Regulations, Notices and NOFAs

  • Jonathan Zimmerman July 05, 2012 12:54pm EDT

    Summary:  Under existing law, HUD is required to publish quarterly Federal Register notices of all regulatory waivers that HUD has approved. HUD’s notice contains a list of regulatory waivers granted by HUD during the period beginning on January 1, 2012, and ending on March 31, 2012.

    Date of Publication:  June 27, 2012

    View the notice here.

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  • Jonathan Zimmerman July 05, 2012 12:15pm EDT

    Summary:  Listed below are a variety of Notices published in the Federal Register.  All of the notices have deadline response dates at various points.  HUD can make very significant changes to its existing information collection through HUD forms and surveys, that will affect PHAs and CD agencies positively or negatively. 

    Agency Information Collection Activities; Proposals, Submissions, and Approvals:

    • Notice of Proposed Information Collection: Comment Request; Multifamily Housing Mortgage and Housing Assistance Restructuring Program (Mark to Market)  Page 37917 [FR DOC# 2012-15455] PDF

     

    • Notice of Submission of Proposed Information Collection to OMB; Mark-to-Market Program; Requirements for Community-Based Non-Profit Organizations and Public Agencies  Pages 35706-35707 [FR DOC# 2012-14517] PDF

     

    • Notice of Proposed Information Collection: Comment Request; Accountability in the Provision of HUD Assistance “Applicant/Recipient Disclosure/Update Report-HUD 2880”   Pages 37430 - 37430 [FR DOC # 2012-15205] PDF

     

    • Notice of Proposed Information Collection: Comment Request; Previous Participation Certification   Pages 36286 - 36286 [FR DOC # 2012-14710] PDF

     

    • Notice of Submission of Proposed Information Collection to OMB; Supplement to Application for Federally Assisted Housing  Pages 35705-35706 [FR DOC# 2012-14527] PDF

     

    • Strong Cities, Strong Communities National Resource Network Pilot Program Advance Notice and Request for Comment  Pages 35711-35718 [FR DOC# 2012-14503] PDF

     

    • Notice of Submission of Proposed Information Collection to OMB; Supplement to Application for Federally Assisted Housing  Pages 35705-35706 [FR DOC# 2012-14527] PDF
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  • Jonathan Zimmerman July 05, 2012 11:27am EDT

    Summary:  HUD's guidance to public housing agencies (PHAs) describes actions PHAs may take to assist persons with disabilities transitioning from institutions and persons at serious risk of institutionalization access PHA-assisted housing. This guidance supplements prior guidance in PIH Notice 2005-5 on community-based alternatives for individuals with disabilities.

    Date of Publication:  June 29, 2012

    View the notice here.

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  • Jonathan Zimmerman June 25, 2012 03:32pm EDT

    Summary:  HUD's Notice (PIH Notice 2012-30) provides public housing agencies (PHAs) with instructions for the calculation of operating subsidy eligibility in Calendar Year (CY) 2013 in anticipation of Federal Fiscal Year (FFY) 2013 appropriations. It also informs PHAs that in an effort to reduce their reporting burdens HUD will use information in its systems of record to determine operating subsidy eligibility. HUD is committed to providing eligibility information to PHAs prior to the start of CY 2013.

    Date of Publication:  June 22, 2012

    View the notice here.

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  • Jonathan Zimmerman June 25, 2012 03:27pm EDT

    Summary:  HUD's Notice (PIH Notice 2012-29) clarifies program policy related to the passbook savings rate used to determine annual income from net family assets. Under 24 CFR §5.609(b)(3), when determining annual income for families who apply for or receive assistance in the Housing Choice Voucher (HCV)
    and public housing programs, a public housing agency (PHA) includes in annual income the greater of either: (1) actual income resulting from all net family assets; or (2) a percentage of the value of such assets based upon the current passbook savings rate as determined by the U.S. Department of Housing and Urban Development (HUD) when a family has net assets in excess of $5000. This Notice also minimizes the administrative burden on Field Offices and PHAs in
    conducting a survey of local banks, by relying on a rate that is publicly available and based upon recent market data.

    HUD's Notice applies to all PHAs and localities that operate a HCV program, public housing program, or Section 8 Moderate Rehabilitation program. Moving-To-Work (MTW) agencies, to the extent they have established an alternate policy in their MTW plan, are excluded from the provisions of this Notice.

    Date of Publication:  June 21, 2012

    View the notice here.

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  • Jonathan Zimmerman June 25, 2012 03:21pm EDT

    Summary:  HUD’s guidance (PIH Notice 2012-28) reiterates owners’ and agents’ (O/As) and Public Housing Agencies’ (PHAs) statutory- and regulatory-based responsibilities to prohibit admission to individuals subject to a lifetime registration requirement under a State sex offender registration program. If a participant who is subject to such a lifetime registration requirement was erroneously admitted into a federal housing program identified under Section II, below, and is found to be receiving housing assistance, O/As and PHAs must pursue eviction or termination of assistance for these participants. In addition, this Notice clarifies regulations concerning admissions and strongly recommends additional steps to prevent individuals subject to a lifetime registration requirement under a State sex offender registration program from receiving federal housing assistance.

    Screening requirements for state registered lifetime sex offenders apply to O/As and PHAs administering the following rental assistance programs:

    • Section 202 Project Rental Assistance Contracts (PRAC)
    • Section 811 PRAC
    • Section 811 Project Rental Assistance (PRA) demonstration
    • Section 202/162 Project Assistance Contract (PAC)
    • Section 202/8 Section 202 Senior Preservation Rental Assistance Contracts (SPRACs)
    • Section 8 Project-based Section 236
    • Section 236 Rental Assistance Payment (RAP)
    • Section 221(d)(3) Below Market Interest Rate (BMIR)
    • Section 101 Rent Supplement Public Housing Tenant-based Housing Choice Voucher Project-based Certificate and Housing Choice Voucher Moderate Rehabilitation

    Date of Publication:   June 11, 2012

    View the notice here.

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  • Jonathan Zimmerman June 25, 2012 03:10pm EDT
     
    Summary:  On June 8, HUD issued PIH 2012-27 announcing the availability of set-aside funds for PHAs that experienced a financial hardship to the public housing operating subsidy allocation adjustment.  The FY 2012 Consolidated Appropriations Act allowed the HUD Secretary to set aside up to $20 million from the Operating Fund appropriation “to provide assistance to any [PHA] who encounters hardship as a direct result of an excess reserve offset.”  In order to qualify for these funds, a PHA must have had their CY 2012 subsidy reduced as a result of the offset and HUD must determine that the PHA’s operating reserves are less than the minimum level of operating reserves, defined as the equivalent of six months’ worth of operating expenses for agencies with fewer than 250 public housing units or four months’ worth of expenses for PHAs with 250 or more units.  
     
    HUD will email all agencies with FASS-approved financial statements to notify them of their eligibility to receive set-aside funding.  In addition, a tool with calculations for all PHAs will be posted online at http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs/ph/am/of/opfnd2012/allocationadjustment.   Eligible PHAs must then send an email indicating that the PHA received an allocation adjustment and is experiencing financial hardship directly related to adjustment and provide a narrative description of that financial hardship to 2012setaside@hud.gov, with a copy to their local Field Office Director, by June 29.  The description should provide sufficient detail to establish that a hardship exists and that the hardship is directly related to the allocation adjustment that the PHA received.  Agencies that have been designated as troubled must follow additional procedures, as outlined in the notice. HUD will notify each applicant of their eligibility and award amount by July 13. 
     
    Date of Publication:  June 8, 2012
     
    View the notice here as well as three related attachments:  Attachment A, Attachment B1, and Attachment B2
     
    NAHRO's article on the notice is available at: HUD Publishes Notice on Operating Reserve Offset Hardship Adjustments
     
     
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  • Jonathan Zimmerman June 11, 2012 08:54am EDT

    Summary: HUD's notice (PIH Notice 2012-26) provides Public Housing Agencies (PHAs) with administrative guidance related to the mandated use of HUD’s EIV system, as required in accordance with the new HUD regulation, 24 CFR §5.233, as issued in the Final Rule: Refinement of Income and Rent Determinations in Public and Assisted Housing Programs: Implementation of the Enterprise Income Verification System-Amendments, effective January 31, 2010, as published in the Federal Register (FR) at 74 FR 68924, on December 29, 2009.  This notice extends notice PIH-2010-19(HA), which was extended under notice PIH-2011-25, same subject, for another year until May 31, 2013.

    Date of Publication:  June 1, 2012

    View the notice here.

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  • Jonathan Zimmerman June 11, 2012 08:49am EDT

    Summary:  HUD's notice is a reissuance of PIH Notice 2009-21 which strongly encourages Public Housing Authorities (PHAs) to implement smoke-free policies in some or all of their public housing units. According to the American Lung Association, cigarette smoking is the number one cause of preventable disease in the United States. The elderly and young populations, as well as people with chronic illnesses, are especially vulnerable to the adverse effects of smoking. This concern was addressed by the Family Smoking Prevention and Tobacco Control Act, P.L. 111-31, signed by the President on June 22, 2009. It is possible for Environmental Tobacco Smoke (ETS) to migrate between units in multifamily housing, causing respiratory illness, heart disease, cancer, and other adverse health effects for those living in neighboring residences. Therefore the Department is encouraging PHAs to adopt smoke-free policies. By reducing the public health risks associated with tobacco use, this notice will enhance the effectiveness of the Department’s efforts to provide increased public health protection for residents of public housing. The Department is currently developing additional guidance to assist PHAs with the consideration and adoption of smoke-free policies.

    Date of Publication:  May 29, 2012

    View the notice here.

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  • Jonathan Zimmerman June 06, 2012 01:09pm EDT

    Summary:  HUD's final SEMAP rule amends existing regulations for the Section 8 Management Assessment program (SEMAP), by revising the process by which HUD measures and verifies performance under the SEMAP lease-up indicator. Specifically, HUD amends the existing regulation to reflect that assessment of a public housing agency’s (PHA) leasing indicator will be based on a calendar year cycle, rather than a fiscal year cycle, which would increase administrative efficiencies for PHAs.  This rule also clarifies that units assisted under the voucher homeownership option or occupied under a project-based housing assistance payments (HAP) contract are included in the assessment of PHA units leased.  HUD's final SEMAP rule takes effect on July 2, 2012.

    Date of Publication:  May 31, 2011

    View the rule here.

    NAHRO will provide detailed coverage of HUD's final SEMAP rule in the June 15th issue of the Monitor.

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