HUD Issues 19 CPD Waivers to Help Disaster Recovery

In order to aid communities and accelerate disaster recovery for those impacted by Hurricanes Harvey, Irma and Maria, HUD has announced a package of 19 regulatory and administrative waivers for the following Community Planning and Development (CPD) programs:  The Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program, and Emergency Solutions Grant (ESG) Program.

According to HUD, this waiver package represents the largest collections of regulatory and administrative waivers ever issued by the Department at one time. State and local grantees located in major disaster declared areas can now access a waiver through a new simplified notification process. HUD’s flexibilities include: Continue reading

Deadline Today for HUD’s VAWA 2013 Emergency Transfer Plan Requirements

As NAHRO previously reported, HUD published a final rule last year that provides expanded housing protections for survivors of violence and fully codifies the provisions of the Violence Against Women Reauthorization Act (VAWA) of 2013 into HUD regulations. Most of the final rule’s requirements became effective on December 16, 2016, but covered housing provider are also required to comply with rule’s emergency transfer plan provisions (and be able to begin making transfers) no later than today – June 14, 2017.

Last month, NAHRO policy staff conducted a webinar that discusses compliance with HUD’s final rule and the requirements for completing an emergency transfer plan and providing emergency transfers. This recording is available for purchase online at NAHRO’s Digital Store.

HUD Publishes FY 2017 CPD Formula Allocations

Today, HUD released the FY 2017 allocations for the Department’s Office of Community Planning and Development (CPD) formula grant programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) program, Housing Opportunities for Persons with AIDS (HOPWA) , Emergency Solutions Grants (ESG), and Housing Trust Fund (HTF).

For FY 2017, states and local communities across the nation will receive approximately $3.0 billion in CDBG, $958 million in HOME, $320 million in HOPWA, $270 million in ESG, and $219 million in HTF funding. These amounts reflect approved grant reductions and reallocated funds for the CDBG and HOME programs.

The CPD allocations can be found online here.

HUD Publishes Coordinated Entry Requirements for Homeless Assistance Programs

Yesterday, HUD published long-awaited guidance (Notice CPD-17-01) establishing the additional requirements for the development and implementation of a “centralized or coordinated assessment system” (i.e., “coordinated entry” or “coordinated entry process”) for recipients and subrecipients of the Continuum of Care (CoC) and Emergency Solutions Grants (ESG) programs.

The coordinated entry processes are intended to help communities prioritize people who are most in need of homeless assistance and help grantees and stakeholders strategically allocate their resources by providing information about local service needs and gaps. Each CoC must establish or update its coordinated entry process in accordance with the 2012 CoC interim final rule and this notice by January 23, 2018.

Once the coordinated entry process is established, updated and/or operationalized by CoC program recipients and subrecipients, HUD will expect the coordinated entry process to be used for all ESG programs and projects within the CoC’s geographic area. However, HUD does not require victim service providers under ESG to use the CoC’s coordinated entry process.

Additional analysis of this HUD guidance will be provided to members in a forthcoming edition of the NAHRO Monitor.

HUD Adds New Requirements to Consolidated Planning

Today, the HUD Office of Community Planning and Development (CPD) published a final rule that will “modernize” the consolidated planning process (24 CFR 91) for CPD formula grantees. The rule adds the concepts of broadband access and vulnerability to natural hazard risks to the Consolidated Plan’s existing housing market analysis. According to HUD, this rule seeks to “promote a balanced planning process that more fully considers the housing, environment, and economic needs of communities.”

Under the new rule, States and local governments must analyze the broadband needs (i.e., broadband wiring and connection to broadband service in the household unit, or the need for additional broadband Internet service providers to increase competition) of housing occupied by low- and moderate-income (LMI) households, including housing in rural areas. The rule also requires States and local governments to assess the vulnerability of housing units occupied by LMI households to increased natural hazard risks, particularly risks associated with climate change.

HUD does not expect the new regulations to result in significant additional expenses and administrative burden to jurisdictions since the requirements are similar to existing planning requirements, and the data necessary is readily available on the internet. HUD plans to input data for both broadband and resilience assessment requirements within the Consolidated Plan pre-populated data tables for use by jurisdictions, though jurisdictions can opt to use other data of their choice. HUD will provide grantees with this data early in Fiscal Year 2018.

Compliance with the requirements of the final rule will apply to Consolidated Plans submitted on or after January 1, 2018. Additional coverage of this final rule will available in the forthcoming edition the NAHRO Monitor (members only).

HUD Extends AFH Submission Deadline for Small Local Governments

On October 24, HUD published a notice in the Federal Register announcing the extension of the initial Assessment of Fair Housing (AFH) submission deadlines for small consolidated plan program participants that received a Community Development Block Grant (CDBG) of $500,000 or less in Fiscal Year (FY) 2015 or in a subsequent FY; or in the case of a HOME consortium, whose members collectively received a CDBG grant of $500,000 or less.

Previously, HUD established the first AFH due date for small consolidated plan program participants to be 270 days (approximately 9 months) before the program year for which a new 3-5 year Consolidated Plan is due, starting on or after January 1, 2018. HUD is now extending the initial due date to 270 days before the program year which a new 3-5 year Consolidated Plan is due, starting on or after January 1, 2019 – the same date that qualified public housing agencies (QPHAs – PHAs with a combined unit total of 550 or less) are required to submit their AFHs.

Learn more about HUD’s Affirmatively Furthering Fair Housing (AFFH) Final Rule and subsequent AFH requirements for states, local governments, and PHAs by accessing NAHRO’s AFFH Resource Page (members only).

HUD Finalizes Rule on Equal Access for Transgender People in CPD Programs

On September 21, 2016, HUD will publish a final rule titled “Equal Access in Accordance with an Individual’s Gender Identity in Community Planning and Development Programs” in the Federal Register. The final rule, which builds upon HUD’s February 2012 Equal Access Rule, will add a new section to HUD’s general program regulations (24 CFR Part 5) requiring HUD CPD program recipients and subrecipients to provide transgender persons and other persons who do not identify with the sex they were assigned at birth with access to program benefits, services and accommodations in accordance with their gender identity.

The final rule will also amend HUD’s definition of “gender identity” so that it more clearly reflects the difference between actual and perceived gender identity and eliminate the current prohibition on inquiries related to sexual orientation or gender identity. Additionally, the final rule makes a technical amendment to the definition of “sexual orientation” to conform with the Office of Personnel Management’s current definition.

Elsewhere in the Federal Register, HUD will be requesting public comment on a proposed document entitled “Equal Access Regardless of Sexual Orientation, Gender Identity, or Marital Status” for owners or operators of CPD-funded shelters, housing, facilities, and other buildings to post on bulletin boards and in other public spaces where information is typically made available.

A link to the proposed document, as well as deeper analysis of the final rule, will be forthcoming for NAHRO members.

 

 

HUD Publishes Integrity Bulletins for CPD Formula Grantees

The HUD Offices of the Inspector General (OIG) and Community Planning and Development (CPD) have developed Integrity Bulletins that cover topics representing issues that CPD formula grantees often struggle with: procurement and contracting; sub-recipient oversight; conflicts of interest; internal controls; documentation and reporting; and financial management.

The four Integrity Bulletins available include: