On November 10, HUD posted an  inventory of 2017 Operating Subsidy projects, which will be used to generate 2017 Operating Subsidy tools (forms 52723 and 52722). The inventory will be used to fund Public Housing projects at the beginning of the year, when HUD will fund PHAs based upon an estimate.

PHAs should review the 2017 Operating Subsidy inventory and contact their Field Offices if any projects need to be added or deleted by November 21, 2016. Projects not in the inventory will not receive funding.

On Tuesday, November 8 HUD published Notice: PIH-2016-16 (HA), Guidance on Reporting Public Housing Agency Executive Compensation Information for Calendar Year 2015. The Notice instructs PHA’s on how to submit to HUD calendar year 2015 compensation data collection. PHAs will be required to complete the HUD-52725 form online and submit it between November 14, 2016 and December 9, 2016.

HUD has announced an additional teleconference for the MTW Expansion Research Advisory Committee that will be held on Tuesday, December 13 from 1pm-4pm EST. The call will continue discussions from HUD’s last in-person meeting of the Research Advisory Committee and will discuss policy framework and research methodology for the third MTW Statutory Objective – increasing housing choice.

The public is invited to call-in to the meeting at 1-800-230-1074. Please be advised that the operator will ask callers to provide their names and their organizational affiliations (if any) prior to placing callers into the conference line. Members of the public that register in advance may  provide a comment at the end of the call.

NAHRO’s past coverage of the MTW Expansion Research Advisory Committee can be found here (members only).

On November 4, NAHRO staff attended a Central Office Cost Center (COCC) Listening Session at HUD Headquarters in Washington, DC. The listening session provided PHAs an opportunity to learn about HUD’s initial thoughts on how they plan to refederalize Section 8 and Section 9 dollars placed into COCCs and how HUD plans to determine fee reasonableness for fees paid by AMPs into the COCC. The session also allowed participants to provide feedback, discussion, and ask questions. HUD’s listening session does not constitute rulemaking, and HUD may continue changing their approach depending upon feedback received from the listening sessions.

HUD’s decision to refederalize COCC dollars stemmed from a 2014 OIG report that questioned the underpinning and validity of asset management in public housing. Among other things, the report recommended that HUD “refederalize” fee revenues from the Operating and Capital Funds that COCCs have earned since they began implementing asset management and eliminate the asset management fee. HUD is planning to implement a rule by December, 2017.

Important takeaways from the listening session included:

• HUD plans to continue to allow COCCs to charge existing fees, including the asset management fee, with some modifications.
• HUD’s actions will not impact Section 8 and 9 fees entered into the COCC before the implementation of a final rule.
• HUD plans to allow non-section 8 or 9 funds placed into a COCC to remain de-federalized. Section 8 and 9 fee income would remain federalized, with identified and specific expanded uses. Section 8 and 9 fees earned by COCC fee income would become fungible between Section 8 and 9 approved expenses and allowed to be used for other “expanded uses.”
• HUD may create two COCCs, one for Section 8 and 9 funding that would remain federalized, and one for non-Section 8 and 9 funding that would be de-federalized.

HUD is still trying to determine how to define “expanded use” for the Section 8 and 9 COCC. HUD does not want to limit PHAs’ ability to use COCC dollars as revenue for the development of other low-income projects. HUD is looking for feedback from PHAs to better understand what they use their COCC dollars for to help define “expanded use”. Please Email coccsessions@hud.gov to inform HUD of how your PHA uses your COCC dollars. This will ensure that their definition of “expanded uses” is as flexible as possible.

Principal Deputy Assistant Secretary Lourdes Castro Ramirez spoke to the session attendees noting that HUD’s Office of Public and Indian Housing (PIH) may reopen conversations with OIG and the Office of Management and Budget (OMB) on the matter.

On October 26, NAHRO submitted comments (members only) to HUD in response to its Lead-Free Paint Proposed Rule, published in the Federal Register on September 1. The proposed rule would amend HUD’s lead-based paint regulations on reducing blood lead levels in children under age 6 who reside in federally-owned or -assisted housing that was built pre-1978, and would formally adopt the revised definition of “elevated blood lead levels” (EBLLs) in children under the age of 6 in accordance to the guidance of the Centers for Disease Control (CDC). For all HUD programs covered in the proposed rule, HUD also proposes a new protocol for responding to a case of a child under 6 that has an EBLL. NAHRO’s comment letter consisted of seven main sections. NAHRO’s comments included HUD’s proposed implementation timeline, the use of CDC’s moving trigger reference value, HUD’s proposed lead-abatement schedule, the need for adequate funding to successfully comply with the proposed rule, as well concerns about how the proposed rule will impact mixed-finance units, UPCS-V, Section 8 landlords, and legal implications.

Comments for the proposed rule are due October, 31.