Regulations, Notices and NOFAs

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.

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.

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.