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).

NAHRO Provides Recommendations to the HUD 2017 Transition Team

Today NAHRO provided members of President-elect Trump’s HUD transition team with the NAHRO Transition 2017 recommendations. All recommendations and positions in this document have been previously approved by our standing committees and the NAHRO Board of Governors. We also intend to make ourselves available to the new transition team and supply them with any and all information and assistance they may require from us to make the transition at HUD under the Trump Administration as smooth as possible.

The transition recommendations can be used as you reach out to your local HUD officials, your elected officials who will be seated in the new Congress, the media and your own state and local officials in a united effort to move a responsible and responsive housing agenda forward at HUD and on Capitol Hill. In addition to this document, the association will also be producing the NAHRO 2017 Regulatory and Legislative Agenda, which will be drafted over the coming weeks with input from NAHRO membership and leadership and will be available at the NAHRO 2017 Washington Conference.

NAHRO’s Transition 2017 recommendations for HUD may be viewed here.

HUD Final Rule Provides Expanded Housing Protections for Survivors of Violence

Today, HUD published a final rule in the Federal Register that provides expanded housing protections for survivors of violence and fully codifies 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 survivor of violence.

The rule’s regulations become effective on December 16, 2016, and compliance with the rule with respect to completing an emergency transfer plan and providing emergency transfers, and associated recordkeeping and reporting requirements, is required no later than June 14, 2017.

Read more about the rule’s provisions in our blog post, published last month. A more in-depth analysis of the rule is also available in the NAHRO Monitor (members only).

[Note: After the final rule’s publication, HUD discovered an incorrect compliance date in the rule’s preamble, with respect to completing an emergency transfer plan and providing emergency transfers, and associated recordkeeping and reporting requirements. The compliance date was incorrectly listed as May 15, 2017, while the regulatory text provided the correct date of June 14, 2017. This blog post has been updated to reflect the correct compliance date of June 14, 2017]

HUD to Hold COCC Listening Session in Los Angeles

NAHRO encourages all PHAs, especially those on the West Coast, to attend the HUD COCC (Central Office Cost Center) listening session on December 7, 2016 in Los Angeles, CA. Previous COCC listening sessions have been held in Alabama, Michigan and the District of Columbia. NAHRO has participated in a HUD COCC listening session and HUD shared substantive information in addition to listening to the concerns and questions of PHAs. These listening session are not part of the formal rulemaking process and is an opportunity to have a discussion with HUD on the COCC and the fee system.

PHAs interested in attending the COCC listening session in Los Angeles on December 7, 2016 will need to register at the following website: http://www.hud.gov/emarc/index.cfm?fuseaction=emar.registerEvent&eventId=2944&update=N.

Below is the Los Angeles COCC Listening Session information and agenda that was received from HUD.


In consideration of those PHAs that are located on or closer to the West Coast, HUD has decided to offer an additional COCC Listening Session in Los Angeles, CA on Wednesday, December 7, 2016.  Registration information for the Los Angeles, CA session is provided below.   

Background: In response to an OIG audit report, HUD is considering changes to the amount and types of fees a PHA’s Central Office Cost Center (COCC) can charge and the eligible uses of these funds by the COCC.  These changes could significantly impact the more than 600 PHAs that operate under asset management using the COCC model.  To more fully understand the impact of such changes when developing possible new rules, procedures, and guidance on the COCC, HUD has chosen to hold listening sessions in several cities, including Los Angeles, CA.

We welcome your PHA’s participation.

Detailed information on the COCC listening session and registration information is provided below.  Note: The listening session is in person only; there is no audio or video broadcasting of the sessions.

D.J. Lavoy,

Deputy Assistant Secretary

PIH-Real Estate Assessment Center


Who Should Attend? The target audience for this listening session is Executive Directors, Chief Financial Officers, and Public Housing Directors of PHAs that operate under asset management using a COCC.  PHAs also are encouraged to share this information with their fee accountants and auditors.  HUD will be sending a separate email to invite fee accountants, auditors, and financial consultants to the listening session.

Listening Session Registration. Registration is limited to no more than two (2) participants from the same PHA or organization.  To register for the Los Angeles session, please click on the link below.

http://www.hud.gov/emarc/index.cfm?fuseaction=emar.registerEvent&eventId=2944&update=N

The event will be held at HUD’s Los Angeles, CA Field Office.  Take the elevator directly to the 4th floor to Room 4054.

Los Angeles Federal Building

300 North Los Angeles Street, Suite 4054

Los Angeles, CA 90012

Note: Attendees will be asked to go through a metal detector and place their personal items through an x-ray machine.  With this in mind, please give yourself an extra 15 to 20 minutes to go through security and consider what you bring with you.

COCC Listening Session Agenda. A draft agenda for the COCC listening session is provided below.

COCC Listening Session – Draft Agenda
# Topic Time
1 Onsite Registration 8:30 – 9:00
2 Welcome and Background 9:00 – 9:30
3 Reasonableness of Fees and Fee Type 9:30 – 10:15
4 Re-federalization of Fees 10:15 – 10:45
5 Break 10:45 – 11:00
6 Eligible Uses of Fee Income 11:00 – 12:00
7 Lunch 12:00 – 1:00
8 Accounting and Reporting 1:00 – 2:15
9 Break 2:15 – 2:30
10 Transition Items 2:30 – 3:30
11 Next Steps / Closing 3:45 – 4:00

Lodging/Parking Information. For attendees who may need overnight accommodations or parking, this information is provided at the link below.  This hotel list is provided for your convenience.  HUD does not endorse or recommend any hotel.

https://drive.google.com/file/d/0B1BC9D4S6JWMcmEwYWhOYjd6eGM/view?usp=sharing

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).

NAHRO Presents at HUD on the Lead Safe Housing Proposed Rule

On October 6, NAHRO participated in a HUD organized convening on the proposed Lead Safe Housing Rule. NAHRO’s Director of Policy and Program Development, Georgi Banna, along with the National Center for Healthy Housing’s Chief Scientist, Dr. David E. Jacobs and the Green and Healthy Homes Initiative’s Executive Director, Ruth Ann Norton were on a panel moderated by HUD-PIH’s Principal Deputy Assistant Secretary Lourdes Castro Ramirez that discussed the need to combat lead poisoning in children and the role of housing in that battle.ghhi-lead-2016-10-06_16-49-58_000

A video of the Lead Safe Housing Rule Convening has been posted on HUD’s YouTube Channel. Clicking Georgi Banna will begin at NAHRO’s statement.

Comments on HUD’s proposed Lead Safe Housing Rule are due to HUD on Monday, October 31, 2016. NAHRO submitted its comments this week. More information on the HUD’s Lead Safe Housing Rule and NAHRO thoughts and comments on it can be found in the current edition of the NAHRO Monitor.

UPCS-V Update Call to be Hosted by HUD

On October 31st from 2pm to 4pm eastern time, HUD will host a UPCS-V quarterly update call. During the call, two broad topics will be discussed:

  1. The UPCS-V Test Plan – looking at the potential burdens and barriers to UPCS-V implementation.
  2. Immediate Next Steps – How UPCS-V demonstration PHAs can use UPCS-V as their inspection of record.

The conference call may be connected to at: http://ems7.intellor.com/login/707781, up to 10 minutes prior to the conference start time, 2pm eastern time on October 31, 2016. Feel free to contact HUD UPCS-V staff at OED@hud.gov with any questions, thoughts or suggestions.

HUD Awards $500 Million in Disaster Recovery Funds; Pledges Expedited Assistance for Southern States

Last week, HUD Secretary Julian Castro awarded $500 million in Community Development Block Grant Disaster Recovery (CDBG-DR) funds to Louisiana, Texas and West Virginia to help recover from severe flooding earlier this year. These recovery funds will help the most impacted counties that experienced the greatest level of damage to their housing stock. CDBG-DR grants can provide support for housing redevelopment, business assistance, and infrastructure repair.

According to HUD’s press release, “[i]n the hardest-hit counties of Louisiana (6 counties), Texas (3 counties), and West Virginia (2 counties), more than 102,000 households experienced some level of damage to their homes including more than 41,000 families who saw the most serious level of damage or destruction and unmet needs.” The following allocations of funds are based on each state’s proportional share of serious unmet housing needs:

Grantee
Amount
State of Louisiana
$437,800,000
State of Texas
$45,200,000
State of West Virginia
$17,000,000
TOTAL
$500,000,000

Also last week, Secretary Castro announced that HUD will expedite assistance to the States of North Carolina, Florida, and Georgia to address the impacts of Hurricane Matthew. The Department will help by: assisting the affected states and local governments in re-allocating existing federal resources toward disaster relief; granting immediate foreclosure relief; making mortgage insurance available; making insurance available for both mortgages and home rehabilitation; offering Section 108 loan guarantee assistance; and providing information to FEMA and the State on housing providers that may have available units in the impacted counties.

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.