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: Section 8

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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

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 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

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

In case you missed it … Recent HUD notices

Posted in Government-Assisted Housing, Policy, Public Housing, Section 8
Over the past month, HUD has published a number of administrative notices that cover a variety of matters for housing providers, particular for PHAs and others who administer project-based Section 8 assistance.  Below is a round-up of those notices. Privacy Protection Notice.  Notice PIH-2015-07 provides an overview of PHAs’ responsibilities for safeguarding personally identifiable information required by HUD.… Continue Reading

Congress hears testimony on public-private partnerships in affordable housing

Posted in FHA and GSE Financing, Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Policy, Public Housing, RAD, Section 8
Would private developers build affordable housing if there were no government subsidies? Rep. Mike Capuano (D-MA) and his colleagues explored that question and other topics during a House Financial Service Subcommittee hearing held last Thursday on private sector participation in affordable housing programs. The hearing covered a wide range of housing programs that help leverage… Continue Reading

HUD announces proposed rule implementing expanded Violence Against Women Act protections

Posted in FHA-Insured Financing, Government-Assisted Housing, Low Income Housing Tax Credits, Public Housing, Section 8
Last week, HUD has announced a proposed rule to implement protections arising under the Violence Against Women Reauthorization Act of 2103 (VAWA).  The reauthorization added a number of programs covered by VAWA, including: HOME Investment Partnerships program for rental housing; Section 202 supportive housing for the elderly; Section 236 Rental Program; Section 811 supportive housing for people… Continue Reading

HUD announces that temporary public housing and voucher regulatory relief will expire

Posted in Budget, Government-Assisted Housing, Policy, Public Housing, Section 8
HUD has announced that it will end the regulatory relief granted under Notice PIH 2013-03 as of the end of March 2015.  That relief, which HUD described in Notice PIH 2013-03 as “temporary,” allowed public housing agencies to: Use participants’ actual past income to verify incomes Allow households to self-certify as to having assets less… Continue Reading

The RAD cap is increased — now what?

Posted in FHA-Insured Financing, Government-Assisted Housing, RAD, Section 8
Before a robust crowd at the recent Best of the West in Affordable Housing Development and Finance conference sponsored by Ballard Spahr and CSG Advisors in San Francisco, the value and evolution of the U.S. Department of Housing and Urban Development (HUD) Rental Assistance Demonstration (RAD) program was a common point of discussion among panelists.… Continue Reading

Ballard Spahr provides comments to HUD’s proposed rule to streamline certain administrative regulations

Posted in Government-Assisted Housing, Legislative Initiatives, Multifamily, Policy, Section 8
As a follow up to our January 12, 2015 post, HUD published a proposed rule that seeks to alleviate administrative burdens and streamline requirements across the public housing, Section 8, and multifamily housing rental assistance programs. Many of HUD’s proposals stem from innovations implemented by Moving to Work (MTW) participants. The proposed rule makes these… Continue Reading

HUD clarifies how Davis-Bacon applies to Project-Based Voucher and RAD Programs

Posted in Government-Assisted Housing, Public Housing, RAD, Section 8
On March 9, 2015, U.S. Department of Housing and Urban Development (HUD) published a new notice pertaining to the applicability of Davis-Bacon labor requirements to housing considered to be “existing” housing under the project-based voucher (PBV) program (the Notice).  The notice supplements HUD’s June 25, 2014 final rule that amended the PBV regulations as well… Continue Reading

Please join us for the fifth annual Western Housing Conference

Posted in Budget, Community Development, Enforcement, Fair Housing, FHA and GSE Financing, FHA-Insured Financing, Government-Assisted Housing, GSE Financing, Housing Bonds, Legislative Initiatives, Multifamily, Policy, Public Housing, RAD, Section 8, Single-Family, Tax Credits, Tax Reform, Tax-Exempt Bonds
Several exciting developments have recently brought changes to the affordable housing industry and we are inviting you to explore them with us at our fifth annual Western Housing Conference. Ballard Spahr and CSG Advisors are pleased to announce this year’s Best of the West in Affordable Housing Development and Financing conference on March 13, in… Continue Reading

Affordable Housing Finance interviews Housing Plus’s Amy McClain about RAD’s future

Posted in Government-Assisted Housing, Legislative Initiatives, Low Income Housing Tax Credits, Policy, Public Housing, RAD, Section 8
In an interview with Affordable Housing Finance, Amy M. McClain (one of our bloggers!) was among industry leaders interviewed about the impact of HUD’s Rental Assistance Demonstration (RAD) program.  While the article profiled the Cambridge (MA) Housing Authority and its closing of the first tranche of a portfolio-wide conversion, the article also assessed the prospects for RAD.  Amy offers insights… Continue Reading

HUD RAD team conducts focus group sessions with stakeholders

Posted in FHA and GSE Financing, FHA-Insured Financing, Government-Assisted Housing, GSE Financing, Public Housing, RAD, Section 8
Today, HUD hosted a focus group of nearly a dozen key stakeholders to gain insights about the RAD process.  I had the opportunity to participate in the sessions along with housing authority representatives, lenders, investors, private developers, financial advisors and other consultants.  Discussion questions explored issues extending from the RAD application process through to post-closing… Continue Reading

HUD Multifamily provides guidance on marijuana use in assisted housing

Posted in Enforcement, Government-Assisted Housing, Policy, Public Housing, Section 8
On December 29, 2014, Benjamin Metcalf, HUD Deputy Assistant Secretary for Multifamily Assisted Properties, issued a memo to HUD Multifamily directors and contract administrators clarifying the impact of medical marijuana use on the admissions process and ongoing occupancy of Multifamily assisted properties located in states that have decriminalized marijuana.  The Metcalf memo echoes similar guidance issued by… Continue Reading