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: Public Housing

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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

In Case You Missed It: A Recap of Recent HUD Activity

Posted in Community Development, Fair Housing, Government-Assisted Housing, Policy, Public Housing, RAD, Section 8
HUD has been quite active this month publishing a variety of new rules and housing notices. The following is a list of some of HUD’s most recent guidance. PIH Notice 2016-18 (HA): Guidance on Full Flexibility for Eligible Small PHAs For certain public housing authorities (PHAs) with less than 250 public housing dwelling units, this… Continue Reading

HUD Publishes HOTMA Initial Implementation Notice

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Section 8
HUD has issued a Federal Register Notice offering initial implementation guidance for the Housing Opportunities through Modernization Act of 2016 (HOTMA) (Pub. L. 114-201). The notice highlighted both the HOTMA provisions that are self-implementing or otherwise already in effect, and outlined certain key HOTMA provisions that will require further action by HUD. In addition to the five… Continue Reading

HUD Issues Guidance on HOTMA’s Self- Implementing Provisions

Posted in Government-Assisted Housing, Public Housing, Section 8
The U.S. Department of Housing and Urban Development (HUD) recently issued this letter to public housing authority (PHA) Executive Directors regarding the five self-implementing portions of the Housing Opportunities through Modernization Act (HOTMA) (Pub. L. 114-201) that was signed into law on July 29, 2016. According to this guidance, which is also expected to be transmitted through… Continue Reading

Join us for our Eleventh Annual National Housing Conference in Washington, D.C.

Posted in Budget, Fair Housing, FHA and GSE Financing, Government-Assisted Housing, Housing Bonds, Legislative Initiatives, Policy, Public Housing, RAD, Section 8, Tax Credits
Ballard Spahr is committed to facilitating and leading the conversation within the affordable housing community, which makes us thrilled to announce our Eleventh Annual National Housing Conference in Washington, D.C., from November 3 to 4. This two-day, complimentary event features engaging discussions, panel presentations, special insights, and networking opportunities with the key influences and power… Continue Reading

HUD Issues Year-End Closing Deadlines for Mixed-Finance Deals

Posted in Government-Assisted Housing, Public Housing
The U.S. Department of Housing and Urban Development (HUD) recently issued a memo outlining its processing schedule for mixed-finance projects targeted to close by the end of 2016. According to HUD’s Office of Public Housing Investments, parties wishing to close a mixed-finance transaction by December 31, 2016 must: Submit a complete Development Proposal by November… Continue Reading

Housing Opportunities through Modernization Act of 2016 (HOTMA) Signed into Law

Posted in Government-Assisted Housing, Legislative Initiatives, Public Housing, Section 8
On July 29, 2016, President Obama officially signed H.R. 3700- Housing Opportunities through Modernization Act of 2016 (“HOTMA”). Our previous blog post highlighted some of HOTMA’s most significant changes to the current housing choice voucher program. The Section 8 and public housing components of the bill will become effective upon the issuance of notice or other regulation from… Continue Reading

President Obama to sign Housing Opportunities through Modernization Act of 2016

Posted in Government-Assisted Housing, Legislative Initiatives, Public Housing, Section 8
On July 19, 2016, bill H.R. 3700, more commonly known as the Housing Opportunities through Modernization Act of 2016 (“HOTMA”), was presented to President Obama for signature after being unanimously approved by the U.S. Senate on July 14th. First introduced in October 2015, the bipartisan bill previously passed in the U.S. House of Representatives back… Continue Reading

Ballard Spahr provides comments on HUD’s Advance Notice of Proposed Rulemaking on Over-Income Families in Public Housing

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing
On March 4, 2016, Ballard Spahr submitted comments to the U.S. Department of Housing and Urban Development (HUD) Advance Notice of Proposed Rulemaking (ANPR) regarding over-income families in public housing. The comments addressed the importance of retaining existing public housing authority (PHA) regulatory discretion, inconsistency between the ANPR and other HUD program initiatives, benefits of… Continue Reading

Comments due March 4th on HUD’s Proposed Rulemaking on Over-Income Public Housing Tenants

Posted in Government-Assisted Housing, Policy, Public Housing, Uncategorized
On February 3, 2016, HUD published a notice in the Federal Register to announce that “it is considering rulemaking to ensure that individuals and families residing in HUD public housing in fact continue to need housing assistance from HUD after admission.” HUD cites the July 2015 report by its Office of the Inspector General, which… Continue Reading

HUD publishes final Affirmatively Furthering Fair Housing Assessment Tool

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives, Public Housing
On December 31, 2015, the U.S. Department of Housing and Urban Development (HUD) announced the availability of the Affirmatively Furthering Fair Housing (AFFH) Assessment Tool. The AFFH Assessment Tool is for use by local governments that receive CDBG, HOME, ESG, or HOPWA formula funding from HUD, and for joint and regional collaborations between (1) local… Continue Reading

OIG audit finds RAD risk assessment inadequate

Posted in Government-Assisted Housing, Policy, Public Housing, RAD
The HUD Office of Inspector General (the “OIG”) recently released an audit of the front-end assessment (“FERA”) undertaken for the Rental Assistance Demonstration’s (the “Demonstration”) first, or public housing, component. A FERA is a formal review by the applicable program office to determine a new program’s susceptibility to waste, fraud, abuse, and mismanagement and to… Continue Reading

HUD issues final rule modifying portability process in HUD’s Housing Choice Voucher Program

Posted in Community Development, Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Supportive Services
Effective September 21, amendments to HUD’s Housing Choice Voucher (HCV) Program – the government’s largest program for assisting low-income, elderly, and disabled populations in the private housing market – will change the portability process. Portability enables a voucher holder to use the voucher assistance to move outside of the jurisdiction of the public housing authority (HA)… Continue Reading

Elements of RAD — transfers of assistance

Posted in Government-Assisted Housing, Policy, Public Housing, RAD
For the next blog installment summarizing a key element discussed during Ballard Spahr’s recent RAD webinar, following is an overview of the special conditions that apply to the transfer of assistance from an existing public housing site to a new property.  Generally, the HUD Notice PIH 2012-32, REV-2 (RAD Notice) applies the following to any transfer of assistance: the… Continue Reading

Office of Inspector General challenges HUD policy regarding public housing for over-income families

Posted in Community Development, Government-Assisted Housing, Policy, Public Housing
The Office of Inspector General (OIG) recently released an audit report of HUD examining the extent to which over-income families have been residing in public housing units. “Over-income” means the families were eligible low- income families at the time they were admitted to public housing but their incomes have increased above 80% of area median income… Continue Reading

Elements of RAD discussed during the Ballard Spahr webinar

Posted in Government-Assisted Housing, Public Housing, RAD
A number of essential points arising under HUD’s Notice PIH 2012-32, REV-2  were discussed during Ballard Spahr’s webinar, HUD’s Revised RAD Notice — What it Means for Closed and Future Projects.  As a follow-up to the webinar, Housing Plus will be posting a series of blogs summarizing key points of discussion about the RAD Notice.  Our first addresses… Continue Reading

DOJ provides guidance on service animal accommodation for housing and beyond

Posted in Community Development, Fair Housing, Policy, Public Housing, Supportive Services
According to a recent Department of Justice (DOJ) settlement, some pets are allowed in the house. HUD filed and settled a civil rights lawsuit against RiverBay Corporation, a New York City-based affordable housing cooperative manager that owns and operates 15,372 residential units – the largest housing cooperative in the country, claiming the company maintained no-pets… Continue Reading

Requirements schedule for closing RAD transactions in CY 2015

Posted in FHA and GSE Financing, FHA-Insured Financing, Government-Assisted Housing, Public Housing, RAD
For efficient closing of RAD transactions by December 31, 2015, public housing authorities and developers should remain mindful of the Office of Recapitalization’s recently released processing deadlines. Planning ahead and incorporating the following issuance dates into operating schedules will help ensure your projects advance in a timely manner: Upload all required Financing Plan documents no… Continue Reading

HUD issues final rule on Affirmatively Furthering Fair Housing

Posted in Community Development, Fair Housing, Government-Assisted Housing, Policy, Public Housing
Today, HUD issued the  final rule on Affirmatively Furthering Fair Housing (AFFH), which represents HUD’s effort to provide guidance and standards for HUD grantees to comply with AFFH. The final rule requires cities, housing authorities, and other jurisdictions that receive HUD funds to conduct local analysis of HUD-provided data about racial and ethnic poverty statistics,… Continue Reading

The U.S. Supreme Court decides 5-4: disparate-impact liability is cognizable under the Fair Housing Act

Posted in Community Development, Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Supportive Services
In a 5-4 decision today, the U.S. Supreme Court recognized that disparate-impact claims maintain adjudication viability under the Fair Housing Act (FHA). Justices Kennedy, Ginsberg, Breyer, Sotomayor, and Kagan provided the majority opinions, while Chief Justice Roberts and Justices Alito, Scalia, and Thomas wrote dissenting opinions. The majority opinion is available here. The Court acknowledges… Continue Reading

Action Needed – FY 2016 Appropriations Bill may cut HOME program funding by 93%

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing
The Fiscal Year 2016 Transportation, Housing and Urban Development, and Related Agencies (THUD) Subcommittee has proposed critical markups to the Year 2016 Appropriations Bill. One of the most dramatic funding cuts all but eliminates the HOME Investment Partnerships Program (HOME), a highly utilized, flexible, and dependable block grant program that funds affordable housing rehabilitation, building,… Continue Reading