Regulations, Notices and NOFAs

  • Jessica Pearce May 11, 2012 09:21am EDT

    Summary:  Revocation of Notice PIH 2012-19 (Implementation of Funding for Tenant-Protection Vouchers for Certain At-Risk Households in Low-Vacancy Areas)

    HUD issued a notice (PIH Notice 2012-20), to revoke Notice PIH 2012-19, titled “Implementation of Funding for Tenant-Protection Vouchers for Certain At-Risk Households in Low-Vacancy Areas.”  

    A new notice will be forthcoming which will describe the funding process for tenant protection vouchers for certain at-risk households in low-vacancy areas, as provided for in the “Consolidated and Further Continuing Appropriations Act, 2012” (PL 112-55).

    Date of Publication: May 10, 2012

    View the notice here.

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  • Jonathan Zimmerman April 02, 2012 08:58am EDT

    Summary:HUD’s proposed rule would amend existing regulations governing the Section 202 Supportive Housing for the Elderly Program (Section 202) and the Section 811 Supportive Housing for Persons with Disabilities Program (Section 811), by streamlining the requirements for mixed-finance Section 202 and Section 811 developments. This rule would streamline the requirements for mixed-finance developments by removing restrictions on the portions of developments not funded through capital advances, thereby lifting barriers on participation in the development of the projects, and eliminating burdensome funding requirements.  These proposed amendments would attract private capital and the expertise of the private developer community to create attractive and affordable supportive housing developments for the elderly and for persons with disabilities. HUD is also taking this opportunity to improve and bring up to date certain regulations governing all Section 202 and Section 811 developments. These changes will permit broader flexibility in the design of Section 202/811 units, extend the duration of the availability of capital advance funds, and make a technical correction.

    HUD’s proposed rule is the first part of a larger regulatory effort to reform the Section 202 and Section 811 programs, which will include implementation of the changes made to these programs by the Frank Melville Supportive Housing Investment Act of 2010 and the Section 202 Supportive Housing for the Elderly Act of 2010. A subsequent rule, which will focus on the statutory changes, is expected to be published later in 2012.  Comments are due by May 29, 2012.

    View the proposed rule here.

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  • Jonathan Zimmerman April 02, 2012 08:53am EDT

    Summary:  HUD published a proposed rule to amend existing regulations governing portability in the Housing Choice Voucher (HCV) program. Portability is a feature of the HCV program that allows an eligible family with a housing choice voucher to use that voucher to lease a unit anywhere in the United States where there is a PHA operating an HCV program. The purpose of HUD’s proposed changes to the portability regulations is to clarify requirements already established in the existing regulations and improve the process involved with processing portability requests to enable PHAs to better serve families and expand housing opportunities. It is HUD’s intent to increase administrative efficiencies by eliminating confusing and obscure regulatory language in areas that are known to be troublesome. This proposed rule attempts to balances the needs and interests of PHAs while increasing family choice.  Comments are due by May 29, 2012. 

    Date of Publication:  March 28, 2012

    View the proposed rule here.

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  • Jonathan Zimmerman March 23, 2012 01:21pm EDT

    HUD's notice establishes the policies and procedures for the administration of tenant-based Section 8 Housing Choice Voucher (HCV) rental assistance under the HUD–Veterans Affairs Supportive Housing (HUDVASH) program administered by PHAs that partner with local Department of Veterans Affairs (VA) medical facilities. HUD's notice provides new and clarifying guidance regarding certain types of verification documentation, addition of family members after the veteran is a participant in the HCV program, termination of assistance, portability moves within the same catchment area where both PHAs have received HUD-VASH
    vouchers, portability moves when case management is no longer required, reallocation of HUD-VASH vouchers, and Housing Quality Standards (HQS) initial inspections.

    Date of Publication:  March 23, 2012

    Effective Date: March 23, 2012

    View the notice here.

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  • Jonathan Zimmerman March 20, 2012 08:52am EDT

    Funds Available

    2012 Notices

    2012 Notices - Funds Available

    Assisted Living Conversion Program 

    • Open Date: March 13, 2012
    • Close Date: May 15, 2012

    Choice Neighborhood Implementation Program

    • Open Date: January 10, 2012
    • Close Date: April 10, 2012

    Choice Neighborhoods Initiative Planning Grants

    • Open Date: February 29, 2012
    • Close Date: May 01, 2012

    Housing Choice Voucher - Family Self-Sufficiency (HCV FSS)

    • Open Date: February 16, 2012
    • Close Date: April 24, 2012                       

    Performance Based Contract Administration Program for the Administration of Project Based Section 8 Housing Assistance Payments Contracts

    • Open Date: March 09, 2012
    • Close Date: June 11, 2012

    Self-Help Homeownership Opportunity Program (SHOP)  

    • Open Date: February 27, 2012
    • Close Date: April 30, 2012

    Service Coordinators in Multi-Family Housing 

    • Open Date: March 13, 2012
    • Close Date: May 14, 2012
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  • Jonathan Zimmerman March 19, 2012 04:43pm EDT

    HUD's notice (2012-19) provides information and instructions on the funding process for tenant protection vouchers for certain at-risk households in low-vacancy areas, as provided for in the “Consolidated and Further Continuing Appropriations Act, 2012” (PL 112-55), referred to hereafter as “the 2012 Appropriations Act,” enacted on November 18, 2011.

    Date of Publication:  March 19, 2012

    View the notice here.

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  • Jonathan Zimmerman March 09, 2012 09:00am EST

    HUD recently issued its NOFA for the Performance-Based Contract Administrator Program for the Administration of Project-Based Section 8 Housing Assistance Payments (HAP) Contracts.  HUD’s estimated expense for the PBCA program is approximately $260 million for FY 2012.    HUD’s NOFA provides applicant information, submission deadlines, funding criteria and other requirements for this Program including the availability of an annual contributions contract (ACC) with a public housing agency (PHA) for each of the 42 States for which an ACC has not previously been awarded, to provide for the administration of project-based Section 8 HAP contracts for Section 8 projects located in the 42 States identified in Appendix A to HUD’s NOFA. 

    On Friday, March 16th HUD held a webcast titled “PBCA NOFA Q&A” which is available at: http://portal.hud.gov/hudportal/HUD?src=/press/multimedia/videos. During the webcast the Department announced that HUD revised its application receipt deadline, which is now set for 11:59:59 p.m. Eastern Time on Monday, June 11, 2012.  Other changesdiscussed by HUD during the webcast include a technical correction regarding HUD’s PBCA application rating elements and their tie-breaking scoring methodology.  HUD officials also spent considerable amounts of time clarifying aspects of the PBCA NOFA regarding crossing State lines, and in-State applicants.

    The ACC includes Exhibit A, section 4 of which includes a detailed treatment of the Administrative Fee. Section 5, “Performance Requirements Summary” (PRS), includes a table that specifies the Acceptable Quality Level (AQL) for performance of each of the 8 Performance-Based Tasks (PBTs), the Performance-Based Allocation Percentage, the method used to evaluate performance, and the frequency with which HUD will assess and pay the Basic Administrative Fee Earned.

    After publication on its website of an Invitation for Submission of Applications on February 25, 2011, HUD awarded an ACC to a PHA for each of the following 11 states: South Dakota, Iowa, Puerto Rico, Vermont, Minnesota, New Hampshire, Maine, North Dakota, Montana, Wyoming and the United States Virgin Islands. HUD now seeks to award an ACC to a PHA for each of the remaining 42 states through this program NOFA.

    More detailed information about the PBCA NOFA is avaiable at:  HUD Publishes Long Awaited FY 2012 Performance Based Contract Administration (PBCA) NOFA

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  • Jonathan Zimmerman February 29, 2012 09:39am EST

    Summary:  The FY 2011 appropriations law carried over from 2010 to 2011 the provision that HUD may add an additional three Moving-to-Work (MTW) agencies with the same eligibility criteria (listed below).  Additionally, because the Department filled only two of the three authorized slots made available pursuant to the 2010 Act, the Department will solicit applications for one remaining MTW agency authorized in 2010, and the three agencies authorized for 2011 under this notice. 

    PHAs' applications in response to HUD's notice must be received by 5:00 p.m. Eastern Standard Time on Wednesday, June 27, 2012.  Each MTW PHA’s contract agreement with HUD will run until the end of its 2018 fiscal year regardless of the date it received the MTW designation. There is no guarantee that a PHA’s MTW designation will be authorized beyond the expiration of these Agreements.

    PHAs applying for MTW status are subject to the following requirements:

    (1)          The PHA is currently designated as a High Performing agency under the Public Housing Assessment System (PHAS), and

     

    (2)          The PHA administers no more than 5,000 aggregate housing vouchers and public housing units.

    The statutory purpose of the MTW demonstration is to give PHAs and HUD the flexibility to design and test various approaches for providing and administering housing assistance that:

    (1)                Reduce cost and achieve greater cost effectiveness in federal expenditures;

     

    (2)                Give incentives to families4 with children where the head of household is working; is seeking work; or is preparing for work by participating in job training, educational programs, or programs that assist people to obtain employment and become economically self-sufficient; and

     

    (3)                Increase housing choices for eligible low-income families.

    Section 204 of the 1996 Act also requires MTW agencies to establish a reasonable rent policy designed to encourage employment and self-sufficiency by participating families.

    Additionally, applicants must meet the eligibility criteria set forth by HUD and be willing to test policy priorities defined by the Department.  In addition to detailed threshold requirements listed in the notice, each PHA applicant must test two priority policy initiatives if it receives an MTW designation. HUD’s priority policy initiatives are:

    (1) Rent Reform Controlled Study – HUD is interested in rigorously testing the effects of alternate rent strategies. Alternate rent strategies are defined as variations of the tenant rent calculations required by statute in order to promote one of the MTW statutory objectives given on page 2 of this notice. By submitting an application in response to this notice, applicants certify an alternate rent strategy will be designed and implemented via MTW within two years of the execution of an MTW Agreement with HUD. As part of the study, applicants agree to institute a random assignment process for participants to treatment and control groups to address research standards.

    (2) Applicants must select one of the following:

    a.            Housing Choice Mobility Demonstration – To further the third statutory objective of the MTW demonstration, increasing housing choice, applicants will design and test an activity that uses MTW flexibility to increase housing choices for residents through mobility programs. An increase in housing choice is defined as providing more types and locations for assisted housing in areas where affordable housing may not be many, and may entail geographic mobility programs that result in residents moving to more racially or economically diverse neighborhoods.

    The study may encompass public housing, vouchers, or both and may be a subset. The study does not need to encompass the PHA’s entire public housing and/or HCV portfolio, but if a subset of the portfolio is used, HUD requires that the PHA establish statistically valid treatment and control groups that will enable a rigorous evaluation of the activity’soutcomes.

    b.            Detailed MTW Block Grant Evaluation – MTW agencies have the ability to combine funds in an “MTW block grant” as set forth in the Definition of Terms in the notice. PHA applicants will be required to propose and design a method that measures and evaluates those aspects of the MTW block grant that result in quantifiable cost savings and other direct measurable outcomes, including additional families served and other quantifiable outputs that support the MTW statutory objectives. The MTW block grant evaluation strategy should make adjustments for any cost increases incurred as a result of the rent reform controlled study and the costs of the MTW block grant evaluation itself, so that an accurate picture of cost savings from streamlining initiatives can be provided.

    Date of Publication:  February 28, 2012

    View the notice here.

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  • Jonathan Zimmerman February 29, 2012 09:17am EST

    Summary:  HUD's notice (PIH Notice 2012-15) provides guidance on actions PHAs administering the Housing Choice Voucher (HCV) program may take to streamline administrative practices and reduce administrative costs.

    Date of Publication:  February 27, 2012

    View the notice here.

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  • Jonathan Zimmerman February 29, 2012 09:12am EST

    Summary:  HUD's notice (PIH Notice 2012-12) provides guidance on implementing the provision in HUD’s FFY 2012 Appropriations, P.L. 112-55, that limits the use of FFY 2012 Section 8 Tenant-Based Rental Assistance and Section 9 appropriations to pay salaries to public housing agency (PHA) employees.  This limitation applies to all PHA employees, including chief executive officers, other officials, and any other employees. NAHRO's Direct News coverage (February 24, 2012) titled, "HUD Issues Guidance on Executive Compensation Restrictions" provides additional details and analysis of HUD's notice.

    Date of Publication:

    View the notice here.

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