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Section 8

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Section 8

Small Area Fair Market Rents (SAFMRs)

February 26, 2017

Small Area Fair Market Rents (SAFMRs) HUD publishes fair market rents for all areas of the nation. Public Housing Agencies (PHAs) use fair market rents as a guideline when determining payment standards for the Housing Choice Voucher (HCV) program.…

Occupancy Rights of Domestic Violence Victims Who Are Not the Eligible Voucher Holder

February 25, 2017

Reminder to PHAs: Domestic Violence Victims May Have Occupancy Rights Even if They are not the Eligible Tenant Under the Voucher Program A recent court case (A. S. v. Been, January 2017) serves as a reminder to PHAs that…

VAWA Deadline Reminders

February 14, 2017

VAWA Deadline Reminders As I noted in a prior client memo, HUD has released four Model forms for use on HUD properties to ensure compliance with requirements of the Violence Against Women Act (VAWA). These model forms are Appendix…

HUD Final Rule on VAWA – November 16, 2016

November 21, 2016

The U.S. Department of Housing & Urban Development (HUD) final rule regarding the implementation of housing protections authorized in the Violence Against Women Reauthorization Act of 2013 (VAWA) was published in the Federal Register on November 16, 2016. In…

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…

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

October 16, 2016

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…

HUD 2017 Operating Cost Adjustment Factors Published – October 5, 2016

October 13, 2016

On October 5, 2016, HUD published a Notice of Certain Operating Cost Adjustment Factors (OCAF) for 2017. The Notice is effective for properties with Project-based rental assistance contracts under Section 8 with an anniversary date on or after February 11,…

Assistance to Non-Citizens in the Section 8 Program

October 12, 2016

Assistance to Non-Citizens in the Section 8 Program Section 214 of the Housing & Community Development Act of 1980 prohibited HUD from providing housing assistance to aliens unless they meet certain residency requirements. In 1996, Congress amended Section…

Compliance with HUD Live-in Aide Rules

October 10, 2016

Compliance with HUD Live-in Aide Rules Allowing a Live-in Aide for a disabled person is both a HUD and fair housing requirement. The definition of a live-in aide is a person who resides with one or more elderly…

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

October 1, 2016

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

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…

Family Self Sufficiency Program for Multifamily Housing

September 10, 2016

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

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…

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…

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

June 26, 2016

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

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…

Updated REAC Guidance – May 23, 2016

May 25, 2016

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 Publishes Section 8 Annual Adjustment Factors (AAF)

May 3, 2016

On April 3, 2016, HUD published in the Federal Register the 2016 Section 8 Housing Assistance Payments Program Annual Adjustment Factors (AAF). The factors are based on a formula using residential rent and utility cost changes from the most recent…

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

April 17, 2016

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

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

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…

HUD Funding Demonstration Program for Housing for the Elderly

February 28, 2016

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…

HUD Changes REAC Protocol Regarding Units with Bedbugs

February 7, 2016

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

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

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…

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

December 2, 2015

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

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…

Unauthorized Distribution of Project Funds – HUD Announcement, November 2015

November 23, 2015

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…

Short Term Rental Fees for Vouchers

October 19, 2015

In Velez v. Cuyahoga Metropolitan Housing Authority, 2015 U.S. App. Lexis 13265 (6th Cir. July 30, 2015), an appeals court ruled that fees for short-term rentals are considered rent and must be paid as part of the rent under the…

No Increase in 2016 Social Security Rates

October 15, 2015

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…

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