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HUD Policy for Amending Use Agreements for LIHPRHA Deals – October 28, 2016 (Notice H 2016-16)

November 2, 2016

HUD Policy for Amending Use Agreements for LIHPRHA Deals – October 28, 2016 (Notice H 2016-16) HUD published Notice H 2016-16 on October 28, 2016. This Notice provides guidance on the circumstances under which HUD may consider amended and…

HUD Implementation Guidance for Housing Opportunity Through Modernization Act of 2016

October 22, 2016

A. J. Johnson

In the October 24, 2016 Federal Register, HUD published initial implementation guidance for the Housing Opportunity Through Modernization Act of 2016 (HOTMA). President Obama signed HOTMA into law on July 29, 2016, but only certain parts of the law are…

2017 Social Security COLA Announced – October 18, 2016

October 18, 2016

A. J. Johnson

The federal government announced today that the Social Security Cost of Live Adjustment (COLA) for 2017 will be 0.3%. This means that there will be a very slight change in the Social Security income of SS recipients for the upcoming…

HUD Revises Previous Participation Certification Requirements, Final Rule – October 14, 2016

October 16, 2016

A. J. Johnson

On October 14, 2016, HUD published in the Federal Register a Final Rule, “Improving the Previous Participation Reviews of Prospective Multifamily Housing Program Participants.” This rule revises HUD regulations for review of Previous Participation Certifications (PPC) for certain participants…

Streamlining Administrative Regulations for Multifamily Housing Programs, Notice H-2016-09

October 16, 2016

A. J. Johnson

On October 3, 2016, HUD published Notice H-2016-09, relating to the streamlining of Administrative Regulations for Multifamily Housing (and some medically related) Programs. This memo relates only to the portions of the Notice relating to multifamily housing. The full streamlining…

Participation of Faith-Based Organizations in HUD Programs

October 15, 2016

A. J. Johnson

I received a call recently regarding the rights of a faith-based organization operating an apartment community when HUD funding is present at the community. The issue is important enough that I believe other clients may benefit from a general review…

HUD Notice H 2016-10; Reminder of Lead-Based Paint Requirements

October 13, 2016

A. J. Johnson

On October 3, 2016, HUD published Notice H 2016-10, Reminder of Requirements Pertaining to Lead-Based Paint Inspection and Disclosure Forms, and Notification of Upcoming Inspections. As stated in the Notice, exposure to lead remains a major environmental health problem…

HUD Office of General Counsel Guidance on Local Nuisance and Crime-Free Housing Ordinances – September 13, 2016

October 3, 2016

A. J. Johnson

On September 13, 2016, the HUD General Counsel issued guidance on the application of the Fair Housing Act (FHA) to the enforcement of Local Nuisance and Crime Free Housing Ordinances against crime victims and others who require police or emergency…

Quid Pro Quo Harassment – HUD Final Rule – September 14, 2016

October 3, 2016

A. J. Johnson

Quid Pro Quo Harassment – HUD Final Rule – September 14, 2016 On September 14, 2016, HUD published a final rule in the Federal Register – Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices…

HUD Notice on Revised Independent Student Rules, September 21, 2016

October 1, 2016

A. J. Johnson

HUD published a Notice in the September 21, 2016 Federal Register, effective immediately, revising the rules regarding eligibility of independent students for Section 8 housing. Background The final rule establishing eligibility of students for Section 8 assistance was…

HUD Proposed Rule – Lead Based Paint Hazards

September 24, 2016

A. J. Johnson

HUD published a proposed rule in the September 1, 2016 Federal Register titled “Requirements for Notification, Evaluation, & Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property & Housing Receiving Federal Assistance; Response to Elevated Blood Levels.” The…

HUD Update on HOME Utility Allowance Requirements – August 2016

September 18, 2016

A. J. Johnson

The 2013 HOME Final Rule established revised utility allowance requirements for the HOME Program. HUD Community Planning & Development recently provided updated guidance on the timeframe for implementation of the final rule and acceptable methodologies relative to the determination of…

Family Self Sufficiency Program for Multifamily Housing

September 10, 2016

A. J. Johnson

HUD issued Notice H-2016-08 on August 26, 2016. This Notice relates to the Family Self Sufficiency (FSS) Program in Multifamily Housing. FSS is a HUD program that provides incentives and support to families in MF assisted housing to increase their…

HUD Issues New Guidance on Multifamily Utility Allowance Determination

September 7, 2016

A. J. Johnson

HUD has provided updated information to HUD Notice H-2015-04, Methodology for Completing a Multifamily Housing Utility Allowance. The additional information relates to six areas of the original HUD Notice. Baseline Analysis Owners/Agents (O/A) are required to submit documentation…

Potential Impact on LIHTC Projects from The Housing Opportunity Through Modernization Act of 2016

July 30, 2016

A. J. Johnson

Potential Impact on LIHTC Projects from The Housing Opportunity Through Modernization Act of 2016 Congress recently passed the Housing Opportunity Through Modernization Act of 2016. While many of the changes brought about by the Act apply only to Public Housing…

Avoiding Discrimination Based on Sex in Housing

July 25, 2016

A. J. Johnson

Avoiding Discrimination Based on Sex in the Provision of Housing Federal law did not prohibit sex discrimination in housing until 1974, when a non-controversial provision of the Housing and Community Development Act of 1974 added “sex” as a…

Verification of Cash Payments

July 6, 2016

A. J. Johnson

Verification of income from employment is usually just a matter of obtaining a written verification of income from the employer or the most recent four to six consecutive pay stubs from the applicant. However, in some cases, persons are paid…

Child Support Pass-Through and Disregard Policies for Public Assistance Recipients

June 26, 2016

A. J. Johnson

Child Support Pass-Through and Disregard Policies for Public Assistance Recipients Under federal law, families receiving public assistance, known as Temporary Assistance for Needy Families (TANF), must cooperate with child support establishment and enforcement efforts. In addition, TANF recipients…

HUD Updates Two Forms – 92006 and 9834

June 21, 2016

A. J. Johnson

HUD has recently updated two forms that are required for properties with HUD assistance, the HUD Form 92006 and Form 9834. The Form 92006 – Supplement to Application for Federally Assisted Housing contains an updated expiration date of February…

Preservation and Recapitalization of Section 236 Properties

June 18, 2016

A. J. Johnson

Preservation and Recapitalization of Section 236 Properties The Section 236 Program was created by Congress in 1968 and was designed to involve the private sector in the creation of affordable rental housing. Market rate lenders provide loans that are…

Updated REAC Guidance – May 23, 2016

May 25, 2016

A. J. Johnson

HUD has released a document titled “UPCS Guidance & Protocol Clarification.” This guidance was effective on May 23, 2016, and changes some of the prior guidance inspectors followed during REAC inspections. Primary changes/clarifications are as follows: HUD has clarified that…

HUD Announces Housing Trust Fund Awards – May 5, 2016

May 5, 2016

A. J. Johnson

On May 5, 2016, HUD published a notice in the Federal Register announcing the fiscal year 2016 Funding Awards for the Housing Trust Fund HTF). HUD had originally estimated that $120 million would be allocated in 2016, but this notice…

Revision of Tenant Participation Requirements, HUD Notice H 2016-05

April 17, 2016

A. J. Johnson

Revision of Tenant Participation Requirements, HUD Notice H 2016-05 On March 31, 2016, HUD published Notice H 2016-05, Revision of Tenant Participation Requirements. This notice restates requirements originally issued in Notice H 2014-12 and revises penalties for non-compliance.…

Defining “Principal Residence” for Affordable Housing Purposes

March 13, 2016

A. J. Johnson

Defining “Principal Residence” for Affordable Housing Purposes Virtually all affordable housing programs, including Section 8 and the Low-Income Housing Tax Credit (LIHTC), require that the lessees of the unit use apartments being rented under the applicable program as a…

HUD Publishes Major Rule Changes for Public Housing, Housing Choice Voucher and Multifamily Housing Programs

March 7, 2016

A. J. Johnson

On March 3, 2016, HUD published in the Federal Register a new rule on Streamlining Administrative Regulations for Public Housing (PH), Housing Choice Voucher (HCV), Multifamily Housing (MFH) and Community Planning & Development (CPD) Programs. The Department of Housing…

Airbnb and Affordable Housing

March 5, 2016

A. J. Johnson

Airbnb: A Potential Challenge for Affordable Housing Properties Airbnb is a website for people to list, find, and rent lodging. It has over 1.5 million listings in 190 countries. Users of the system must register and create an online…

HUD Funding Demonstration Program for Housing for the Elderly

February 28, 2016

A. J. Johnson

The Department of Housing & Urban Development (HUD) recently announced the availability of funding of approximately $15 million under the Department’s Supportive Services Demonstration for Elderly Households in HUD-Assisted Multifamily Housing. Funds obtained under this Notice must be used to…

Cash for Rent – Can Apartment Communities Refuse

February 15, 2016

A. J. Johnson

Cash for Rent – Can Apartment Communities Refuse? It has long been considered a “best practice” in the multifamily housing world not to accept cash rent payments. There are many good reasons not to accept rent payments in cash,…

Boosting Rent (and Therefore Value) for Apartments Through Design and Improvements

February 14, 2016

A. J. Johnson

Boosting Rent (and Therefore Value) for Apartments Through Design and Improvements Whether purchasing or renting, the nation’s 75 million Millennials have strong opinions about what they expect in terms of housing. This age group (mid-20s to mid-3os) constitutes a…

HUD Changes REAC Protocol Regarding Units with Bedbugs

February 7, 2016

A. J. Johnson

On January 21, 2016, HUD issued Inspector Notice No. 2016-01, “UPCS Inspector Protocol Bed Bug Infestation.” The Notice was effective on February 1, 2016, and applies to all properties that are subject to UPCS physical inspections. In states that…

Guidance

HUD Policy for Amending Use Agreements for LIHPRHA Deals – October 28, 2016 (Notice H 2016-16)

HUD Implementation Guidance for Housing Opportunity Through Modernization Act of 2016

2017 Social Security COLA Announced – October 18, 2016

HUD Revises Previous Participation Certification Requirements, Final Rule – October 14, 2016

Streamlining Administrative Regulations for Multifamily Housing Programs, Notice H-2016-09

Participation of Faith-Based Organizations in HUD Programs

HUD Notice H 2016-10; Reminder of Lead-Based Paint Requirements

HUD Office of General Counsel Guidance on Local Nuisance and Crime-Free Housing Ordinances – September 13, 2016

Quid Pro Quo Harassment – HUD Final Rule – September 14, 2016

HUD Notice on Revised Independent Student Rules, September 21, 2016

HUD Proposed Rule – Lead Based Paint Hazards

HUD Update on HOME Utility Allowance Requirements – August 2016

Family Self Sufficiency Program for Multifamily Housing

HUD Issues New Guidance on Multifamily Utility Allowance Determination

Potential Impact on LIHTC Projects from The Housing Opportunity Through Modernization Act of 2016

Avoiding Discrimination Based on Sex in Housing

Verification of Cash Payments

Child Support Pass-Through and Disregard Policies for Public Assistance Recipients

HUD Updates Two Forms – 92006 and 9834

Preservation and Recapitalization of Section 236 Properties

Updated REAC Guidance – May 23, 2016

HUD Announces Housing Trust Fund Awards – May 5, 2016

Revision of Tenant Participation Requirements, HUD Notice H 2016-05

Defining “Principal Residence” for Affordable Housing Purposes

HUD Publishes Major Rule Changes for Public Housing, Housing Choice Voucher and Multifamily Housing Programs

Airbnb and Affordable Housing

HUD Funding Demonstration Program for Housing for the Elderly

Cash for Rent – Can Apartment Communities Refuse

Boosting Rent (and Therefore Value) for Apartments Through Design and Improvements

HUD Changes REAC Protocol Regarding Units with Bedbugs

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