NAHRO is happy to announce it has received information from HUD that HUD will be rescinding the Annual Contributions Contract (ACC) (Form HUD-53012, OMB Approval No. 2577-0075) that took effect in May of this year. Agencies that have executed this new ACC will revert back to their prior ACC. Agencies will receive a communication from HUD in the coming days that will document the rescission of the new ACC.
It is anticipated that HUD may revisit a new ACC in the future and allow for additional input from the affordable housing stakeholders.
NAHRO thanks all of the agencies that have shared their thoughts and concerns about the new ACC with us. Additionally agencies, the industry groups (NAHRO, PHADA, and CLPHA) along with industry attorneys worked in unison to advocate for the importance and fairness of the agency/HUD relationship. NAHRO will continue to follow the ACC issue and will provide updates as additional information becomes available.
On January 30, days after publishing its regulatory freeze memorandum, the new administration published an executive order titled “REDUCING REGULATION AND CONTROLLING REGULATORY COSTS.” The order mandates that “for every one new regulation issued, at least two prior regulations be identified for elimination.”
For FY 2017, the order directs agencies and executive departments to identify two existing regulations to be repealed for every new regulation to be issued. Additionally, a regulatory cap is established, which directs agencies to establish a limit such that the total incremental cost of all new regulations and repealed regulations finalized in FY 2017 does not exceed zero, unless required by law or consistent with the advice of the Director of Office of Management and Budget. Any new incremental costs associated with new regulations must be offset by the elimination of existing costs associated with two prior regulations. The Director will provide guidance to the agencies to implement this order.
For FY 2018 and future fiscal years, agency heads will identify two offsetting regulations for each regulation that increases incremental costs and provide the agency’s best approximation of costs or savings with each new regulation or repealed regulation. Each regulation approved by the Director will be included in the Unified Regulatory Agenda and will not be issued by an agency, if it is not included, unless required by law. During the presidential budget process, the Director will identify the total amount of incremental costs that will be allowed for each agency. No regulations exceeding the agency’s total incremental costs for the fiscal year will be permitted, unless required by law or approved by the Director. The Director will provide the heads of the agencies with guidance to implement this order.
It is unclear how this order will affect the regulatory process at HUD. NAHRO awaits further published guidance.
The full executive order can be found here.
Additional analysis on how the order impacts the federal bureaucracy as a whole can be found here and here.
In 2016, the Department of Housing and Urban Development (HUD) was very busy setting forth new rules and regulations and providing updated notices and guidances on many of the HUD administered affordable housing programs. The year has also been marked by many legislative victories and a few challenges.
NAHRO has drafted and compiled this Regulatory and Legislative Year in Review – 2016 to provide a primer of the topics on the forefront of the affordable housing industry. It can also provide you, your public housing agencies (PHAs) and local redevelopment agencies (LRAs) and your stakeholders with current information on many of the programs used and administered by HUD and the affordable housing community.
The full Regulatory and Legislative Year in Review – 2016, along with the individual topic one-pagers, is available on the NAHRO website. For the most up-to-date versions and information visit the NAHRO website and the NAHRO blog.
NAHRO Policy and Congressional teams are also conducting two e-Briefings through NAHRO Professional Development. The first is This Just in from Washington on January 31, 2017, where NAHRO’s Congressional team will give you an update on FY2017 appropriations, preview FY2018, outline potential legislative action on HCD programs, and discuss ways in which you can be the most effective advocate in this rapidly changing political climate. The second is part of the Housing Rules! Series, Moving Forward: A Review of 2016 Regulation and Legislation on February 7, 2017, where NAHRO’s Policy team will discuss many areas that HUD and Congress addressed during 2016 and NAHRO reviewed in detail in NAHRO’s Regulatory and Legislative Year in Review – 2016, which will provide a solid regulatory and legislative foundation as we work with the new Administration and new Congress to keep our affordable housing agenda moving forward. Registration information for both of these e-Briefings is available through the NAHRO Professional Development calendar.