Housing Plus

Housing Plus

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

By the Housing Group at Ballard Spahr

Tag Archives: U.S. Department of Housing and Urban Development (HUD)

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 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

HUD proposes rule to streamline certain administrative regulations

Posted in Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, Section 8
Section 243 of the FY2014 Appropriations Act for the United States Department of Housing and Urban Development authorized certain statutory changes to the United States Housing Act of 1937. HUD issued notices implementing these changes on May 19, 2014, and June 25, 2014. This proposed rule published in the Federal Register on January 6, 2015, begins the… Continue Reading

With new notice, HUD confirms that Davis-Bacon requirements will not be enforced by HUD for most second component RAD projects approved prior to 2015

Posted in Government-Assisted Housing, Legislative Initiatives, Public Housing, RAD
On December 23, 2014, HUD issued a new notice clarifying its Davis-Bacon enforcement strategy for developments participating in the second component of the Rental Assistance Demonstration involving Rent Supplement and Rental Assistance Payments projects. While the initial legislation establishing RAD, the fiscal year 2012 appropriation bill, specifically requires Davis-Bacon compliance at all component 1 properties, the provisions of the legislation authorizing RAD’s second component are not… Continue Reading

HUD publishes new rule governing federal procurement and contracting

Posted in Government-Assisted Housing, Policy, Public Housing
The U.S. Department of Housing and Urban Development has published a rule that makes numerous changes to grant administration, procurement, and contracting requirements. The rule repeals the requirements found at Part 84 and Part 85 and replaces them with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards found at 2 CFR… Continue Reading

Increased costs and potential decrease in private investment: Ballard Spahr’s thoughts on the public housing demolition/disposition proposed rule

Posted in Government-Assisted Housing, Policy, Public Housing
Since HUD issued its proposed rule for the demolition and disposition of public housing in October of this year, Ballard Spahr has thoroughly examined the regulation and has now provided to HUD comments on the potentially troubling effects of the rule on the public housing portfolio. The rule would revise requirements applicable to the demolition… Continue Reading

Reminder: comments on public housing demolition/disposition proposed rule due on December 15th

Posted in Government-Assisted Housing, Policy, Public Housing
On October 16th, HUD issued a new proposed rule that would make significant changes to the approval process for the demolition and disposition of public housing properties. In addition to codifying a number of existing, informal demolition/disposition standards, the proposed rule strengthens HUD’s oversight of what has previously been a flexible funding stream for public… Continue Reading

HUD issues FY2014 and FY2015 Choice Neighborhoods Implementation Grant NOFA

Posted in Community Development, Government-Assisted Housing, Legislative Initiatives
HUD has made $76 million available for communities with HUD-assisted housing through its latest Notice of Funding Availability. Issued last week, the Choice Neighborhoods NOFA will provide funding for four Choice Neighborhoods Implementation Grants. The Choice Neighborhoods Initiative, President Obama’s signature comprehensive neighborhood revitalization program, provides federal monies to support improvements in housing, educational outcomes,… Continue Reading

Proposed new public housing demolition/disposition rule poses dangers for public housing appropriations and flexibility

Posted in Government-Assisted Housing, Policy, Public Housing, RAD
Public housing needs all the help it can get. ‎ Its 1.1 million units of deeply affordable housing have been grossly underfunded by Congress for so many years that current studies indicate it would take over 30 billion dollars of investment (yes, that is “billion” with a “b”) to bring these units up to modern… Continue Reading

Amy McClain authors an essential RAD resource: The Beginner’s Guide to Public Housing Conversion under RAD

Posted in Budget, Community Development, FHA and GSE Financing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, RAD, Section 8
Housing Plus is thrilled to announce that our very own Amy M. McClain has authored The Beginner’s Guide to Public Housing Conversion under RAD, published by the American Bar Association. The book focuses on the Rental Assistance Demonstration program’s utility as a financing tool for stimulating revitalizations to public housing properties. As an informative guide,… Continue Reading

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

Posted in Community Development, FHA and GSE Financing, Government-Assisted Housing, Legislative Initiatives, Policy, Public Housing, RAD, Senior Housing, Supportive Services, Tax Credits
We are dedicated to creating dialogue among the various voices of the affordable housing community, which makes us excited to announce our Ninth Annual National Housing Conference in Washington, D.C., from November 12 to 13. The two-day, complimentary event features lively discussions, panels, insights, and networking opportunities with the movers and shakers of the affordable… Continue Reading

House Republicans adopt amendment to the HUD spending bill that would defund the Affirmatively Furthering Fair Housing Proposed Rule

Posted in Fair Housing, Government-Assisted Housing, Legislative Initiatives, Policy
Last week, House Republicans adopted an amendment to the FY 2015 HUD spending bill that prohibits funding to implement, enforce, or administer HUD’s Affirmatively Furthering Fair Housing Proposed Rule (Proposed Rule). The Affirmatively Furthering Fair Housing Proposed Rule would significantly modify and augment the obligations of recipients of HUD funds to comply with a provision… Continue Reading

RAD expansion and “Pay-For-Success” Utility Demonstration among the innovations included in the Senate’s mark of the T-HUD Appropriations Bill

Posted in Budget, Government-Assisted Housing, Legislative Initiatives, Policy, RAD, Section 8, Senior Housing
The Senate Appropriations Committee has approved its draft Transportation, Housing and Urban Development, and Related Agencies Appropriations Bill for fiscal year 2015. While the bill generally falls short of the funding levels requested in President Obama’s budget proposal, it proposed some significant changes to the Rental Assistance Demonstration, and proposes a “pay-for-success” energy and water… Continue Reading

Senate Appropriations Subcommittee on Transportation Housing and Urban Development votes to increase Rental Assistance Demonstration cap from 60,000 units to 185,000 units

Posted in Budget, Government-Assisted Housing, Legislative Initiatives, Public Housing, RAD, Section 8
On June 3, 2014, the Senate Appropriations Subcommittee on Transportation Housing and Urban Development (T-HUD) unanimously approved its FY 2015 spending bill.  The bill includes an increase to the Rental Assistance Demonstration (RAD) cap from 60,000 units to 185,000 units. While the legislative text has not yet been released, the Appropriations Committee posted a summary… Continue Reading

Inclusive Communities Project case summary

Posted in Fair Housing
On March 24, 2014, the Fifth Circuit was the first Circuit to directly adopt HUD’s new disparate impact rule.  Inclusive Communities Project v. Texas Dep’t of Hous., 2014 WL 1257127 (5th Cir. Mar. 24, 2014).  Now, a challenge to HUD’s new rule may be headed to the Supreme Court.  HUD’s new rule recognizes that liability… Continue Reading

Smoke-free public housing … coming this summer to an authority near you

Posted in Government-Assisted Housing, Policy, Public Housing
This summer, public housing authorities in Kansas City (MO), Cambridge (MA), Annapolis (MD), and Lakeland (FL) will become smoke-free, following a trend encouraged by the U.S. Department of Housing and Urban Development (HUD) and already adopted by public housing authorities across the country in cities such as Boston, Detroit, Houston and San Antonio.  In 2009… Continue Reading

Reports: President Obama nominates new secretary of HUD

Posted in Policy
On Friday, President Obama nominated Julián Castro, who currently serves as Mayor of San Antonio, Texas, to be the next Secretary of Housing and Urban Development, while current HUD Secretary Shaun Donovan is expected to be named the next head of the Office of Management and Budget.  No stranger to housing, Mayor Castro’s efforts in… Continue Reading

THUD FY 2015 spending bill falls short of President’s proposal

Posted in Budget, Government-Assisted Housing, Legislative Initiatives, Public Housing, Section 8
The House Appropriations Transportation, Housing and Urban Development (THUD) Subcommittee has approved a budget for the coming fiscal year. In comparison to fiscal year 2014 funding levels, the THUD bill increases spending for many federal housing programs. However, it remains shy of the funding levels recommended in President Obama’s 2015 proposal. Some highlights from the… Continue Reading

HUD Implements the FY 2014 Housing Choice Voucher Budget

Posted in Government-Assisted Housing
HUD recently issued guidance, in Notice PIH 2014-05, for implementing its FY 2014 budget for Housing Choice Vouchers (HCV), including requirements for obtaining additional HCV funds due to shortfalls and for allocation of tenant protection vouchers. For funding shortfalls, HUD sets aside up to $75 million in the following categories: Category 1: Shortfall Funds Category… Continue Reading

President releases FY 2015 budget

Posted in Budget
President Obama’s fiscal year 2015 budget for the U.S. Department of Housing and Urban Development (HUD), released on March 4, 2014, proposes increased funding for many programs compared to the fiscal year 2014 appropriation. The budget proposes language that would change some aspects of the public housing program, and provides a preview of HUD legislative… Continue Reading