Regulations, Notices and NOFAs

  • Jonathan Zimmerman February 01, 2012 10:07am EST

    Summary:  The purpose of HUD's Notice is to remind PHAs of the regulatory provision regarding how the value of a home purchased under the Housing Choice Voucher (HCV) homeownership option (24 CFR 982 Subpart M) is treated for the purpose of determining the family’s annual income. The rule (24 CFR 5.603(b) Net Family Assets. (4)) exempts the home purchased with voucher assistance from being counted as an asset for the first 10 years after the closing date. HUD issued the final rule on September 12, 2000. PHAs and industry professionals need to be aware that the exemption terminates after a family’s 10th year of participation in the program. The Notice provides guidance on including the value of the home in “net family assets” starting in the eleventh year following the purchase of the home. The Notice also establishes safe harbors that a PHA may rely upon to determine the cash value of real estate purchased under the homeownership option.

    Date of Publication:  January 27, 2012

    View the notice here.


     

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  • Jonathan Zimmerman January 10, 2012 11:02am EST

    Summary:  HUD's notice contains a list of regulatory waivers granted by HUD during the period beginning on July 1, 2011, and ending on September 30, 2011.

    Date of Publication:  December 19, 2011

    View the notice here.

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  • Jonathan Zimmerman January 09, 2012 09:03am EST

    Summary:   Kin-GAP payments are subsidies that go to, or on behalf of, children leaving the juvenile court system to live with a relative or legal guardian. Kinship care payments are foster care subsidies that go to, or on behalf of, children living with a relative or legal guardian.  HUD’s notice supersedes notices PIH-2008-30 and 2008-40 and clarifies the treatment of income received from Kinship Guardian Assistance Payments (Kin-GAP), kinship care payments, and other guardianship care payments pursuant to 24 CFR § 5.609(c)(2).   HUD’s notice applies to Public and Indian Housing (PIH) rental assistance programs including: Public Housing, Section 8 Moderate Rehabilitation, Housing Choice Voucher and Section 8 Project-Based Voucher and Certificate Programs.

    The Department determined that kinship care, Kin-GAP, and similar programs funded by states serve as an alternative to foster care placements and that the compensation to participating relatives or legal guardians is comparable to the compensation to foster care parents. Payments for the care of foster children (including foster adults) are exempt from income. Thus, during annual and/or interim reexamination of family income pursuant to 24 CFR § 960.257 for public housing and 24 CFR § 982.516 for Section 8 programs, kinship, Kin-GAP and similar state guardianship care payments are to be excluded from a household’s income under 24 CFR § 5.609(c)(2).  Additional information is provided in HUD’s notice regarding how Moving-to-Work agencies may treat these payments.

    Date of Publication:  January 6, 2012

    View the notice here.

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  • Jonathan Zimmerman December 29, 2011 11:53am EST

    Summary:  HUD's notice (PIH Notice 2011-68) reinstates PIH Notice 2010-49 regarding "Protecting Tenants at Foreclosure Act."  Procedures contained within PIH Notice 2010-49 remain in effect until the statutory provisions sunset on December 31, 2014.

    Date of Publication:  December 16, 2011

    View the notice here.

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  • Jonathan Zimmerman December 12, 2011 09:59am EST

    Summary:  HUD's Notice (PIH Notice 2011-67) announces the implementation of new cash management requirements and procedures for the disbursement by HUD of Housing Assistance Payments (HAP) funds provided to public housing agencies (PHA) under the Housing Choice Voucher (HCV) program.

    Date of Publication:  December 9, 2011

    View the notice here.

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  • Jonathan Zimmerman December 08, 2011 12:32pm EST

    Summary:  HUD's Notice (PIH Notice 2011-66) provides Public Housing Agencies (PHAs) with updated information on the most current extension of the DHAP- Ike program. Modifications have been made which will change the PHAs’ administration of the program. The information provided in this notice will supersede the guidance provided in the following notices: PIH 2008-38, PIH 2008-45, PIH 2010-22, and PIH 2011-35.

    HUD's Notice also sets forth amendments to the Extension Operating Requirements, which establish the policies and procedures for the October 2011 DHAP-Ike Extension, as authorized by Inter-Agency Agreement (IAA) Number HSFEHQ-08-X-1760, Modification 18.  The program was scheduled to end on September 30, 2011, but was extended for the final time with an absolute termination date no later than January 31, 2012. Any PHA that agrees to administer the DHAP-Ike Extension must do so in accordance with these extension requirements, the original DHAP-Ike operating requirements (originally established with
    Notice PIH 2008-38), and any subsequent HUD directives and guidance for the program.

    Date of Publication:   December 7, 2011

    View the notice here.

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  • Jonathan Zimmerman December 02, 2011 01:23pm EST

    Summary:  HUD’s notice (PDR-2012-02) transmits revisions in the income limits used to define the terms "very low-income" and "low-income" in accordance with Section 3(b)(2) of the United States Housing Act of 1937, as amended. These income limits are listed by dollar amount and family size.

    Beginning with FY 2010 Income Limits published on May 14, 2010, HUD eliminated its long standing “hold harmless” policy1 but limited all annual decreases to 5 percent and all annual increases to 5 percent or twice the change in the national median family income, whichever is greater. HUD has maintained these limits to increases and decreases in income limits for FY 2012.

    HUD Section 8 Income Limits begin with the production of Median Family Income (MFI) estimates. HUD uses the Section 8 program’s Fair Market Rent (FMR) area definitions in developing MFIs, which means that income estimates are developed for each metropolitan area, parts of some metropolitan areas, and each non-metropolitan county. HUD calculates Section 8 Income Limits for every FMR area with adjustments for family size and for areas that have unusually high or low income-to-housing-cost relationships.

    Date of Publication:  December 1, 2011

    Tables for Income Limits, as well as HUD’s answers to “Frequently Asked Questions” are available at: http://www.huduser.org/portal/datasets/il/il12/index.html

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  • Jonathan Zimmerman December 02, 2011 10:26am EST

    Summary:  The purpose of HUD's notice is to extend Notice PIH 2010-25 (with a significant revision to section 4.A. and minor changes to section 4.B.) which established timeframes for timely reporting of the Family Report (form HUD-50058) into the Public and Indian Housing Information Center (PIC), explained PIC modifications and clarified Family Self-Sufficiency (FSS) reporting requirements. Section 4.A. has been revised to only require reporting of issuance of voucher (action code 10) for new admissions and portability move-ins.  The purpose of this change is to relieve public housing agencies (PHA) of the administrative burden of submitting reports on families that have been issued a voucher, but may not necessarily move. Changes to section 4.B. are related to certain fields of the form HUD-50058 that require completion. The Department places great importance on the data it receives from PIC. The Department relies on PHAs to submit accurate, complete and timely data to administer, monitor and report on the management of its rental assistance programs. In order to fully justify its budget requests to Congress, the Department needs full cooperation from all PHAs in meeting their reporting requirements in a timely manner. The data from form HUD-50058 and form HUD-50058 Moving to Work (MTW) also assists the Department in responding to natural disasters and emergencies.

    Date of Publication:  November 30, 2011

    View the notice here.

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  • Jonathan Zimmerman November 09, 2011 11:39am EST

    Summary:  HUD published “Difficult Development Areas'' (DDAs) for purposes of the Low-Income Housing Tax Credit (LIHTC) under  Section 42 of the Internal Revenue Code of 1986 (IRC) (26 U.S.C. 42).  HUD makes new DDA designations annually. The designations of ``Qualified Census Tracts'' (QCTs) published October 6, 2009, remain in effect.  In addition to announcing the 2012 DDA designations, HUD is seeking public comment on whether it should use Small Area Fair Market Rents (FMRs), rather than Metropolitan-area FMRs, in future designations of metropolitan DDAs.  HUD’s comment due date is December 27, 2011.   

    Date of Issuance:   October 27, 2011

    View the notice here.  

    Please send your comments via www.regulations.gov as well as to NAHRO at:  policyresearch@nahro.org

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  • Jonathan Zimmerman November 09, 2011 11:02am EST

    Summary:  HUD’s notice requires public housing agencies (PHAs), their affiliates, instrumentalities, contract management and owner entities receiving HUD funding to obtain Dun and Bradstreet Numbering System (DUNS) numbers and to register in the Central Contractor Registration (CCR).

    PHAs must comply with the provisions of this Notice if they are recipients of HUD funding for PHA owned projects and/or are recipients of HUD funding pursuant to an annual contributions contract to administer any of the following programs: Public Housing, Housing Choice Vouchers (including the

    project-based certificate and voucher programs), the Section 8 Moderate Rehabilitation program, and the Moderate Rehabilitation Single Room Occupancy program PHAs receiving federal financial assistance under the American Recovery and Reinvestment Act of 2009 (ARRA) or seeking funds under a Notice of Funding Availability (NOFA) have already satisfied the requirement to obtain a DUNS number.

    Once a DUNS number is obtained, the CCR registering remains an annual requirement.

    Date of Issuance:  October 18, 2011

    View the notice here.

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