Housing Plus

Housing Plus

Guidance and legal insight for all aspects of housing and community development

By the Housing Group at Ballard Spahr

Category Archives: Government-Assisted Housing

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The OIG issues dozens of new audit reports

Posted in Community Development, Government-Assisted Housing, Policy, Public Housing, Section 8
Construction SignJust in time for the end of the federal fiscal year (September 30), the HUD Office of Inspector General (OIG) issued a flurry of internal and external audit reports over the last few weeks on a wide variety of topics. They include: CDBG disaster grant administration issues, including criticism of HUD’s guidance and oversight on… Continue Reading

HUD Reminds RAD Participants of HAP Effective Date Flexibility

Posted in Low Income Housing Tax Credits, Policy, RAD
As we head into the fourth quarter, HUD sent out an e-mail reminder Friday afternoon about flexibility when establishing Housing Assistance Payments (HAP) contract effective dates in Rental Assistance Demonstration (RAD) transactions. The January 2017 revision to the RAD Notice at Section 1.13(B)(5) gives Project Owners the ability to establish a HAP contract effective date… Continue Reading

HUD Releases 2018 Qualified Census Tract & Difficult Development Area Designations

Posted in Government-Assisted Housing, Low Income Housing Tax Credits, Tax Credits
On September 11, 2017, HUD published a Notice designating the 2018 Qualified Census Tracts (QCTs) and Difficult Development Areas (DDAs) for the Low Income Housing Tax Credit (LIHTC) program. Qualified Census Tracts are those areas where either (1) 50% or more of the households have incomes below 60% of the area median gross income or (2)… Continue Reading

New RAD Notice of Increase in Cap and Rent Setting

Posted in Budget, Government-Assisted Housing, Policy, Public Housing, RAD, Section 8
Our friends at NAHRO have alerted us that a new RAD notice will be issued tomorrow, August 23, 2017. The notice requires PHAs who already submitted a RAD letter of interest to preserve their spot on the wait list to submit a RAD application within 60 days if they want to continue in the RAD program.… Continue Reading

OIG asks: Are CPD programs available to undocumented immigrants?

Posted in Community Development, Government-Assisted Housing, Policy, Public Housing, Section 8
House MazeToday, the HUD Office of Inspector General (OIG) published a bulletin indicating that it is unclear if undocumented immigrants have access to certain HUD Community Planning and Development (CPD) programs – namely the Housing for Persons with AIDS (HOPWA) and homeless assistance programs. The bulletin explains that undocumented immigrants do not typically have access to… Continue Reading

HUD issues report on worst case housing needs

Posted in Budget, Government-Assisted Housing, Policy, Public Housing, RAD, Section 8, Uncategorized
On August 9, HUD issued to Congress its 16th report on worst case housing needs in the United States, based on 2015 data.  Households with “worst case needs” are those that are very low income, do not receive government housing assistance and either pay more than 1/2 of their income for rent or live in… Continue Reading

Senate Committee on Appropriations Passes FY2018 THUD – A Step in the Right Direction for RAD and HUD Programs

Posted in Budget, Public Housing, RAD, Section 8
The Senate Committee on Appropriations unanimously voted on July 27, 2017 to approve its FY2018 Transportation, Housing and Urban Development (THUD) bill.  The bill eliminates the cap in the Rental Assistance Demonstration (RAD) program, which has been supported by Secretary Carson, and also removes RAD’s sunset date.  In addition to the advancements in RAD, some… Continue Reading

Ballard Spahr Honors Adrianne Todman

Posted in Community Development, Government-Assisted Housing
On July 12th, Ballard Spahr hosted a reception honoring Ms. Adrianne Todman and her new position as the Chief Executive Officer of the National Association of Housing and Redevelopment Officials (NAHRO). The event attracted over 50 predominantly female professionals in diverse affordable housing and community development practices across the nation. Prior to joining NAHRO, Ms. Todman served… Continue Reading

Implementation of the Housing Choice Voucher Program under the 2017 Appropriations Act

Posted in Budget, Government-Assisted Housing, Public Housing, Section 8
On June 28, 2017, HUD issued Notice PIH 2017-10 (HA) (the “Notice”) providing guidance on the implementation of the Housing Choice Voucher (“HCV”) program funding provisions of the Consolidated Appropriations Act, 2017 (the “2017 Act”). Under the 2017 Act, HUD received a total of $20,292,000,000 in funding for the Housing Choice Voucher program for the… Continue Reading

HUD Publishes Housing Trust FY 2017 Allocations

Posted in Budget, Legislative Initiatives, Uncategorized
The U.S. Department of Housing and Urban Development (“HUD”) released the Fiscal Year 2017 Housing Trust Fund (HTF) allocation amounts on June 20, 2017, setting forth the amounts awarded to each state or territory under the HTF.  The total HTF allocation for Fiscal Year 2017 is $219,168,373.94, including $12,702,747.00 in unallocated funds from Fiscal Year 2016. The… Continue Reading

HUD Secretary States: RAD – “We need to lift the cap”

Posted in Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Policy, Public Housing, RAD, Uncategorized
At the National Housing Conference 2017 Annual Policy Symposium on June 9, 2017, HUD Secretary Ben Carson delivered the keynote address and participated in a Q&A session with Chris Estes, President and CEO of NHC.  While much of the keynote address focused on homeownership issues, remarks made during the Q&A included such topics as the… Continue Reading

HUD Regulatory Reform

Posted in Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Section 8, Senior Housing
The new HUD administration has been pretty quiet on the regulatory front, with only a handful of regulations and notices issued since January. That may change soon. HUD is hard at work identifying regulatory changes that might be made to comply with Executive Order (EO) 13771, “Reducing Regulation and Controlling Regulatory Costs.”  The EO requires… Continue Reading

TOMORROW – June 1st – Revised RAD Forms Must Be Used

Posted in Public Housing, RAD, Section 8
Earlier in May, HUD received approval from the Office of Management and Budget of the final, revised form RAD documents. HUD had previously solicited two rounds of public comment as part of the Paperwork Reduction Act process.  Ballard’s comments to HUD’s first solicitation of comments can be found here and our comments to the second round here. The final,… Continue Reading

McClain Weighs in on Potential Effect of Trump Budget Cuts on Affordable Housing

Posted in Budget, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, RAD, Uncategorized
In an interview with U.S. News and World Reports on “The Future of Affordable Housing in the Trump Era,” Amy McClain, who leads Ballard Spahr’s government-assisted housing practice (and is a frequent Housing Plus blogger), cautions that while she doesn’t expect budget cuts to be as severe as those proposed, funding for affordable housing is under… Continue Reading

Housing Plus welcomes housing attorney Maia Shanklin Roberts to the blogging team

Posted in Community Development, Energy Tax Incentives, Government-Assisted Housing, Historic Tax Credits, Low Income Housing Tax Credits, Policy, Tax Credits
We are excited that Maia Shanklin Roberts has joined Ballard Spahr LLP and our Housing Plus team. Maia’s background is in community development. She worked with the Maryland Department of Housing and Community Development and the Citywide Coordinating Committee on Youth Violence Prevention in Washington, D.C. Maia is looking forward to bringing her keen insights about community development… Continue Reading

Ballard Spahr and CSG Advisors Host Another Informative Western Housing Conference

Posted in Budget, FHA and GSE Financing, FHA-Insured Financing, Government-Assisted Housing, GSE Financing, Legislative Initiatives, Policy, Public Housing, RAD, Tax Credits
Last week, Ballard Spahr in conjunction with CSG Advisors hosted its 7th Annual Western Housing Conference in Phoenix, Arizona. The Conference brought together a wide range of public and private housing professionals facilitating a dynamic conversation on current developments in government-assisted housing. The Conference opened with a “Washington Update” – a discussion on housing policy… Continue Reading

Administration’s OMB budget blueprint proposes 13% cut and elimination of many HUD programs

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing
  The Office of Management and Budget (“OMB”) released the Trump administration’s budget blueprint today, providing a general overview of the budget request it intends to present to Congress later this Spring.  As outlined, the blueprint calls for a 13.2% reduction through cutting over $6 billion in funding to the U.S. Department of Housing and Urban Development… Continue Reading

RAD closing deadlines for CY 2017

Posted in Government-Assisted Housing, Public Housing, RAD, Section 8
HUD’s Office of Recapitalization recently released a memo to all CHAP awardees setting forth closing deadlines for CY 2017 RAD transactions. Awardees should be especially  mindful of these intermediate deadlines to ensure that their RAD projects can be promptly processed.   Step Deadline to close by June 30, 2017 Deadline to close by Nov. 30, 2017 Deadline to close by Dec. 31,… Continue Reading

Regulatory comments due in March & other housing news updates

Posted in Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Section 8, Tax Credits, Tax Reform
Comments on the following HUD and housing related guidance are due this month. HOTMA implementation for Section 8 Voucher Programs – Due March 20, 2017 On January 18, 2017, HUD issued a proposed rule to implement certain sections of the Housing Opportunities through Modernization Act of 2016 (HOTMA) that affect the tenant-based Housing Choice Voucher… Continue Reading

Recap of HUD’s Early January Guidance

Posted in Government-Assisted Housing, Policy, Public Housing, RAD, Section 8
Earlier this month, the US Department of Housing and Urban Development (HUD) issued a number of final rules and notices as summarized below. Final Rules HUD Revises Lead-Based Paint Regulations Effective on February 3, 2017, HUD’s final rule amends the agency’s Lead Safe Housing Rule currently at 24 CFR Part 35. Changes to the lead-based… Continue Reading

HUD Publishes Further Revisions to RAD Notice

Posted in Community Development, Fair Housing, Government-Assisted Housing, Low Income Housing Tax Credits, Public Housing, RAD, Section 8, Tax Credits
In an announcement on January 12th, the U.S. Department of Housing and Urban Development (HUD) published a significant third revision to the Rental Assistance Demonstration (RAD) Notice (PIH 2012-32/ H 2017-03 Rev-3). According to HUD, the RAD notice was revised in order to maintain the increased pace of RAD transactions in a manner that is… Continue Reading

HUD Publishes Guidance on Disposition of Particular Public Housing Property

Posted in Public Housing, RAD
On November 29, 2016, HUD published Notice PIH 2016-20 (HA) on the subject 2 CFR 200.311(c)(1) Disposition Instructions for the Public Housing Agency (PHA) Retention of Certain Public Housing Real Property (that is no longer used or was never used for public housing dwelling purposes) Free from Public Housing Use Restrictions (the “Notice”).  The Notice… Continue Reading

HUD Activity – Week of November 28, 2016

Posted in Community Development, Enforcement, Government-Assisted Housing, Policy, Public Housing, Section 8
HUD Announces Nationwide Smoke-Free Policy in Public Housing The most talked about HUD development this week has been Secretary Castro’s announcement on Wednesday, November 30th that HUD will require all public housing developments to be smoke-free environments. By early February, public housing agencies (PHAs) must implement smoke-free policies that ban listed prohibited tobacco products from… Continue Reading