HUD Publishes Rule Implementing Additional HOTMA Voucher Provisions
By: Tushar Gurjal, Senior Policy Manager
On May 6, a pre-publication copy of a rule titled “Housing Opportunity Through Modernization Act of 2016—Housing Choice Voucher (HCV) and Project-based Voucher Implementation; Additional Streamlining Changes” was made publicly available in the Federal Register. This final rule implements a host of changes made by the Housing Opportunity Through Modernization Act of 2016 (HOTMA) to the HCV program—including the project-based voucher (PBV) program. In general, the effective date of the rule is 30 days after publication in the Federal Register, though there are certain provisions which have compliance dates which are 30, 90, 180, or one year after the effective date.
This rule impacts many provisions of the HCV program (including the PBV program. Major changes to programs include, but are not limited to, the following: use of Small Area Fair Market Rents in additional areas; changes in PHA plans (including 5-year and annual plans); changes to administrative plan requirements; changes to information received when a family is selected; changes in what occurs when a unit is not in compliance with inspections; other inspection related changes; certain definitional changes; revisions on how to calculate PBV portfolio caps; changes in PBV site selection standards; changes in requirements for when PBV environmental reviews must be completed; clarifications of what constitutes PHA-owned units; clarifications of units that are excepted from PBV program and project caps; revisions in the applicability of Davis-Bacon prevailing wages in the development of certain PBV projects; changes in the applicability of PBV HAP contracts; changes in when rent reasonableness must be redetermined; site-based waiting lists and certain other changes.
Staff at NAHRO are in the process of reading through the rule and members will receive more detailed information in the coming weeks. The pre-publication copy of the rule can be found here.