Regulations, Notices and NOFAs

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.

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.

Summary:  The purpose of HUD’s Notice (PIH Notice 2012-24) is to provide guidance to Public Housing Authorities (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 project2
• A Section 221(d)(3)3 below market interest rate (BMIR) project; or
• A Section 515 project of USDA’s Rural Development Program

This Notice supersedes PIH Notice 2011-1.

Rent to Owner in Subsidized Projects: As stated in 24 CFR §982.521, when a family leases a unit under the HCV program in an insured or non-insured Section 236 project, Section 202 project, Section 221(d)(3) BMIR project, or a Section 515 project of the Rural Development Program, the rent to owner must equal the rent set by the respective subsidy programs and be reasonable in comparison to rent for other unassisted units, as determined by the HCV administering agency, in accordance with 24 CFR §982.507.

In order to confirm the subsidized rental rate for Sections 236, 202, 221(d)(3) BMIR or Section 515 projects, contact your local Multifamily Hub or Program Center.

Prohibition Against Other Housing Subsidy: The federally subsidized projects discussed above may, in some circumstances, contain units that also receive the benefit of a State, local, or federal, housing subsidy (e.g., Section 8 project-based housing assistance payments contract). Such units are ineligible units under the HCV program. In accordance with program regulations at 24 CFR §982.352 (c), a HCV family may not receive the benefit of tenant-based assistance under the HCV program for a unit in which there is any other duplicative federal, State or local housing subsidy.

Date of Publication:  May 22, 2012

View the document here.