expedited process for PHAs to apply for certain waivers and flexibilities when faced with a Presidentially Declared Disaster (PDD) for the calendar years (CYs) 2022 and 2023. The notice is effective from Jan. 1, 2022 to Dec. 31, 2023.

This notice lists the waivers and flexibilities that are available to PHAs, notes that it will consider certain exceptions, and provides instructions on how to submit waiver, flexibility, and exception requests. The following flexibilities and waivers may be requested (please note that the list below is summarized—see the full notice to read the complete descriptions of the waivers):

  • Operating Subsidy Flexibility in Approved Vacancies – a PHA is eligible to receive funding for vacant public housing units that are vacant because of a declared disaster, subject to HUD approval. Eligible units will be considered approved for 12 months.
  • Uniform Financial Reporting Standards; Filing of Financial Reports; Reporting Compliance Dates – HUD may approve delays to certain financial reporting requirements.
  • Public Housing Assessment System – HUD may consider waiving the physical inspection and scoring of public housing projects.
  • Cost and Other Limitations; Maximum Project Cost; TDC Limit – HUD may waive total development costs (TDC) and housing cost cap limits for all work funded through the Capital Fund until the next issuance of TDC limits.
  • Cost and Other Limitations; Types of Labor – HUD may allow PHAs that are not high-performing to use force account labor for modernization-only activities even with not included in the PHA’s 5-year action plan. This waiver will not exceed a period of 12 months.
  • Capital Fund Formula; Replacement Housing Factor to Reflect Formula Need for Projects With Demolition or Disposition Occurring on or After October 1, 1998 and Prior to September 30, 2013 – HUD may allow unexpended Capital Fund Replacement Housing Factor Grants to be used for public housing modernization. This waiver will not exceed a period of 12 months.
  • Tenant Selection Policies and Administrative Plan – HUD may waive requirements that a PHA’s Board of Commissioners approves revisions to tenant selection policies and a PHA’s administrative plan if the revisions are temporary, do not exceed a period of 12 months, are not significant amendments, and comply with the PHA’s plan or state law.
  • Waiting List; Opening and Closing; Public Notice – HUD may waive the requirement that it must provide public notice when opening and closing its waiting list by posting in a local newspaper of general circulation. It would replace that requirement by an alternative one requiring the PHA to post notice to its website. The waiver will not exceed a period of 12 months.
  • HUD Approval of Exception Payment Standard Amount – HUD may approve an exception payment standard that is higher than 110% of the Fair Market Rent.
  • Housing Quality Standards; Space and Security – HUD may waive the requirement that units have at least 1 bedroom for every 2 people to house families displaced by natural disasters. The waiver will be in effect for the initial lease term.
  • Occupancy of Home – HUD may allow families participating in the homeownership program to continue receiving housing assistance payments even if displaced from their homes.
  • Contract of Participation; Contract Extension – HUD may consider authorizing a PHA to extend a family’s contract of participation in a Family Self Sufficiency program for up to 3 years. Any waiver will be in effect for a request made to the PHA during a period of up to 12 months.
  • Section 8 Management Assessment Program (SEMAP) – HUD may consider a request to carry forward a PHA’s last SEMAP score.
  • Verification of the Social Security – HUD may consider a request to transmit form HUD-50058 within 90 days, instead of the usual 30 days, of the receipt of the applicant’s social security documentation.
  • Specific Criteria for HUD Approval of Demolition Requests – for certain Section 18 demolition requests, HUD will accept certain environmental reviews.
  • Approval of Demolition – HUD may waive the requirement for a list of specific and detailed work items for certain Section 18 demolition requests.

A PHA may also request an exception to a requirement that is not listed. HUD will consider these requests subject to statutory and regulatory limitations.

To request waivers, if in a Presidentially Declared Disaster area, a PHA should complete Appendix A of the notice and email the completed appendix with supporting documentation to PIH_Disaster_Relief@hud.gov.

The full notice can be accessed here.

New “Landlord-Focused Customer Service” Chapter for HCV Landlord Strategy Guidebook

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A new chapter for the Housing Choice Voucher (HCV) Landlord Strategy Guidebook has been published. The new chapter–titled “Landlord-Focused Customer Service“–discusses landlord service responsiveness, creating a landlord single point of contact, and creating a call center. The guidebook as a whole is meant to raise PHA awareness of strategies that they can employ to improve landlord participation in the HCV program.

The “Landlord-Focused Customer Service” chapter can be found here.

The HCV Landlords Strategy Guidebook can be found here.

HCV Utilization Webinar

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HUD will host a webinar on Jan. 12, 2022 at 1:30 pm ET titled “HCV Utilization Webinar – Payment Standard Waiver and Two-Year Tool Overview.” The webinar will discuss best practices to maximize voucher utilization. The webinar will also discuss the new Fair Market Rent (FMR) waiver that will allow many PHAs to increase their payment standard to 120% of the FMR. (See NAHRO’s discussion of PIH 2021-34.) Finally, the webinar will discuss the Two-Year Tool and provide examples of how the tool can help program administrators manage their programs.

Registration for the webinar can be found here.