On August 3, 2021, Dr. Rochelle Walensky, Director of the Centers for Disease Control and Prevention (CDC), signed an order halting evictions between August 3, 2021 and October 3, 2021 in areas rapidly increasing COVID cases. The order is very similar to the previous CDC eviction moratorium that was in place from September 4, 2020 through July 31, 2021 as definitions of “covered persons” and “eviction” remain the same. Additionally tenants that have already signed a Declaration Form do not need to sign a new one and new declaration must be accepted in applicable areas.
The major change is where the August 3rd eviction moratorium applies, “This Order applies in U.S. counties experiencing substantial and high levels of community transmission levels of SARS-CoV-2 [COVID] as defined by the CDC, as of August 3, 2021.” During comments at the White House today, President Biden said that the new CDC eviction moratorium would cover about 90% of renters. On CDC COVID Data Tracker, the community transmission rate for individual counties can be found. The new eviction order allows for the applicable counties to change. The order will apply to counties that enter substantial or high community transmission levels after August 3, 2021, on the date the county enters substantial or high level. Counties that are no longer experiencing high or substantial levels of community transmission for 14 consecutive days will no longer have the order apply to them unless they again experience substantial or high levels of community transmissions while the order is in effect.
NAHRO supports the CDC putting in place a modified eviction moratorium until October 3 which will allow for continued and additional emergency rental assistance program (ERAP) funds to reach eligible tenants and landlords. NAHRO encourages the Administration, Congress, ERAP grantees, landlords, and tenants to work together to simplify and streamline the distribution of ERAP funds to eligible tenants and landlords so the eviction moratorium is not needed after October 3, 2021. NAHRO also encourages the Treasury Department and ERAP grantees to engage HUD and the thousands of local Public Housing Authorities to maximize the outreach and communication to eligible landlords and tenants.
Despite efforts from House Democratic leaders to extend the federal eviction moratorium, which expires Saturday, July 31, no vote was issued to extend the order as of Friday afternoon. Earlier this week, House Speaker Nancy Pelosi (D-Calif.) publicly advocated for the Biden administration to act unilaterally to protect renters at risk of eviction due to the ongoing coronavirus pandemic.
About 11 months ago, the Centers for Disease Control and Prevention (CDC) enacted the federal eviction moratorium to prevent the spread of the deadly virus among families and individuals that could be at high risk if made homeless through eviction. The public health measure has been extended on several instances, with the last extension made in June. The moratorium offered uniform protections to renters across the nation.
With the COVID-19 delta variant surging across the nation, now is not the time to put vulnerable families at risk by ending the eviction moratorium. NAHRO calls on Congress and the Administration to extend the moratorium through at least the end of September 2021.
Whether or not the eviction moratorium expires, NAHRO’s housing agency members remain committed to using every available resource to keep as many people in their homes as possible. Nationwide, NAHRO members continue to work with their residents and with local and national partners to provide support and aid – especially to those who have been most impacted by the pandemic. We are continually looking for new and better ways to help.
The Emergency Rental Assistance Program is a vital and cost-effective tool to help people stay in their homes. As Treasury, HUD, and state and local entities work to distribute these much-needed funds as quickly as possible, we also look forward to the passage of a robust FY 2022 HUD budget and additional housing resources that will further help to provide the safety and stability of a home to all who need it.NAHRO Interim CEO Mike Gerber statement on extending the eviction moratorium and quickly distributing Emergency Rental Assistance Program funds.
As more information is released on the status of the eviction moratorium, NAHRO will continue to provide updates.
Secretary Fudge and HUD Senior Advisors led a briefing on Monday June 21st to update housing advocates on details of the American Jobs Plan (AJP), and urge continued support across advocacy networks. In the briefing, she called the AJP a “once in a lifetime opportunity” to address decades of disinvestment in moderate and low-income housing, and its $40 billion Capital Fund investment “the biggest down payment we will make,” while simultaneously acknowledging that the $40 billion did not go far enough. The HUD team emphasized the importance of redeveloping and preserving public housing units to the administration’s dual goals of racial equity and reducing the environmental footprint of public housing.
HUD Senior Advisor Peggy Bailey also gave a more detailed breakdown of the proposed $40 billion for the Capital Fund:
$27 billion: Major Rehabilitation, Modernization, and Redevelopment
- Leveraging capital through Capital Fund, mixed finance, and RAD
- Build new units up to Faircloth
- Includes RAD rent boost ($1 billion), tenant-protection vouchers ($500 million), expanding the scale of Choice Neighborhoods ($2 billion)
$13 billion: Immediate Health/Safety Needs and Environmental Impact of Public Housing
- $6 billion to Public Housing Authorities with public housing for immediate needs and renovations – capital grants by formula
- $7 billion for health, safety, and climate needs – competitive grants
On June 17, 2021, NAHRO along with its industry partners—CLPHA, PHADA, and the MTW Collaborative—jointly issued a statement on universal housing vouchers. Only one in five low-income households that are eligible to receive housing assistance can be served by existing programs due to limited funding. The statement discusses the need for additional rental assistance to address housing instability and prevent homelessness. The statement also discusses the strengths of the voucher program in providing scalable assistance that is proven and effective.
The full statement is can be view here.
The U.S. Department of Treasury (Treasury) has released new and updated frequently asked questions (FAQs) on the Emergency Rental Assistance Program (ERAP) that was created by the December 27, 2020 omnibus appropriations act. These new February 22, 2021 dated FAQs replace in their entirety the previously issued January 19, 2021 FAQs.
NAHRO commends Treasury for the new FAQs, as they provide much-needed clear and reasonable guidance on the ERAP. NAHRO has been in contact with Treasury on numerous occasions to ensure that PHAs and their residents are served by the ERAP. On January 25, 2021, NAHRO sent a letter to the Treasury and U.S. Department of Housing and Urban Development outlining our concerns with the January 19, 2021 FAQs, and the new FAQs address many of NAHRO’s concerns. These new FAQs are a major step forward for PHAs in meeting their COVID-19 housing needs of HUD-assisted residents.
Below are a number of the key guidance points provided by the February 22, 2021 FAQs:
- Federally assisted tenants (Public Housing, Housing Choice Voucher, & Project-Based Rental Assistance) are eligible for ERAP assistance for the tenant-owed portion of rent and utilities that are not subsidized.
- Tenants may document their financial hardship due to COVID-19 (unemployment benefits, reduction of income, significant costs, or other COVID-19 financial hardship) by written attestation signed by the tenant that one or more household members meet this eligibility criteria.
- Tenant household income is defined by using either HUD’s “annual income” definition in 24 CFR 5.609 or adjusted gross income reported on an Internal Revenue Service Form 1040 series.
- “Other expenses related to housing” examples are provided. The examples include but are not limited to:
- relocation expenses and rental fees (if a household has been temporarily or permanently displaced due to the COVID-19 outbreak);
- reasonable accrued late fees (if not included in rental or utility arrears and if incurred due to COVID-19); and
- Internet service provided to the rental unit.
- Outreach to landlords and utility providers must be done before providing the funds directly to the tenant. Outreach can be done using the following methods:
- a request for participation is sent in writing, by mail, to the landlord or utility provider, and the addressee does not respond to the request within 14 calendar days after mailing;
- the grantee has made at least three attempts by phone, text, or e-mail over a 10 calendar-day period to request the landlord or utility provider’s participation; or
- a landlord confirms in writing that the landlord does not wish to participate.
- PHAs, non-profit organizations, and local governments may operate ERAP programs through contractor, subrecipient, or intergovernmental cooperation agreements with the primary grantee at the state or local jurisdiction level. These agreements must meet monitoring and management requirements of 2 CFR 200.331-200.333 and procurement standards of 2 CFR 200.317-200.327.
These are just a few of the answers in the new FAQs. The full FAQs are available on the NAHRO website’s Emergency Rental Assistance Program page. The Emergency Rental Assistance Program, including these FAQs, will be a focus of the 2021 NAHRO Online Washington Conference’s Treasury Affordable Housing Program and Washington Report sessions on March 2, 2021. Click here to register for the 2021 NAHRO Online Washington Conference.
Earlier today, HUD published PIH 2021-07, titled “Demolition and/or disposition of public housing property, eligibility for tenant-protection vouchers, and associated requirements.” This notice updates PIH 2018-04, which was the prior demolition and disposition notice.
The new notice makes several non-substantive and substantive revisions to the prior notice. Non-substantive revisions include clarifying headings, adding spacing between paragraphs, re-numbering paragraphs, and correcting citations to regulatory provisions, which make for a clearer document. Substantive changes in this notice include the following:
- HUD’s Special Applications Center (SAC) no longer claims to return a SAC application that is substantially incomplete or deficient, while informing a PHA of its deficiencies (previously, SAC would “return” the application by changing the status of the application to DRAFT in the Inventory Management System/PIH Information Center [IMS/PIC]);
- The Department clarifies that PHAs must not just make resident consultation accessible, but rather that “PHAs must ensure that communications and materials are accessible to individuals with disabilities and take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP)”;
- Use of proceeds is no longer a material term of the SAC application, so if a PHA’s plan on the use of proceeds changes after HUD approval of an application, a PHA would no longer have to request an amendment to the application;
- Includes new RAD/Section 18 blends;
- RAD/Section 18 Construction Blend – the percentage of units eligible for disposition is based on hard construction costs for new construction or rehabilitation of the covered project. Transactions that use the 9 percent Low-Income Housing Tax Credit are not eligible.
- If hard construction costs equal 90 percent of the Housing Construction Costs (HCC) as published by HUD for a given market area, the PHA may dispose of up to 60 percent of the units of the converting project under Section 18;
- For high-cost areas (HCC exceeds 120 percent of the national average), a PHA may dispose of up to 80 percent of the units of the converting project under Section 18;
- If the hard construction costs equal or exceed 60 percent, but are less than 90 percent, of HCC, the a PHA may dispose of up to 40 percent of the units of the converting project under Section 18;
- If the hard construction costs equal or exceed 30 percent, but are less than 60 percent, of HCC the PHA may dispose of up to 20 percent of the units of the converting project under Section 18;
- RAD/Section 18 Small PHA Blend – for any PHA with 250 or fewer public housing units under its Annual Contributions Contract (ACC), up to 80 percent of the units in a converting project may be disposed of under Section 18;
- The Department clarifies that tenant-protection voucher (TPV) requests first go to the field office for a threshold review before being sent to HUD’s Financial Management Division (FMD), while HUD’s Financial Management Center (FMC) notifies PHAs of the final TPV awards.
The full notice can be found here.
On October 23, HUD published a notice titled “Implementation of Section 209(b) of the Economic Growth, Regulatory Relief, and Consumer Protection Act (Economic Growth Act)” (PIH 2020-30). This notice implements an energy savings program for small, rural PHAs that was created by the Economic Growth, Regulatory Relief, and Consumer Protection Act (Economic Growth Act). The National Association of Housing and Redevelopment Officials submitted comments on implementing section 209(b). Our comments stated that this program should be distinct from Energy Performance Contracting, that the program should be easy to apply to and to administer, and that PHAs should have flexibility in how they use the savings. We are pleased that HUD closely followed many of NAHRO’s suggestions. The program—called the Small Rural Frozen Rolling Base (SR-FRB)–would allow eligible PHAs to freeze the cost of their energy consumption levels, improve their energy efficiency, and use any cost savings for any eligible public housing purpose at the PHA’s discretion. This program differs from Energy Performance Contracting (EPC) in that it is much easier to apply to and administer.
NAHRO from time-to-time shares information and webinars from affordable housing partners. Today we are sharing an upcoming webinar from the Thirdhand Smoke Resource Center.
What Every Property Manager Needs to Know
Thursday, October 15, 2020, 2:00-3:00 pm PST
The webinar is free to participants.
Many property managers are all too familiar with complaints about secondhand smoke and the smell and discoloration left behind in the units of smokers. But did you know that this smell and discoloration is the result of the toxic residue left behind by tobacco smoke and it has negative health effects? Also known as thirdhand smoke, this toxic residue sticks to carpets, doors, furniture, walls, and other surfaces and materials and can remain for years after secondhand smoke has disappeared. How much do you know about thirdhand smoke? How prepared are you to prevent toxic thirdhand smoke? How prepared are you to deal with thirdhand smoke that has built up in an apartment?
This webinar will explain why it is so difficult to remove thirdhand smoke once it has become established and will focus on successful strategies to prevent thirdhand smoke in multiunit housing, with plenty of time for discussion with our panelists!
Webinar topics include:
- Thirdhand smoke: origins, constituents, routes of exposure, remediation
- Regulatory approaches to prevention of thirdhand smoke in multiunit housing
- Policy approaches to prevention of thirdhand smoke in multiunit housing
- Strategies for overcoming resistance: Successes, challenges, and resource
Thank you for sharing this invitation with property managers and owners!
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!