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Significant New Housing Law Ready for President’s Signature

July 20, 2016

On July 14, 2016, the U.S. Senate passed HR 3700, the Housing Opportunity Through Modernization Act of 2016. It is expected that the President will sign the Act into law shortly at which time the statute will be sent to…

HUD Proposed Rule on Small Area Fair Market Rents – June 16, 2016

June 25, 2016

A. J. Johnson

In the June 16, 2016, Federal Register, HUD published a proposed rule titled, “Establishing a More Effective Fair Market Rent System; Using Small Area Fair Market Rents in Housing Choice Voucher Program Instead of the Current 50th Percentile FMRs.” …

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…

HUD Demonstration Program on Housing Choice Voucher Physical Inspections

May 29, 2016

A. J. Johnson

On April 27, 2016, HUD published in the Federal Register a “Notice of Demonstration to Test Proposed New Method of Assessing the Physical Conditions of Voucher-Assisted Housing.” Through this Notice, HUD is seeking comments on a demonstration designed to…

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…

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.…

HUD Publishes 2016 Income Limits

March 28, 2016

A. J. Johnson

On March 28, 2016, HUD published the 2016 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits for the LIHTC and Bond projects are published separately from the limits…

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…

National Housing Trust Fund Money Now Available

March 6, 2016

A. J. Johnson

National Housing Trust Fund The National Housing Trust Fund (NHTF) was established as part of HERA 2008, and will provide communities with funds to build, preserve and rehabilitate rental homes that are affordable for extremely low and very low-income…

HUD Advanced Notice of Proposed Rule Making – Strenthening Oversight of Over-Income Tenancy in Public Housing

February 12, 2016

A. J. Johnson

HUD is considering a rule to ensure that households in public housing continue to need housing assistance after admission. This potential rule was prompted by a HUD Office of Inspector General (OIG) report stating that of 1.1 million families in…

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…

2016 HUD Imputed Interest Rate

January 19, 2016

A. J. Johnson

HUD published Notice 2016-01 on January 19, 2016, announcing that the passbook savings rate effective February 1, 2016, will remain at .06%. The notice applies to all Project-Based Section 8 programs, Section 101 Rent Supplement Program, Section 202 Programs, Section…

Rent to Own vs. Seller Financing

January 15, 2016

A. J. Johnson

The Difference Between “Seller Financing” and “Rent-to-Own” Chapter Five of HUD Handbook 4350.3, Chg. 4 outlines various requirements relative to the determination of value and income for assets. One of the more unusual assets managers of affordable housing developments…

Affirmatively Furthering Fair Housing Assessment Tool – Announcement of Final Approved Document, December 31, 2015

January 10, 2016

A. J. Johnson

On December 31, 2015, HUD issued a Notice in the Federal Register announcing the final approved Affirmatively Furthering Fair Housing Assessment Tool. This is the Assessment Tool to be used by local governments that receive Community Development Block Grants (CDBG),…

Proposed Bill Would Require Eviction of Over-Income Public Housing Tenants

December 13, 2015

A. J. Johnson

Representative Bradley Byrne (R-AL) has introduced HR 4133, a bill that would require removal of public housing tenants whose income after move-in exceeds the qualifying income limits. The proposed “Public Housing Accountability Act” was introduced on November 30, 2015 and…

HUD Final Rule Defining “Chronically Homeless”

December 13, 2015

A. J. Johnson

On December 4, 2015, HUD published a final rule titled “Homeless Emergency Assistance and Rapid Transition to Housing: Defining “Chronically Homeless.” This final rule establishes the definition of “chronically homeless” that will be used in HUD’s Continuum of Care…

Amendment to the HUD Definition of Tuition, Notice H 2015-12

December 2, 2015

A. J. Johnson

Amendment to the HUD Definition of Tuition, Notice H 2015-12 HUD published Notice H 2015-12 on November 18, 2015, amending the definition of tuition as it relates to both HUD Multifamily Housing programs and Public and Indian Housing (PIH)…

HUD Notice Regarding Exclusion of Use of Arrest Records for Housing Decisions, Notice 2015-10

November 29, 2015

A. J. Johnson

On November 2, 2015, HUD issued Notice H 2015-10, Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions. The purpose of this Notice is to inform PHAs…

Smoke Free Public Housing – HUD Proposed Rule

November 25, 2015

A. J. Johnson

Smoke Free Public Housing – HUD Proposed Rule, November 17, 2015 On November 17, 2015, HUD published a proposed rule in the Federal Register that would require all public housing agencies (PHAs) that administer public housing to implement a…

Unauthorized Distribution of Project Funds – HUD Announcement, November 2015

November 23, 2015

A. J. Johnson

The Department of Housing & Urban Development (HUD) recently sent a series of emails and published newsletters issuing announcements regarding restrictions on the distribution of project assets. The announcements were sent at the request of the HUD Office of Inspector…

No Increase in 2016 Social Security Rates

October 15, 2015

A. J. Johnson

The federal government announced today that the Social Security Cost of Living Adjustment (COLA) for 2016 will be zero. This means that there will be no change in the Social Security income of SS recipients for the upcoming year. Owners…

Revisions to Public Housing Flat Rents – Interim Rule, September 8, 2015

September 26, 2015

A. J. Johnson

The Department of Housing and Urban Development (HUD) published in Interim Rule in the September 8, 2015 Federal Register, titled “ Streamlining Administrative Regulations for Public Housing: Revisions to Public Housing Flat Rents.” This interim rule amends HUD regulations…

HUD Clarification on HOME Rental Requirements

September 10, 2015

A. J. Johnson

HUD recently provided guidance on components of the HOME program that have raised questions. Following are the clarifications that apply to the use of HOME funds with multifamily housing. HOME funds cannot be used in public housing units that receive…

RAD – Revised Program Notice PIH-2012-32, REV-2

July 6, 2015

A. J. Johnson

On June 26, 2015, HUD published a Notice in the Federal Register revising some of the rules of the Rental Assistance Demonstration (RAD) Program. HUD’s original notice on the program was published on June 26, 2012. The RAD program provides…

HUD Notice H-2015-04, Methodology for Completing a Multifamily Housing Utillity Allowance

June 29, 2015

A. J. Johnson

On June 22, 2015, HUD issued Notice H-2015-04, Methodology for Completing a Multifamily Housing Utility Analysis. The Notice provides instructions to owners and management agents for completing the utility allowance required at the time of the annual or special adjustment…

Verification of Social Security and Supplemental Security (SSI) Payments

April 11, 2015

A. J. Johnson

Verification of Social Security and Supplemental Security Income (SSI) Payments Managers of affordable housing properties (e.g., Section 8, LIHTC, Section 515, etc.) often struggle with the verification of income from Social Security (SS) or SSI. While verification of such…

HUD Notice Grants Authority to Transfer Rental Assistance, Debt, Use Restrictions Between Projects

April 4, 2015

A. J. Johnson

On March 31, 2015, HUD published a Notice in the Federal Register establishing the conditions under which HUD will approve a request for the transfer of project-based rental assistance, debt held or insured by HUD, statutorily required income-based use restrictions…

HUD to Publish Proposed VAWA Regulation

March 30, 2015

A. J. Johnson

HUD Secretary Julian Castro announced on March 25, 2015 that HUD’s proposed regulation implementing the Violence Against Women Act of 2013 (VAWA 2013) will shortly be published in the Federal Register. The rule will implement the VAWA 2013, which expands…

2015 Income Limits

March 7, 2015

A. J. Johnson

On March 6, 2015, HUD published the 2014 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits for the LIHTC and Bond projects are published separately from the limits…

HUD Memo Regarding Occupancy Protections for Residents in LIHTC Projects

January 20, 2015

A. J. Johnson

HUD Memo Regarding Occupancy Protections for Residents in LIHTC Projects On January 12, 2015, HUD sent a memorandum to HUD offices and contract administrators providing guidance on protection of tenants of HUD projects when Low-Income Housing Tax Credits (LIHTC)…

Other HUD Programs

Significant New Housing Law Ready for President’s Signature

HUD Proposed Rule on Small Area Fair Market Rents – June 16, 2016

Preservation and Recapitalization of Section 236 Properties

HUD Demonstration Program on Housing Choice Voucher Physical Inspections

Updated REAC Guidance – May 23, 2016

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

HUD Publishes 2016 Income Limits

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

National Housing Trust Fund Money Now Available

HUD Advanced Notice of Proposed Rule Making – Strenthening Oversight of Over-Income Tenancy in Public Housing

HUD Changes REAC Protocol Regarding Units with Bedbugs

2016 HUD Imputed Interest Rate

Rent to Own vs. Seller Financing

Affirmatively Furthering Fair Housing Assessment Tool – Announcement of Final Approved Document, December 31, 2015

Proposed Bill Would Require Eviction of Over-Income Public Housing Tenants

HUD Final Rule Defining “Chronically Homeless”

Amendment to the HUD Definition of Tuition, Notice H 2015-12

HUD Notice Regarding Exclusion of Use of Arrest Records for Housing Decisions, Notice 2015-10

Smoke Free Public Housing – HUD Proposed Rule

Unauthorized Distribution of Project Funds – HUD Announcement, November 2015

No Increase in 2016 Social Security Rates

Revisions to Public Housing Flat Rents – Interim Rule, September 8, 2015

HUD Clarification on HOME Rental Requirements

RAD – Revised Program Notice PIH-2012-32, REV-2

HUD Notice H-2015-04, Methodology for Completing a Multifamily Housing Utillity Allowance

Verification of Social Security and Supplemental Security (SSI) Payments

HUD Notice Grants Authority to Transfer Rental Assistance, Debt, Use Restrictions Between Projects

HUD to Publish Proposed VAWA Regulation

2015 Income Limits

HUD Memo Regarding Occupancy Protections for Residents in LIHTC Projects

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