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 Guidance on HOPWA Permanent Supportive Housing Grant Renewal

Last week, HUD published a Housing Opportunities for Persons With AIDS (HOPWA) notice (CPD-17-02) that announces renewal application requirements and procedural guidance for eligible grantees with expiring HOPWA Permanent Supportive Housing (PSH) competitive grants.

Eligible renewal applicants are grantees with grants set to expire between June 1, 2017 and May 31, 2018. These grantees must demonstrate that the remaining balance on the current HOPWA PSH grant would be insufficient to fund activities beyond May 31, 2018. The notice lists 33 grantees that are eligible for renewal in FY 2017.

HUD expects to renew all eligible expiring HOPWA PSH competitive grants initially funded by appropriated funds from FY 2010 or earlier. If it turns out that appropriations for FY 2017 do not provide adequate funding for the renewals needed, HUD will contact all applicants.

The deadline to submit an application is March 31, 2017.

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 Publishes Notice on the Modernization of the Housing Opportunities for Persons With AIDS Program

Last week, HUD published new guidance (notice CPD-16-17) for Housing Opportunities for Persons With AIDS (HOPWA) grantees explaining the changes to the HOPWA program  that resulted from the passing and signing of the Housing Opportunity Through Modernization Act (HOTMA) on July 29, 2016. The passage of HOTMA was a huge victory for NAHRO and its members because it provided housing authorities with the effective tools and mechanisms to improve the operation of their programs. The new law also provided long-awaited amendments to the HOPWA statue that modernizes the program’s allocation formula, and addresses administrative provisions and adds program definitions. HUD’s new notice describes how the HOTMA provisions will effect HOPWA formula allocations for FY 2017 and beyond. The notice also details the program changes that became effective on July 29, 2016 versus the program changes that must be implemented by HUD through future rulemaking.

Learn more about the modernization of the HOPWA program in next edition of the NAHRO Monitor – available November 15, 2016 (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 to Expand Housing Protections for Survivors of Violence

On October 24, HUD announced the impending publication of a final rule that will expand the housing protections for victims of  domestic violence, dating violence, sexual assault, and stalking (hereinafter known as “victim”) regardless of sex, gender identity, sexual orientation, or age. The final rule will fully codify the provisions of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) into HUD’s regulations.

At its core, VAWA 2013 prohibits housing providers from denying or terminating housing assistance on the basis that an applicant or tenant is a victim. HUD’s final rule expands the universe of HUD rental assistance programs subject to the VAWA 2013 statute beyond Public Housing and Section 8 programs to also include:

  • Housing Trust Fund (HTF) – a program originally not listed under VAWA 2013;
  • HOME Investment Partnerships (HOME) program;
  • Housing Opportunities for Persons With AIDS (HOPWA) program;
  • HUD’s McKinney-Vento Homeless programs;
  • Section 811 Supportive Housing for Persons with Disabilities;
  • Section 202 Supportive Housing for the Elderly;
  • Section 221(d)(3) Below Market Interest Rate (BMIR) Program
  • Section 236 Rental Program

These programs, along with properties assisted through the USDA Rural Housing programs and the Low-Income Housing Tax Credit program, are collectively referred to as “covered housing programs.”

Overall, HUD’s final rule:

  • Codifies the core protections under VAWA 2013 across HUD’s covered programs by ensuring survivors are not denied assistance as an applicant, or evicted or have assistance terminated due to the individual’s victim status, or for being affiliated with a victim.
  • Provides a model emergency transfer plan for housing providers and explains how housing providers must address their tenants’ requests for emergency transfers.
  • Offers protections against the adverse effects of abuse that can often have negative economic and criminal consequences on a survivor. For example, a perpetrator may take out credit cards in a survivor’s name, ruining their credit history. Covered housing providers may  not deny tenancy or occupancy rights based solely on adverse factors that are a direct result of being a survivor.
  • Makes clear that under most circumstances, a survivor need only to self-certify in order to exercise their rights under VAWA, there by “ensuring third party documentation does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe.”

HUD’s final rule is currently pending publication in the Federal Register. Once published, the rule’s regulations will become effective after 30 days.

An in-depth analysis of the final rule can be found in the October 30, 2016 edition of the NAHRO Monitor (members only).

 

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: