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Regulations, Notices and NOFAs

  • Notice of Proposed Fiscal Year (FY) 2012 Fair Market Rents (FMRs)
    Jonathan Zimmerman August 24, 2011 01:27pm EDT

    Summary:  The primary uses of FMRs areto determine payment standards for theHousing Choice Voucher (HCV) program, to determine initial renewalrents for some  expiring project-basedSection 8 contracts, to determine initial rents for housing assistance paymentcontracts in the Moderate RehabilitationSingle Room Occupancy program, and to serve as rent ceilings in the HOME program. HUD’s notice proposed FY 2012 FMRs for all areasthat reflect the estimated 40th and 50thpercentile rent levels trended to April 1,2012. The FY 2012 FMRs are re-benchmarked using five-year, 2005–2009 data collected by the American Community Survey (ACS). These dataare updated using one-year ACS data inareas where statistically valid one-yearACS data is available. The ConsumerPrice Index (CPI) rent and utilityindexes are used to further update thedata from 2009 to the end of 2010.

    The proposed FY 2012 FMR areas arebased on current Office of Managementand Budget (OMB) metropolitan areadefinitions and include HUDmodifications that were first used in thedetermination of FY 2006 FMR areas.Changes to the OMB metropolitan areadefinitions through December 2009 areincorporated. The bedroom ratiosdeveloped using 2000 Census datacontinue to be used and stateminimums, calculated each year fromthe estimated FMRs, continue to beapplied.

    This notice also includes HUD’sresponses to comments received on theMarch 9, 2011, (76 FR 12985), Federal Register notice (‘‘Trend Notice’’)seeking public comment regarding themanner in which HUD calculates atrend factor, the time period the trendfactor is applied in the FMR estimationprocess and related issues.

    HUD received four applications toparticipate in the Department’s Small Area FMRdemonstration. Theseapplications are being reviewed andinformation on the demonstrationprogram will be made available in anotice published at a later date. 

    Finally, in an effort to serve HUD’sexternal clients who use HUD’sestimates of Area Median FamilyIncome (MFI) and their associatedIncome Limits (IL), HUD is requestingcomments on a proposal to establish acertain date for publishing these parameters.

    Comments are due to HUD by September 19, 2011

    Date of Publication:  August 19, 2011

    View the notice here.

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    Fair Market Rent, FMR, HCV, HOME, Regulations, Notices and NOFAs
  • PIH Notice 2011-47: Transactions between Public Housing Agencies and their Related Affiliates and Instrumentalities
    Jonathan Zimmerman August 18, 2011 10:48am EDT

    Summary:  PIH Notice 2007-15 (HA) is extended until amended, superseded, or rescinded. HUD's notice provides guidance to public housing agencies (PHAs) regarding the creation and use of affiliates and instrumentalities in Public and Indian Housing programs under the United States Housing Act of 1937. Affiliates and instrumentalities may participate in mixedfinance developments subject to Annual Contributions Contract (ACC) amendments and other regulations. PHAs remain responsible for the submission of mixed-financing documentation; this responsibility may not be transferred to affiliates or instrumentalities.

    Date of Publication:  August 17, 2011

    View the notice here.

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    Affiliates, Instrumentalities, Regulations, Notices and NOFAs
  • PIH Notice 2011-46: PHA Determinations of Rent Reasonableness in the Housing Choice Voucher (HCV) Program
    Jonathan Zimmerman August 18, 2011 10:24am EDT

    Summary:  HUD's PIH Notice 2011-46 combines current relevant policy of PIH Notices 2009-51 and 2010-18 concerning rent reasonableness requirements in the Housing Choice Voucher (HCV) program and removes obsolete provisions of PIH Notice 2009-51 relative to the definition of assisted and unassisted housing.

    Date of Publication:  August 17, 2011

    View the notice here.

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    Regulations, Notices and NOFAs, Rent Reasonableness
  • PIH Notice 2011-45: Parameters for Local, Non-Traditional Activities under the Moving to Work Demonstration Program
    Jonathan Zimmerman August 18, 2011 10:17am EDT

    Summary:  HUD issued a notice that the Department states, "clarifies HUD policies, Federal statutes and regulations that apply to local, non-traditional activities implemented under the Moving to Work (MTW) demonstration program."

    Date of Publication:  August 15, 2011

    View the notice here.

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    Moving to Work, MtW, Regulations, Notices and NOFAs
  • Notice 2011-44: EPA Lead-Based Paint Renovation, Repair and Painting Rule, HUD Lead Safe Housing Rule & EPA-HUD Lead Disclosure
    Jonathan Zimmerman August 02, 2011 09:42am EDT

    Summary:  HUD’s notice (PIH Notice 2011-44) provides guidance to public housing agencies (PHAs) and Housing Choice Voucher (HCV) property owners and summarizes the regulations pertaining to lead-based paint under the Environmental Protection Agency’s ( EPA’s) Renovation, Repair and Painting (RRP) Rule at 40 CFR Part 745, and HUD’s regulations at 24 CFR Part 35, commonly known as the Lead Safe Housing Rule (LSHR) and the Lead Disclosure Rule (LDR). It also includes a description of EPA enforcement and fines, and provides PHAs with examples of possible compliance issues that PHAs should work to avoid. Additionally, PHAs must incorporate ongoing lead-based paint maintenance and reevaluation activities into regular building operations.

    Date of Publication:  July 29, 2011

    View the notice here.

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    Lead-Based Paint, Regulations, Notices and NOFAs
  • PIH 2011-38: Public Housing Development Cost Limits
    Tamar Greenspan July 21, 2011 09:59am EDT

    Summary:  The purpose of this Notice is to: a) Explain procedures for establishing public housing development cost limits; b) Explain procedures for the annual posting of TDC limits to the HUD website and notification to Public Housing Authorities (PHAs).

    Publication Date:  July 20, 2011
    Cross Reference: PIH Notice 2010-20

    View the notice here.

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    Regulations, Notices and NOFAs, TDC, total development cost
  • PIH 2011-37: Extension: Information and Procedures for Implementation of Capital Funds Recovery Competition Grants
    Tamar Greenspan July 21, 2011 09:52am EDT

    Summary:  This notice extends notice PIH-2010-34(HA) without change. This Notice remains effective until amended, superseded, or rescinded. This notice provides Public Housing Agencies (PHAs) and HUD Field Offices with processing information regarding the implementation of Capital Funds Recovery Competition (CFRC) grants as authorized by the American Recovery and Reinvestment Act of 2009 (“Recovery Act”). This notice applies to PHAs awarded a competition grant in one of the five categories established under the revised Notice of Funding Availability (NOFA) published on June 3, 2009.

    Publication Date:  July 13, 2011
    Cross Reference: PIH Notices 2011-04(HA), 2011-12(HA), and 2010-34(HA)

    View the notice here.

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    ARRA, Capital Fund, CFCF, Regulations, Notices and NOFAs
  • PIH 2011-36: Guidance on Energy Performance Contracts
    Tamar Greenspan July 21, 2011 09:34am EDT

    Summary:  This notice serves to reinstate and update the content of PIH Notice 2009-16 and provide supplementary guidance on financial incentives to promote energy conservation. This Notice remains effective until amended, superseded, or rescinded.

    http://www.hud.gov/offices/pih/programs/ph/phecc/eperformance.cfm

    Publication Date:  July 8, 2011
    Cross Reference: PIH Notice 2008-22, PIH Notice 2009-16

    View the notice here.

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    energy performance contract, EPC, green, Regulations, Notices and NOFAs
  • Extension: Consolidated Guidance on Disaster Housing Assistance Program - Ike (DHAP-Ike) and Extension Operating Requirements
    Jonathan Zimmerman July 06, 2011 09:11am EDT

    Summary:  HUD's Notice (PIH Notice 2011-35) extends PIH 2010-22 (HA) which is set to expire on June 30, 2011. Please note that most deadlines mentioned in the three Notices have elapsed (click links to access Notices: PIH 2008-38, PIH 2008-45, and PIH 2010-22).  HUD's notice remains effective until amended, superseded, or rescinded.  DHAP-Ike is a FEMA-HUD initiative administered by HUD’s network of public housing agencies (PHAs) to provide monthly rental assistance, case management services, security and utility deposit assistance for certain families displaced from their homes by Hurricanes Gustav or Ike. The subject Notice set forth amendments to the Extension Operating Requirements as authorized by Inter-Agency Agreement (IAA) Number HSFEHQ-08-X-1760, Modification 16. Because of a continuing need for housing assistance for families displaced by Hurricanes Gustav and Ike, the program has been extended until September 30, 2011.

    Date of Publication:  June 30, 2011

    View the notice here.

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    DHAP-Ike, Disaster Housing Assistance Program - Ike, Regulations, Notices and NOFAs
  • SAFE Mortgage Licensing Act: Minimum Licensing Standards and Oversight Responsibilities
    Jeff Falcusan June 30, 2011 10:53am EDT

    Summary: This final rule sets forth the minimum standards for the state licensing and registration of residential mortgage loan originators, requirements for operating the Nationwide Mortgage Licensing System and Registry (NMLSR), and HUD’s Federal oversight responsibilities pursuant to the Secure and Fair Enforcement Mortgage Licensing Act of 2008 (SAFE Act or Act), to ensure proper monitoring and enforcement of states’ compliance with statutory requirements. This 2008 law directs states to adopt loan originator licensing and registration requirements that meet the minimum standards specified in the SAFE Act.  

    In addition to codifying the minimum licensing standards and HUD’s oversight responsibilities under the SAFE Act, this rule also clarifies or interprets certain statutory provisions that pertain to the scope of the SAFE Act’s licensing requirements, and other requirements that pertain to the implementation, oversight, and enforcement responsibilities of the states. 

    Publication Date: June 30, 2011

    Effective Date: August 29, 2011

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    Regulations, Notices and NOFAs, SAFE Act
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