Regulations, Notices and NOFAs

Publication Date: January 24, 2011

Summary: As the Nation’s housing agency, HUD administers programs designed to meet the goal of ensuring decent housing and suitable living environment for all. In pursuit of this goal, it is HUD’s responsibility to ensure that all who are otherwise eligible to participate in HUD’s programs have equal access to these programs and have the opportunity to compete fairly for HUD funds without being subject to arbitrary exclusion. There is evidence, however, that lesbian, gay,  bisexual, and transgender (LGBT) individuals and families are being arbitrarily excluded from some housing opportunities in the private sector. Through this  proposed rule, HUD strives to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation or gender identity.

Comment Due Date: March 25, 2011.

View the proposed rule as published in the Federal Register here.

Publication Date:  January 19, 2011

Summary:  HUD's 18-page notice provides guidance on public housing agency (PHA) administrative responsibilities related to  family moves with continued assistance both within a PHA’s jurisdiction and portability moves.  In addition to reviewing the administrative responsibilities of the initial PHA and the receiving PHA for moves with continued assistance under portability, this Notice sets- forth additional requirements for PHAs who deny moves due to insufficient funding both within and outside the initial PHA’s  jurisdiction in accordance with 24 CFR 982.314(e)(1).  HUD's notice also:

• Sets forth the penalties that may be imposed on PHAs that deny family requests to move on the basis of 24 CFR 982.314(e)(1) if the conditions necessary to deny the move on the basis of insufficient funding do not exist.  
• Requires PHAs to notify HUD when it becomes necessary to deny families’ requests to move due to insufficient funding.
• Requires receiving PHAs to provide a notification by email or other confirmed delivery method to the initial PHA on its intent to bill or absorb before the family is approved for the portability move.
• Encourages PHAs to enlist the assistance of the local Area HUD Office in resolving billing related issues. 
• Outlines the steps an initial PHA who does not receive annual updates for families under billing arrangements should take in seeking assistance from their Area HUD Office as well as receiving PHAs who do not receive timely payments from initial PHAs.
• Updates the  latest portability guidance issued in HUD Notice PIH 2008-43 and supersedes that notice.

View the notice here.

Publication Date: January 12, 2011

Summary:  The purpose of HUD’s notice is to provide guidance to PHAs when determining the rent to owner for an HCV tenancy when the participant family chooses to lease a unit under the HCV program in any of the following types of federally subsidized projects:

• An insured or non-insured Section 236 project
• A Section 202 project
• A Section 221(d)(3) below market interest rate (BMIR) project; or
• A Section 515 project of USDA's Rural Development Program

View the notice here.

Full Title: Notice of Availability: HUD’s Fiscal Year (FY) 2010 NOFA for the Capital Fund Education and Community Facilities Program—Technical Correction and Extension of Deadline Date

Pubilcation Date:  1/13/2011

Summary: On October 18, 2010, HUD posted on http://www.Grants.gov its Notice of Funding Availability (NOFA) for the Fiscal Year (FY) 2010 Capital Fund  Education and Community Facilities (CFCF) Program. The NOFA made available approximately $35 million in assistance for development of facilities to provide early childhood education, adult education, and/or job training programs for public housing residents. Today’s Federal Register publication announces that HUD has posted on http://www.Grants.gov a technical correction that makes several corrections and clarification to NOFA. Specifically, the corrected NOFA clarifies that Public Housing Agencies (PHAs) may submit multiple applications, but each application must include only one site. HUD has also revised the NOFA to specify tie breaking criteria. Further, in order to provide applicants with sufficient time to submit new or revised applications that incorporate the corrections and clarifications to the NOFA, HUD has extended the application deadline to February 3, 2011.

Potential applicants should review carefully the corrected NOFA to best determine whether to submit an updated application which incorporates the corrections and clarifications related to this notice. Applicants who submitted their applications prior to the technical correction notice can choose to submit an updated application that reflects the corrections and clarifications, but are not required to if they determine no changes are needed for their application. Applicants are reminded that if they submitted any portion of their application by fax with their initial application submission and choose to submit a revised application, then they will have to refax the materials after they submit the revised application to HUD. Please refer to the General Section for instructions regarding materials that are faxed and how HUD matches faxes to applications. For each site for which a PHA submits an application, the last version of the application received by http://www.Grants.gov by the deadline date, in accordance with the timely receipt requirements, will be the application that is reviewed and rated.

The revised NOFA can be found and downloaded from http://www.Grants.gov, using the CFDA number for that program, 14.890.

DATES: The revised application deadline date is February 3, 2011. Applications must be received by Grants.gov by 11:59:59 p.m. eastern time on the deadline date. See the General Section for timely receipt requirements. All information required to complete the application is in the General Section and this NOFA.  Applicants may download the application and instructions from the Grants.gov Web site at http://www07.grants.gov/applicants/apply_for_grants.jsp. Please carefully read the Notice of HUD’s Fiscal Year (FY) 2010 Notice of Funding Availability (NOFA) Policy Requirements and General Section to HUD’s FY 2010  NOFAs for Discretionary Programs, posted on Grants.gov on June 7, 2010. Applicants need to be aware that following receipt, applications go through a  validation process in which the application may be accepted or rejected. Please allow time for this process to ensure that you meet the timely receipt  requirements.