Federal Issues

Preserving Community and Neighborhood Choice

What Are HUD 221d4 Loans?

HUD Updates Equal Access Rule

HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard

Paycheck Protection Program (PPP)

The PPP is a Small Business Administration (SBA) loan created in the first COVID-19 stimulus package that helps businesses keep their workforce employed and continue operations during the Coronavirus crisis.  If employees are retained or hired back these loans may be forgiven.  Cooperative residents were devastated to learn in an SBA interim rule on April 2, 2020, that housing cooperatives, condominiums and homeowner’s associations were ineligible for the PPP.

This Interim Final Rule resulted in confusion for residential cooperative corporations, which are actively owned, occupied, and managed by its member-owners and therefore not covered by SBA regulations on passive business activity.

  • On May 15, 2020, the House of Representatives passed the Heroes Act, a fifth Stimulus Act which includes a provision providing for PPP for housing cooperatives;
  • NAHC worked directly with the NY congressional delegation to have this provision included in the bill;
  • Both NY senators and 13 members of the House of Representatives sent a letter to Treasury Secretary Steve Mnuchin and SBA Administrator Jovita Carranzo urging them to include housing cooperatives in the PPP;
  • NAHC worked directly with Senate Minority Leader Charles Schumer (D-NY) and House Small Business Committee Chair Nydia Velasquez (D-NY) to draft legislative language on this issue;
  • NAHC sent a letter to Secretary Steve Mnuchin and SBA Administrator Jovita Carranzo urging them to include housing cooperatives in the PPP;
  • NAHC sent a “Call to Action” to NAHC members urging them to contact their senators in support of PPP for housing cooperatives;
  • The National Cooperative Business Association (NCBA) and 34 cooperative and business organizations sent a letter to Treasury and the SBA expressing support for this issue;
  • NAHC joined with a Coalition of 11 other national housing organizations to send a letter to House and Senate leaders urging them to include PPP for housing cooperatives in the next stimulus package.
  • NAHC continues to work with House and Senate leaders to include PPP for housing cooperatives in the next stimulus package,

Distaster Relief (H.R. 5337)

Housing cooperatives impacted by a presidentially declared natural disaster—flood, wildfire, hurricane, tornado, blizzard, drought, or earthquake—are NOT currently afforded the same FEMA recovery resources as single family home owners, even though they pay the same federal taxes. It is unfair!  H.R. 5337 creates access to FEMA funds for repair or replacement of essential major common area elements facilities like boiler rooms, elevators, roofs, and outside walls. H.R. 5337, also creates access to FEMA resources (via the local municipality) for debris removal from privately owned roads within cooperative property; resulting in huge savings for housing cooperative homeowners.

  • NAHC worked closely with Representative Jerry Nadler (D-NY), sponsor of H.R. 5337, to have this legislation introduced;
  • NAHC also worked closely with the Community Associations Institute (CAI) to support H.R.5337;
  • NAHC sent out “Calls to Action” to NAHC members seeking co-sponsors for H.R. 5337 and helped to obtain 19 current co-sponsors.

Reverse Mortgages for Housing Cooperatives

Home Equity Conversion Mortgages (HECMs)

In 2000 and in 2008 Congress authorized legislation for HUD to write guidelines for housing cooperative reverse mortgages.  In August 2008, HUD issued a Notice of Proposed Rulemaking (NOPR) to expand the reverse mortgage program to cover approved cooperative housing developments. However, those rules were never promulgated.  Their existence would have provided standards for lenders and for the institutions of the secondary market, which might then purchase reverse mortgage loans.  Now, twelve years later, housing cooperatives are still the ONLY homeowners who cannot access reverse mortgages.  HUD’s decision not to write guidelines effectively bars these homeowners from using them and goes directly against the will of Congress.

  • NAHC met with Department of Housing and Urban Development (HUD) and Federal Housing Administration (FHA) leadership to advocate for HECMs for housing cooperatives;
  • NAHC secured the support of the Consumer Federation of America (CFA);
  • NAHC met with the AARP to advocate for their support;
  • NAHC works with leaders of the National Reverse Mortgage Lenders Association (NRMLA) on this issue and together will meet with HUD Assistant Secretary Brian Montgomery as soon as it is safe to do so.

Veterans Administration (VA) Home Loan Guarantees

NAHC continues to seek support for legislation to allow veterans to use their VA home loan guarantee benefits to purchase shares in a housing cooperative.

Limited Equity Cooperative (LEC) Development for Washington, DC

DC Council member Anita Bonds championed housing cooperative LEC development legislation passed by the DC City Council.   NAHC works with chair Paul Hazen, chair of the DC LEC Task Force to create LECs in DC.  The task force recently learned that the DC City Council has included in its budget request a full-time staff person focused on LECs.

Coalitions

  • NAHC belongs to the Consumer Federation of America’s Cooperative Coalition bringing together members from cooperative sectors to learn about issues and support cooperative initiatives;
  • NAHC is a member of the Donut Group, which includes 39 organizations representing HUD assisted multifamily housing issues. The Donut Group meets bi weekly, and also holds Quarterly HUD meetings with top HUD multifamily housing sectors (e.g.  REAC, Project Based, Section 202 elderly, HUD Budgets and Appropriations). The group also sends out letters to HUD and congressional leaders regarding issues of interest to the multifamily housing assisted community.  The latest letter to House and Senate leadership included support for PPP for housing cooperatives

Secretary Caron Announces HUD Will Safely Resume Physical Inspections

U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson announced today the Department will resume Real Estate Assessment Center (REAC) inspections of HUD multifamily and public housing properties and units under strict safety protocols during the national recovery from the COVID-19 pandemic. Read more

Real Estate Assessment Center (REAC)

In a memo dated 08/10/2020, the Real Estate Assessment Center (REAC) is providing information to business partners of its intent to resume physical inspections on or about Monday, October 5, 2020, with the required 14-day notification period to begin on or about Monday, September 21, 2020. Details on REAC’s plan to resume operations are provided in the memo and updated information regarding inspections will be posted here. 

Secretary Carson Terminates 2015 AFFH Rule

Removal of rule returns power to localities in effort to advance fair housing nationwide 

WASHINGTON – U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson today announced the Department will ultimately terminate the Obama Administration’s Affirmatively Furthering Fair Housing (AFFH) regulation issued in 2015, which proved to be complicated, costly, and ineffective— so much so that Secretary Carson essentially removed its burden on communities by suspending the regulation’s 92 question grading tool in January 2018.

“After reviewing thousands of comments on the proposed changes to the Affirmatively Furthering Fair Housing (AFFH) regulation, we found it to be unworkable and ultimately a waste of time for localities to  comply with, too often resulting in funds being steered away from communities that need them most,” said Secretary Carson.“ Instead, the Trump Administration has established programs like Opportunity Zones that are driving billions of dollars of capital into underserved communities where affordable housing exists, but opportunity does not. Programs like this shift the burden away from communities so they are not forced to comply with complicated regulations that require hundreds of pages of reporting and instead allow communities to focus more of their time working with Opportunity Zone partners to revitalize their communities so upward mobility, improved housing, and home ownership is within reach for more people. Washington has no business dictating what is best to meet your local community’s unique needs.”

This brand-new rule, called Preserving Community and Neighborhood Choice, defines fair housing broadly to mean housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination, and accessible under civil rights laws. It then defines “affirmatively furthering fair housing” to mean any action rationally related to promoting any of the above attributes of fair housing.

Now, a grantee’s certification that it has affirmatively furthered fair housing would be deemed sufficient if it proposes to take any action above what is required by statute related to promoting any of the attributes of fair housing. HUD remains able to terminate funding if it discovers, after investigation made pursuant to complaint or by its own volition, that a jurisdiction has not adhered to its commitment to AFFH.

Persons who believe they have experienced housing discrimination may file a complaint of discrimination by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 or visiting How to File a Complaint on HUD’s website. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at (800) 877-8339.

HUD REMINDER: Funds for COVID-19 Supplemental Payments – Requests are due August 5

Requests are due to HUD or the Contract Administrator by August 5, 2020, and must be submitted on the OMB approved form HUD 52671-E. The final copy of the form is attached for your convenience.

On July 23, 2020, the Office of Housing published a Housing Notice, “Availability of Funds for COVID-19 Supplemental Payments (CSPs) for Properties Receiving Project-Based Rental Assistance under the Section 8, Section 202, or Section 811 Programs.”

The supplemental payments may cover additional cleaning and disinfecting, additional staff, face coverings, and other expenses to help keep properties safe for residents. The Housing Notice allows owners to submit payment requests for expenses incurred between March 27, 2020 and July 31, 2020.

Property owners and management agents should contact their assigned HUD Account Executive or Contract Administrator with any questions about property eligibility for a CSP.

Please share this message widely with your colleagues, staff, members, and friends; and continue to visit the Multifamily home page for the most recent Q&A and other guidance about the COVID-19 pandemic.

Form HUD 52671-E  Troubleshooting and Tips for Submission

  • If you are having difficulty with calculated cells not populating, please ensure Javascripts are enabled in your PDF reader. This may be confirmed under the “Preferences” or “Options” menus, dependent on the software being used.
  • To eliminate difficulties with drop-down fields, download the file and open from within your PDF program, rather than attempting to populate directly from within the web browser.
  • All new submissions must be on the final OMB-Approved form. Please consult Notice 20-8 for guidance in completing the form and determining if any additional materials must accompany the form submission.
  • As indicated in the Notice, owners are strongly encouraged to submit the form in its original fillable format. For entities who do not have digital signature capabilities, requesters should fully populate and save the PDF form, then print, sign, scan, and save as a PDF. Owners must submit Form 52671-E with the required owner signature. However, when not using a digital signature, owners are encouraged to also attach a copy of their populated (unsigned)  form in the fillable format. Sharing of CSP request information in this file format will accelerate processing to the benefit of requesting owners.

Waters, Nadler and Clay Slam Trump Administration Decision to Terminate Affirmatively Furthering Fair Housing Rule

Today, Congresswoman Maxine Waters (D-CA), Chairwoman of the House Financial Services Committee, and Congressman Jerrold Nadler (D-NY), Chairman of the House Committee on the Judiciary, and Congressman Wm. Lacy Clay (D-MO), Chair of the Subcommittee on Housing, Community Development and Insurance, issued the following statement in response to the U.S. Department of Housing and Urban Development’s announcement that it is terminating the Obama Administration’s Affirmatively Furthering Fair Housing (AFFH) rule. Read more

Secretary Carson Praises Confirmation of Dana Wade as New FHA Commissioner

HUD NEWS – U.S. Department of Housing and Urban Development – Ben Carson, Secretary, Office of Public Affairs, Washington, DC 20410

HUD No. 20-113
HUD Public Affairs
(202) 708-0685
FOR RELEASE
Tuesday
July 28, 2020

SECRETARY CARSON PRAISES CONFIRMATION OF DANA WADE AS NEW FHA COMMISSIONER

Wade’s housing expertise includes her previous role as Acting Federal Housing Commissioner and Assistant Secretary for Housing

WASHINGTON –U.S. Department of Housing and Urban Development Secretary Ben Carson today applauded the confirmation of Dana Wade to serve as the Federal Housing Administration’s (FHA) Commissioner. FHA currently insures more than 8 million single family mortgages, almost 12,000 mortgages for multifamily properties, over 3,700 mortgages for residential care facilities, and nearly 100 mortgages for hospitals.

“I want to congratulate Dana Wade on her confirmation by the United States Senate to serve as the Commissioner of the Federal Housing Administration,” said Secretary Carson. “Dana has been a tremendous asset to the Department and the Administration throughout her years of service, and I have full confidence in her ability to successfully lead FHA.”

“I join Secretary Carson in congratulating Dana on her confirmation and welcoming her back to FHA, where I know she will do an outstanding job serving the American people.  We are grateful to have her considerable talents and knowledge to help guide the agency as our nation pulls through this pandemic,” said Deputy Secretary Brian Montgomery, who served as FHA Commissioner from 2005-2009; 2018-2020.

“I’m extremely grateful for this opportunity to hit the ground running during this critical time for our nation’s housing markets,” Commissioner Wade said.

Mrs. Wade previously served as Acting Federal Housing Commissioner and Assistant Secretary for Housing from July 2017 to June 2018, where she oversaw over 2,400 employees and implemented enhanced risk management and monitoring of FHA’s $1.3 trillion portfolio.  Wade also served as a Program Associate Director for General Government at the Office of Management and Budget from December 2018 to December 2019, where she led budget oversight for six Executive Branch agencies with a keen focus on financial services, including HUD, and multiple independent agencies.

In Congress, she served in senior roles including Deputy Staff Director for the Senate Committee on Banking, Housing, and Urban Affairs and Deputy Staff Director for the Senate Committee on Appropriations under Senator Richard Shelby (R-AL). Wade holds an MBA from the Wharton School at the University of Pennsylvania and a BA in Economics from Georgetown University.

Waters Again Sounds Alarm on Need to Prevent Evictions; Calls Senate Republican HEALS Act a ‘Slap in the Face’ to Struggling Families. Read more

HUD Extends Mortgage Forbearance and Tenant Eviction Protections at Properties with HUD-Insured or HUD-Held Mortgages

HUD’s Office of Housing issued Notice H 20-07 “Coronavirus Aid, Relief, and Economic Security (CARES) Act Eviction Moratorium” on July 1.

The notice announces the ability of owners of HUD-insured or HUD-held mortgages to seek or extend mortgage forbearance, provided they also extend the moratorium on evictions. The notice also provides guidance on tenant protections for multifamily properties not subject to forbearance and those that only have HUD-assisted units. HUD writes that it is particularly concerned about the impact of the expiration of the tenant protections provided by the CARES Act, encouraging owners, agents, and contract administrators to work with residents who have been impacted by the coronavirus pandemic. Section 4024 of the CARES Act states that during the 120-day period running until July 24, borrowers that own certain multifamily properties under Section 4024 of the CARES Act must:

  • Not evict renters unable to pay rent;
  • Not charge tenants late fees or penalties for nonpayment of rent; and
  • Give tenants at least a 30-day notice to vacate and not give such a notice until the moratorium ends. Another part of the CARES Act, Section 4023, provides mortgage forbearance for owners with a federally backed multifamily mortgage who are experiencing financial hardship due to the pandemic. Forbearance could be for up to 90 days. If the servicer of the mortgage grants forbearance, the owner must provide tenants with the same eviction protections as Section 4024, but for the length of the forbearance.

Instead of directly stating that HUD will continue to consider borrowers’ requests for mortgage forbearance, Notice 20-07 has a long, dense paragraph on page 3 that indirectly extends mortgage forbearance. Some of the key provisions that indicate HUD will extend forbearance include (emphasis added):

  • Borrowers that received or will receive forbearance under the CARES Act at a later date, remain subject to the eviction moratorium and renter protection provisions under either Section 4023 or Section 4024, as applicable, until both the moratorium and the borrower’s forbearance periods have expired.
  • Many borrowers and lenders will negotiate additional forbearance relief beyond the 90-day period provided in the CARES Act.
  • HUD prior approval is required for such additional forbearance.
  • HUD is concerned that the tenant eviction protections afforded by the CARES Act may not carry beyond the 120-day period and terminate with the forbearance agreement extensions.
  • Therefore, HUD will condition approval of a forbearance extension on the borrower’s agreement to similarly extend the Section 4023 renter protections.
  • Borrowers with forbearance must comply with the guidance provided by Mortgagee Letter 2020-09, issued on April 10 (see Memo4/20), which is in effect until the termination of the national emergency declared by the President on March 13 or until December 31, whichever is earlier.

Two other important points are:

  • Borrowers who received forbearance when the CARES Act was first implemented are approaching the end of the 90-day forbearance term but are still required to continue to comply with the 120-day eviction moratorium and other renter protections required under Section 4024.
  • During the borrower’s forbearance period, the borrower must inform all residents of the prohibition against eviction solely for nonpayment of rent.

A following paragraph in the notice lists conditions that a borrower must agree to in order for HUD to approve a new, extended, or amended forbearance agreement. A borrower:

  • Must allow a tenant who missed rent payments during the borrower’s forbearance period to make up missed rent payments over a reasonable time to be determined by the borrower.
  • May not require missed rent payments be repaid in one lump sum at the end of the forbearance period.
  • Must not charge tenants late fees or penalties due to late or missed rent payments during the forbearance period:

o   the borrower’s repayment period following forbearance, and

o   until the borrower has repaid all forborne amounts.

  • Must, during the above periods, provide at least 30 days’ notice to vacate to any tenant being evicted solely for nonpayment of rent
  • Must inform all residents of the prohibition against eviction solely for nonpayment of rent during the borrower’s forbearance period.

With the impending expiration of the 120-day eviction moratorium, HUD is concerned about tenants in properties without forbearance that are insured by the Federal Housing Agency (FHA), have a HUD-held mortgage, or that only have assistance with Section 202 Supportive Housing for the Elderly or Section 811 Supportive Housing for Persons with Disabilities. HUD encourages owners of such properties to work with tenants to avoid evictions by providing repayment plans or by delaying evictions.

The notice reminds tenants and owners that the CARES Act provided supplemental funds for the Project-Based Section 8, Section 202, and Section 811 programs, and that a portion of this extra funding is designated for providing increased rental subsidies to owners to cover diminished tenant rent payments due to tenants’ reduced or lost wages. HUD reminds tenants to inform their landlord of reduced or lost wages and to request an interim income recertification. The Notice also encourages owners to inform tenants of their ability to request an interim income recertification.

Notice H 20-07 “Coronavirus Aid, Relief, and Economic Security (CARES) Act Eviction Moratorium” is at: https://bit.ly/2C0U0nn

More information about Project-Based Rental Assistance is on page 4-61 of NLIHC’s 2020 Advocates’ Guide.

More information about Section 202 Supportive Housing for the Elderly is on page 4-67 of NLIHC’s 2020 Advocates’ Guide.

Coronavirus Aid, Relief, and Economic Security (CARES) Act Eviction Moratorium. View PDF

Brian Montgomery confirmed to officially serve as deputy secretary of HUD

After already working in the role for nearly 18 months, Brian Montgomery was officially confirmed by the Senate Tuesday to serve as the deputy secretary of the Department of Housing and Urban Development.

Montgomery, who also leads the Federal Housing Administration, has served as the second in command at HUD on an interim basis since January 2019 when Pam Patenaude stepped down as deputy secretary.

In October 2019, President Donald Trump nominated Montgomery to be the second in line behind HUD Secretary Ben Carson.

The Senate Banking Committee approved Montgomery’s nomination in December, but an official vote on the Senate floor wasn’t held until this week when the Senate approved the nomination by a 61-32 margin. Keep reading

Addressing Tenant Concerns Regarding Rent and the Temporary Suspension of Evictions for Nonpayment of Rent

The U.S. Department of Housing and Urban Development (HUD) developed this flyer to provide Housing Choice Voucher (HCV), Public Housing, and Section 8 Moderate Rehabilitation (Mod Rehab) participants with important information and resources about paying rent during the national emergency concerning the coronavirus pandemic.

A model to prevent a wave of evictions in the wake of coronavirus recession

In East Garfield Park, an innovative community effort to preserve affordable housing was just getting off the ground this spring when the coronavirus pandemic hit Chicago –— and the stakes involved in the new project increased dramatically.

It was March 10 when residents released a Blueprint for Community Action to preserve affordability, following a nearly year-long community planning process. The blueprint laid out a series of immediate and long-term priorities around community benefits agreements, local business development, preventing displacement of renters and homeowners and increasing community ownership. Read more

Protections for renters during the coronavirus pandemic

If you’re having trouble making rent payments as a result of the coronavirus pandemic, you are not alone. Across the country, many tenants are facing job losses, furloughs, or reduced hours, and having to make tough financial decisions in order to make ends meet. Fortunately, there are steps all renters can take, as well as many significant protections from eviction that apply in certain situations.

In this blog, we will cover:

  • New protections
    • Federal protections for renters
    • State and local eviction protections
    • Protections from utility and phone disconnections
  • Where to get more help

Read it now

Questions and Answers for Office of Multifamily Housing Stakeholders
Coronavirus (COVID-19)

Last Updated: April 2, 2020, 8:00 a.m., ET (PDF)
Download PDF

FHFA Offers Owners of Multifamily Properties Mortgage Forbearance if They Agree to Suspend Evictions

To keep renters in multifamily properties in their home and to support multifamily property owners during the coronavirus national emergency, the Federal Housing Finance Agency (FHFA) is announcing that Fannie Mae and Freddie Mac (the Enterprises) will offer multifamily property owners mortgage forbearance with the condition that they suspend all evictions for renters unable to pay rent due to the impact of coronavirus. The eviction suspensions are in place for the entire duration of time that a property owner remains in forbearance. The forbearance is available to all multifamily properties with an Enterprise-backed performing multifamily mortgage negatively affected by the coronavirus national emergency.

Read more

House Financial Services Committee Releases Answers to Frequently Asked Questions About the CARES Act

Today, the House Financial Services Committee, led by Chairwoman Maxine Waters (D-CA), released a document with answers to frequently asked questions regarding financial services provisions in H.R. 748, the Coronavirus Aid, Relief and Economic Security Act (CARES Act), legislation that was passed into law to provide relief to those who are impacted by the Coronavirus pandemic.

This document was designed by the Majority staff of the House Financial Services Committee to provide additional information for consumers, renters, homeowners, small business owners, investors and others who may have questions about how the CARES Act will benefit them.

Chairwoman Waters and Financial Services Committee Members authored numerous provisions that were included in the CARES Act and continue their efforts to ensure their critical legislation is included in the ongoing legislative response to this crisis.

See Chairwoman Waters’ statement on the CARES Act here and answers to frequently asked questions below.

Homeland Security Cybersecurity (CISA) funding for property management staff.

As the nation responds to the significant impacts and displacements from COVID-19, rental housing is on the front lines. As millions of individuals and families self-quarantine or shelter in place, it is crucial that front-line property management staff can maintain service in these communities, while carrying out those services or that work in compliance with CDC and state and local health authorities’ Social Distancing Requirements. For that reason, we urge CISA to confirm that such operations and staff who conduct them will be deemed necessary to the operations and maintenance of “Essential Infrastructure,” by the federal government. This would include operation and management of housing (provided that they can as defined in this Section, to the extent possible.

FEMA disaster vouchers (e.g., management funding) will probably be distributed through HUD. Declarations will be via states and localities.

Next need to focus on funding for masks and gloves.

Foreclosure and Eviction Moratorium

Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act

Read the notice from HUD

Join “Fight for Housing Justice” Campaign to Oppose HUD’s Harmful Fair Housing Rule

(Jan 21, 2020 NATIONAL LOW-INCOME HOUSING COALITION)

The Trump administration published in the Federal Register on January 14 a proposed rule that would reverse efforts to undo historic and ongoing patterns of housing discrimination and segregation throughout the U.S. The proposed rule is now open for a 60-day public comment period. HUD provided an advance copy on January 7, and NLIHC used it to draft a short overview as well as a detailed summary and analysis. The proposed rule is the latest of this administration’s attacks on civil rights and affordable housing. NLIHC, the National Housing Law Project, and other partners are leading the effort to oppose the proposed rule through the Fight For Housing Justice campaign.

We urge all advocates to join us in submitting public comments opposing the rule before the March 16 deadline.

The administration’s proposal, led by HUD Secretary Ben Carson, would gut the landmark 2015 Affirmatively Furthering Fair Housing (AFFH) rule that provided guidance and tools to state and local governments and public housing agencies to help them better identify and decide how to address harmful patterns of segregation, discrimination, and disinvestment – patterns often created by government policy. The 2015 rule was developed over several years, with significant input from a wide variety of stakeholders.

The new “fair housing” rule absurdly ignores race, segregation, and housing discrimination and incorrectly equates increased housing supply with fair housing choice. The proposal will not promote fair housing or affordable housing goals, and it attacks protections for tenants, workers, and the environment. HUD’s proposed rule eliminates opportunities for public input on AFFH plans and lacks meaningful oversight and accountability. The proposed rule also greatly diminishes public housing agencies’ AFFH responsibilities, allowing them to merely certify they consulted with their local governments regarding how the two could satisfy their common AFFH obligations.

Organizations and individuals should submit comments opposing the proposed rule by the March 16 deadline. Visit www.FightForHousingJustice.org to submit a commentand find news, talking points, summaries and analyses, and other resources.

https://www.fightforhousingjustice.org

HUD Provides Lead-Safe Housing Rule Training Material

Jan 21, 2020

HUD has added training and resource webpages with information about federal lead regulations and the Lead Safe Housing Rule (LSHR) Amendment for pre-1978 housing on its website. The goal of these resources is to help public housing agencies (PHAs), HUD grantees, and owners respond to cases of elevated blood lead levels in children younger than 6 years old living in federally assisted homes. HUD’s Office of Lead Hazzard Control and Healthy Homes (OLHCCH) administers grant programs to reduce lead-based paint hazards and enforces the lead-based paint regulations.

HUD published on January 13, 2017, an amendment to the Lead Safe Housing Rule regarding the obligation to respond promptly to cases of children under age of 6 living in certain categories of HUD-assisted homes who have elevated blood lead levels (EBLLs).

The Lead Safe Housing Rule training webpage has two trainings, one for properties with tenant-based rental assistance (TBRA) and another for public housing and private housing assisted with HUD project-based assistance. For each, in addition to the webinars themselves, HUD provides webinar slides, a recording, and a transcript. In addition, there are three videos addressing the LSHR Amendment for public housing units, Housing Choice Voucher units, and Project-Based Voucher units. Read more.

Disparate Impact

HUD formally published in the Federal Register on August 19, proposed changes to the fair housing Disparate Impact rule that would make it far more difficult for people experiencing various forms of discrimination to challenge the practices of businesses, governments, and other large entities. As proposed, the current three-part “burden shifting” standard to show disparate impact would be radically changed to a five-component set of tests placing virtually all of the burden on people who are in “protected classes” – people of color, women, immigrants, families with children, people with disabilities, LGBTQ persons, and people of faith. The proposed rule also would provide special defenses for business practices that rely on statistics or algorithms.

Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Proposed Rules 

HUD proposes rule that would make housing discrimination lawsuits ‘impossible’

Today, the Department of Housing and Urban Development (HUD) introduced a proposal that would overhaul the Disparate Impact rule, a 2013 regulation from the Obama administration that created uniform standards for the application of disparate impact—the idea that a policy can be discriminatory even if discrimination is not the policy’s intent—in housing discrimination lawsuits. Read more

HUD Proposed Mixed-Status Immigrant-Family Rule

A group of 19 Democratic senators led by Senator Kirsten Gillibrand (D-NY) sent a letter on June 12 to HUD Secretary Ben Carson opposing the agency’s proposal to prohibit mixed-status immigrant families from living in public and other subsidized housing. The letter notes that 25,000 families, including 55,000 children who are U.S. citizens or who have legal status, are at risk of being made homeless by HUD’s proposal.

“Truncating current program benefits for residents in public and other assisted housing programs is misguided and will not solve the challenges our nation’s affordable housing programs face, as the Department and the Trump administration claim,” the senators state in the letter. “This is nothing more than an attempt to advance a dangerous agenda that targets and scapegoats the immigrant community.”

Additional signatories to the letter include Senators Ron Wyden (D-OR), Mazie Hirono (D-HI), Bernie Sanders (I-VT), Richard Blumenthal (D-CT), Chuck Schumer (D-NY), Edward Markey (D-MA), Patty Murray (D-WA), Tim Kaine (D-VA), Jack Reed (D-RI), Christopher Coons (D-DE), Michael Bennet (D-CO), Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Patrick Leahy (D-VT), Amy Klobuchar (D-MN), Kamala Harris (D-CA), Chris Van Hollen (D-MD), and Benjamin Cardin (D-MD).

See what other members of Congress have said in opposition to the rule at: https://www.keep-families-together.org/congress

House Committee Passes Bills Blocking Harmful HUD Proposals

The House Financial Services Committee passed two bills blocking harmful HUD proposals that would limit access to housing assistance for “mixed-status” immigrant families and transgender individuals experiencing homelessness. The “Keeping Families Together Act of 2019” (H.R. 2763) passed by a vote of 32-26 and the “Ensuring Equal Access to Shelter Act of 2019” (HR 3018) passed by a vote of 33-26, both along party lines.

Representative Sylvia Garcia (D-TX) introduced the “Keeping Families Together Act of 2019,” which would block HUD from implementing a proposed rule to prohibit “mixed-status” immigrant families from living in public and other subsidized housing, forcing families to either lose their homes or separate. Representative Jennifer Wexton (D-VA) introduced the “Ensuring Equal Access to Shelter Act of 2019,” which would prevent HUD from amending the Equal Access rule to allow homeless shelters to deny transgender people equal access to services, which could lead to increased deaths among transgender individuals experiencing homelessness. NLIHC strongly supports both of these bills.

HUD Issues Three Chapters of Revised Housing Voucher Guidebook

HUD’s Office of Public and Indian Housing (PIH) has published three of thirteen chapters of a revised Housing Choice Voucher Guidebook. The three chapters are “Eligibility Determination and Denial of Assistance,” “Moves and Portability,” and “Rent Reasonableness.” The previous guidebook (7420.10G) is from 2001.

The purpose of the revised guidebook is to inform public housing agencies (PHAs), households, and other stakeholders about how the voucher program is administered. It will contain regulatory requirements, PIH Notices, Federal Register notices, and other forms of guidance issued by HUD.

Because program policies and procedures change over time, the guidebook chapters will be active documents on HUD’s website. Individual chapters will be amended as policies are refined. The revised guidebook will have footnote citations whenever the word “must” is used. In many policy areas, HUD allows PHAs the flexibility to make local policy decisions, so it is important to note when HUD requires a policy to be adopted.

The Housing Choice Voucher Guidebook webpage is at:  https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook

PIH-REAC and Multifamily (MFH) Industry Day PowerPoint Presentation

Through its Physical Inspections Line of Business, HUD’s Real Estate Assessment Center (REAC) improves housing quality by performing accurate, credible, and reliable assessments of HUD’s real estate portfolio; helps ensure safe, healthy, decent affordable housing; and promotes sound property management practices.

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Keep Families Together – HUD Proposed Rule Separating Immigrant Families

On May 10, 2019, the U.S. Department of Housing and Urban Development (HUD) published a proposed rule that would prohibit “mixed-status” families from living in public and other subsidized housing. Mixed-status families are households that include both members who are eligible and ineligible for housing assistance based on their immigration status. Both statute and regulation allow families to live together in subsidized housing even if one family member is ineligible so long as the housing subsidy is decreased to exclude the ineligible person from the assistance. Importantly, just because a household member is an “ineligible” immigrant, it doesn’t mean that they are undocumented. Immigrants can have legal status and still not be eligible for public housing and Section 8 programs.

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President Trump Proposes Drastic Cuts to Affordable Housing Programs

National Low Income Housing Coalition Memo to Members  Mar 11, 2019

President Donald Trump’s fiscal year 2020 budget request – released today – proposes to drastically cut housing benefits that help millions of low-income seniors, people with disabilities, families with children, veterans, and other vulnerable people afford their homes. Like his other budget requests in FY18 and FY19, the proposal would reduce housing benefits for the lowest-income people by slashing federal investments in affordable homes, increasing rents, and imposing harmful work requirements on America’s struggling families. If enacted, the budget could leave even more low-income people without stable homes, undermining family stability, increasing evictions, and, in worst cases, leading to more homelessness.

Overall, the administration proposes to cut HUD by an astounding $9.6 billion or 18% below 2019 enacted levels, imposing deep cuts to affordable housing and community development, as well as other essential programs that ensure basic living standards.

NLIHC strongly urges Congress not only to reject Mr. Trump’s budget, but to significantly expand the investments in affordable homes that America’s families and communities need to thrive.

At a time when the affordable housing crisis has reached new heights and homelessness is increasing in some communities, the president’s proposal would eliminate or deeply cut essential housing and community development programs like the national Housing Trust Fund, the HOME Investments Partnership program, and public housing capital repairs.

The president would underfund rental assistance through the Housing Choice Voucher program and raise rents – by as much as three times current levels – on America’s poorest families. While the administration suggests its proposed budget would provide an increase in funding to the voucher program, this is misleading; the budget, in fact, includes cuts to housing assistance.

The budget would also impose punitive measures that would jeopardize family stability, increasing the financial burdens they face through higher rents and harmful work requirements that often push families deeper into poverty. Last year, HUD unveiled legislation to cut housing benefits through rent increases and work requirements. Learn more about President Trump’s proposed legislation to cut housing benefits, how cutting housing benefits would increase homelessness and housing poverty, and why this approach is has nothing to do with “increasing family self-sufficiency.”

“With this budget request, President Trump and Secretary Carson are making clear in no uncertain terms their willingness to increase evictions and homelessness – for the vulnerable seniors, people with disabilities and families with kids who will be unable to manage having to spend more of their very limited incomes to cover rent hikes,” said Diane Yentel, NLIHC president and CEO. “The administration callously disregards its responsibility to the millions of households living in deteriorating public housing and to low-income people and communities working to recover and rebuild after disasters by eliminating critical resources for public housing, rental housing construction and community development. This is a cruel and unconscionable budget proposal, and it should be soundly rejected by Congress.”

View FY19 Budget Chart for Selected HUD and USDA Programs

HUD

FEMA

Reverse Mortgages- Home Equity Conversion Mortgages (HECM’s)

Without Department of Housing and Urban Development (HUD) guidelines the institutions of the secondary market will not purchase reverse mortgages on cooperative units. We need congressional help in urging HUD to release the Housing Cooperative HECM guidelines!

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Federal Issues

Preserving Community and Neighborhood Choice

What Are HUD 221d4 Loans?

HUD Updates Equal Access Rule

HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard

Paycheck Protection Program (PPP)

The PPP is a Small Business Administration (SBA) loan created in the first COVID-19 stimulus package that helps businesses keep their workforce employed and continue operations during the Coronavirus crisis.  If employees are retained or hired back these loans may be forgiven.  Cooperative residents were devastated to learn in an SBA interim rule on April 2, 2020, that housing cooperatives, condominiums and homeowner’s associations were ineligible for the PPP.

This Interim Final Rule resulted in confusion for residential cooperative corporations, which are actively owned, occupied, and managed by its member-owners and therefore not covered by SBA regulations on passive business activity.

  • On May 15, 2020, the House of Representatives passed the Heroes Act, a fifth Stimulus Act which includes a provision providing for PPP for housing cooperatives;
  • NAHC worked directly with the NY congressional delegation to have this provision included in the bill;
  • Both NY senators and 13 members of the House of Representatives sent a letter to Treasury Secretary Steve Mnuchin and SBA Administrator Jovita Carranzo urging them to include housing cooperatives in the PPP;
  • NAHC worked directly with Senate Minority Leader Charles Schumer (D-NY) and House Small Business Committee Chair Nydia Velasquez (D-NY) to draft legislative language on this issue;
  • NAHC sent a letter to Secretary Steve Mnuchin and SBA Administrator Jovita Carranzo urging them to include housing cooperatives in the PPP;
  • NAHC sent a “Call to Action” to NAHC members urging them to contact their senators in support of PPP for housing cooperatives;
  • The National Cooperative Business Association (NCBA) and 34 cooperative and business organizations sent a letter to Treasury and the SBA expressing support for this issue;
  • NAHC joined with a Coalition of 11 other national housing organizations to send a letter to House and Senate leaders urging them to include PPP for housing cooperatives in the next stimulus package.
  • NAHC continues to work with House and Senate leaders to include PPP for housing cooperatives in the next stimulus package,

Distaster Relief (H.R. 5337)

Housing cooperatives impacted by a presidentially declared natural disaster—flood, wildfire, hurricane, tornado, blizzard, drought, or earthquake—are NOT currently afforded the same FEMA recovery resources as single family home owners, even though they pay the same federal taxes. It is unfair!  H.R. 5337 creates access to FEMA funds for repair or replacement of essential major common area elements facilities like boiler rooms, elevators, roofs, and outside walls. H.R. 5337, also creates access to FEMA resources (via the local municipality) for debris removal from privately owned roads within cooperative property; resulting in huge savings for housing cooperative homeowners.

  • NAHC worked closely with Representative Jerry Nadler (D-NY), sponsor of H.R. 5337, to have this legislation introduced;
  • NAHC also worked closely with the Community Associations Institute (CAI) to support H.R.5337;
  • NAHC sent out “Calls to Action” to NAHC members seeking co-sponsors for H.R. 5337 and helped to obtain 19 current co-sponsors.

Reverse Mortgages for Housing Cooperatives

Home Equity Conversion Mortgages (HECMs)

In 2000 and in 2008 Congress authorized legislation for HUD to write guidelines for housing cooperative reverse mortgages.  In August 2008, HUD issued a Notice of Proposed Rulemaking (NOPR) to expand the reverse mortgage program to cover approved cooperative housing developments. However, those rules were never promulgated.  Their existence would have provided standards for lenders and for the institutions of the secondary market, which might then purchase reverse mortgage loans.  Now, twelve years later, housing cooperatives are still the ONLY homeowners who cannot access reverse mortgages.  HUD’s decision not to write guidelines effectively bars these homeowners from using them and goes directly against the will of Congress.

  • NAHC met with Department of Housing and Urban Development (HUD) and Federal Housing Administration (FHA) leadership to advocate for HECMs for housing cooperatives;
  • NAHC secured the support of the Consumer Federation of America (CFA);
  • NAHC met with the AARP to advocate for their support;
  • NAHC works with leaders of the National Reverse Mortgage Lenders Association (NRMLA) on this issue and together will meet with HUD Assistant Secretary Brian Montgomery as soon as it is safe to do so.

Veterans Administration (VA) Home Loan Guarantees

NAHC continues to seek support for legislation to allow veterans to use their VA home loan guarantee benefits to purchase shares in a housing cooperative.

Limited Equity Cooperative (LEC) Development for Washington, DC

DC Council member Anita Bonds championed housing cooperative LEC development legislation passed by the DC City Council.   NAHC works with chair Paul Hazen, chair of the DC LEC Task Force to create LECs in DC.  The task force recently learned that the DC City Council has included in its budget request a full-time staff person focused on LECs.

Coalitions

  • NAHC belongs to the Consumer Federation of America’s Cooperative Coalition bringing together members from cooperative sectors to learn about issues and support cooperative initiatives;
  • NAHC is a member of the Donut Group, which includes 39 organizations representing HUD assisted multifamily housing issues. The Donut Group meets bi weekly, and also holds Quarterly HUD meetings with top HUD multifamily housing sectors (e.g.  REAC, Project Based, Section 202 elderly, HUD Budgets and Appropriations). The group also sends out letters to HUD and congressional leaders regarding issues of interest to the multifamily housing assisted community.  The latest letter to House and Senate leadership included support for PPP for housing cooperatives

Secretary Caron Announces HUD Will Safely Resume Physical Inspections

U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson announced today the Department will resume Real Estate Assessment Center (REAC) inspections of HUD multifamily and public housing properties and units under strict safety protocols during the national recovery from the COVID-19 pandemic. Read more

Real Estate Assessment Center (REAC)

In a memo dated 08/10/2020, the Real Estate Assessment Center (REAC) is providing information to business partners of its intent to resume physical inspections on or about Monday, October 5, 2020, with the required 14-day notification period to begin on or about Monday, September 21, 2020. Details on REAC’s plan to resume operations are provided in the memo and updated information regarding inspections will be posted here. 

Secretary Carson Terminates 2015 AFFH Rule

Removal of rule returns power to localities in effort to advance fair housing nationwide 

WASHINGTON – U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson today announced the Department will ultimately terminate the Obama Administration’s Affirmatively Furthering Fair Housing (AFFH) regulation issued in 2015, which proved to be complicated, costly, and ineffective— so much so that Secretary Carson essentially removed its burden on communities by suspending the regulation’s 92 question grading tool in January 2018.

“After reviewing thousands of comments on the proposed changes to the Affirmatively Furthering Fair Housing (AFFH) regulation, we found it to be unworkable and ultimately a waste of time for localities to  comply with, too often resulting in funds being steered away from communities that need them most,” said Secretary Carson.“ Instead, the Trump Administration has established programs like Opportunity Zones that are driving billions of dollars of capital into underserved communities where affordable housing exists, but opportunity does not. Programs like this shift the burden away from communities so they are not forced to comply with complicated regulations that require hundreds of pages of reporting and instead allow communities to focus more of their time working with Opportunity Zone partners to revitalize their communities so upward mobility, improved housing, and home ownership is within reach for more people. Washington has no business dictating what is best to meet your local community’s unique needs.”

This brand-new rule, called Preserving Community and Neighborhood Choice, defines fair housing broadly to mean housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination, and accessible under civil rights laws. It then defines “affirmatively furthering fair housing” to mean any action rationally related to promoting any of the above attributes of fair housing.

Now, a grantee’s certification that it has affirmatively furthered fair housing would be deemed sufficient if it proposes to take any action above what is required by statute related to promoting any of the attributes of fair housing. HUD remains able to terminate funding if it discovers, after investigation made pursuant to complaint or by its own volition, that a jurisdiction has not adhered to its commitment to AFFH.

Persons who believe they have experienced housing discrimination may file a complaint of discrimination by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 or visiting How to File a Complaint on HUD’s website. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at (800) 877-8339.

HUD REMINDER: Funds for COVID-19 Supplemental Payments – Requests are due August 5

Requests are due to HUD or the Contract Administrator by August 5, 2020, and must be submitted on the OMB approved form HUD 52671-E. The final copy of the form is attached for your convenience.

On July 23, 2020, the Office of Housing published a Housing Notice, “Availability of Funds for COVID-19 Supplemental Payments (CSPs) for Properties Receiving Project-Based Rental Assistance under the Section 8, Section 202, or Section 811 Programs.”

The supplemental payments may cover additional cleaning and disinfecting, additional staff, face coverings, and other expenses to help keep properties safe for residents. The Housing Notice allows owners to submit payment requests for expenses incurred between March 27, 2020 and July 31, 2020.

Property owners and management agents should contact their assigned HUD Account Executive or Contract Administrator with any questions about property eligibility for a CSP.

Please share this message widely with your colleagues, staff, members, and friends; and continue to visit the Multifamily home page for the most recent Q&A and other guidance about the COVID-19 pandemic.

Form HUD 52671-E  Troubleshooting and Tips for Submission

  • If you are having difficulty with calculated cells not populating, please ensure Javascripts are enabled in your PDF reader. This may be confirmed under the “Preferences” or “Options” menus, dependent on the software being used.
  • To eliminate difficulties with drop-down fields, download the file and open from within your PDF program, rather than attempting to populate directly from within the web browser.
  • All new submissions must be on the final OMB-Approved form. Please consult Notice 20-8 for guidance in completing the form and determining if any additional materials must accompany the form submission.
  • As indicated in the Notice, owners are strongly encouraged to submit the form in its original fillable format. For entities who do not have digital signature capabilities, requesters should fully populate and save the PDF form, then print, sign, scan, and save as a PDF. Owners must submit Form 52671-E with the required owner signature. However, when not using a digital signature, owners are encouraged to also attach a copy of their populated (unsigned)  form in the fillable format. Sharing of CSP request information in this file format will accelerate processing to the benefit of requesting owners.

Waters, Nadler and Clay Slam Trump Administration Decision to Terminate Affirmatively Furthering Fair Housing Rule

Today, Congresswoman Maxine Waters (D-CA), Chairwoman of the House Financial Services Committee, and Congressman Jerrold Nadler (D-NY), Chairman of the House Committee on the Judiciary, and Congressman Wm. Lacy Clay (D-MO), Chair of the Subcommittee on Housing, Community Development and Insurance, issued the following statement in response to the U.S. Department of Housing and Urban Development’s announcement that it is terminating the Obama Administration’s Affirmatively Furthering Fair Housing (AFFH) rule. Read more

Secretary Carson Praises Confirmation of Dana Wade as New FHA Commissioner

HUD NEWS – U.S. Department of Housing and Urban Development – Ben Carson, Secretary, Office of Public Affairs, Washington, DC 20410

HUD No. 20-113
HUD Public Affairs
(202) 708-0685
FOR RELEASE
Tuesday
July 28, 2020

SECRETARY CARSON PRAISES CONFIRMATION OF DANA WADE AS NEW FHA COMMISSIONER

Wade’s housing expertise includes her previous role as Acting Federal Housing Commissioner and Assistant Secretary for Housing

WASHINGTON –U.S. Department of Housing and Urban Development Secretary Ben Carson today applauded the confirmation of Dana Wade to serve as the Federal Housing Administration’s (FHA) Commissioner. FHA currently insures more than 8 million single family mortgages, almost 12,000 mortgages for multifamily properties, over 3,700 mortgages for residential care facilities, and nearly 100 mortgages for hospitals.

“I want to congratulate Dana Wade on her confirmation by the United States Senate to serve as the Commissioner of the Federal Housing Administration,” said Secretary Carson. “Dana has been a tremendous asset to the Department and the Administration throughout her years of service, and I have full confidence in her ability to successfully lead FHA.”

“I join Secretary Carson in congratulating Dana on her confirmation and welcoming her back to FHA, where I know she will do an outstanding job serving the American people.  We are grateful to have her considerable talents and knowledge to help guide the agency as our nation pulls through this pandemic,” said Deputy Secretary Brian Montgomery, who served as FHA Commissioner from 2005-2009; 2018-2020.

“I’m extremely grateful for this opportunity to hit the ground running during this critical time for our nation’s housing markets,” Commissioner Wade said.

Mrs. Wade previously served as Acting Federal Housing Commissioner and Assistant Secretary for Housing from July 2017 to June 2018, where she oversaw over 2,400 employees and implemented enhanced risk management and monitoring of FHA’s $1.3 trillion portfolio.  Wade also served as a Program Associate Director for General Government at the Office of Management and Budget from December 2018 to December 2019, where she led budget oversight for six Executive Branch agencies with a keen focus on financial services, including HUD, and multiple independent agencies.

In Congress, she served in senior roles including Deputy Staff Director for the Senate Committee on Banking, Housing, and Urban Affairs and Deputy Staff Director for the Senate Committee on Appropriations under Senator Richard Shelby (R-AL). Wade holds an MBA from the Wharton School at the University of Pennsylvania and a BA in Economics from Georgetown University.

Waters Again Sounds Alarm on Need to Prevent Evictions; Calls Senate Republican HEALS Act a ‘Slap in the Face’ to Struggling Families. Read more

HUD Extends Mortgage Forbearance and Tenant Eviction Protections at Properties with HUD-Insured or HUD-Held Mortgages

HUD’s Office of Housing issued Notice H 20-07 “Coronavirus Aid, Relief, and Economic Security (CARES) Act Eviction Moratorium” on July 1.

The notice announces the ability of owners of HUD-insured or HUD-held mortgages to seek or extend mortgage forbearance, provided they also extend the moratorium on evictions. The notice also provides guidance on tenant protections for multifamily properties not subject to forbearance and those that only have HUD-assisted units. HUD writes that it is particularly concerned about the impact of the expiration of the tenant protections provided by the CARES Act, encouraging owners, agents, and contract administrators to work with residents who have been impacted by the coronavirus pandemic. Section 4024 of the CARES Act states that during the 120-day period running until July 24, borrowers that own certain multifamily properties under Section 4024 of the CARES Act must:

  • Not evict renters unable to pay rent;
  • Not charge tenants late fees or penalties for nonpayment of rent; and
  • Give tenants at least a 30-day notice to vacate and not give such a notice until the moratorium ends. Another part of the CARES Act, Section 4023, provides mortgage forbearance for owners with a federally backed multifamily mortgage who are experiencing financial hardship due to the pandemic. Forbearance could be for up to 90 days. If the servicer of the mortgage grants forbearance, the owner must provide tenants with the same eviction protections as Section 4024, but for the length of the forbearance.

Instead of directly stating that HUD will continue to consider borrowers’ requests for mortgage forbearance, Notice 20-07 has a long, dense paragraph on page 3 that indirectly extends mortgage forbearance. Some of the key provisions that indicate HUD will extend forbearance include (emphasis added):

  • Borrowers that received or will receive forbearance under the CARES Act at a later date, remain subject to the eviction moratorium and renter protection provisions under either Section 4023 or Section 4024, as applicable, until both the moratorium and the borrower’s forbearance periods have expired.
  • Many borrowers and lenders will negotiate additional forbearance relief beyond the 90-day period provided in the CARES Act.
  • HUD prior approval is required for such additional forbearance.
  • HUD is concerned that the tenant eviction protections afforded by the CARES Act may not carry beyond the 120-day period and terminate with the forbearance agreement extensions.
  • Therefore, HUD will condition approval of a forbearance extension on the borrower’s agreement to similarly extend the Section 4023 renter protections.
  • Borrowers with forbearance must comply with the guidance provided by Mortgagee Letter 2020-09, issued on April 10 (see Memo4/20), which is in effect until the termination of the national emergency declared by the President on March 13 or until December 31, whichever is earlier.

Two other important points are:

  • Borrowers who received forbearance when the CARES Act was first implemented are approaching the end of the 90-day forbearance term but are still required to continue to comply with the 120-day eviction moratorium and other renter protections required under Section 4024.
  • During the borrower’s forbearance period, the borrower must inform all residents of the prohibition against eviction solely for nonpayment of rent.

A following paragraph in the notice lists conditions that a borrower must agree to in order for HUD to approve a new, extended, or amended forbearance agreement. A borrower:

  • Must allow a tenant who missed rent payments during the borrower’s forbearance period to make up missed rent payments over a reasonable time to be determined by the borrower.
  • May not require missed rent payments be repaid in one lump sum at the end of the forbearance period.
  • Must not charge tenants late fees or penalties due to late or missed rent payments during the forbearance period:

o   the borrower’s repayment period following forbearance, and

o   until the borrower has repaid all forborne amounts.

  • Must, during the above periods, provide at least 30 days’ notice to vacate to any tenant being evicted solely for nonpayment of rent
  • Must inform all residents of the prohibition against eviction solely for nonpayment of rent during the borrower’s forbearance period.

With the impending expiration of the 120-day eviction moratorium, HUD is concerned about tenants in properties without forbearance that are insured by the Federal Housing Agency (FHA), have a HUD-held mortgage, or that only have assistance with Section 202 Supportive Housing for the Elderly or Section 811 Supportive Housing for Persons with Disabilities. HUD encourages owners of such properties to work with tenants to avoid evictions by providing repayment plans or by delaying evictions.

The notice reminds tenants and owners that the CARES Act provided supplemental funds for the Project-Based Section 8, Section 202, and Section 811 programs, and that a portion of this extra funding is designated for providing increased rental subsidies to owners to cover diminished tenant rent payments due to tenants’ reduced or lost wages. HUD reminds tenants to inform their landlord of reduced or lost wages and to request an interim income recertification. The Notice also encourages owners to inform tenants of their ability to request an interim income recertification.

Notice H 20-07 “Coronavirus Aid, Relief, and Economic Security (CARES) Act Eviction Moratorium” is at: https://bit.ly/2C0U0nn

More information about Project-Based Rental Assistance is on page 4-61 of NLIHC’s 2020 Advocates’ Guide.

More information about Section 202 Supportive Housing for the Elderly is on page 4-67 of NLIHC’s 2020 Advocates’ Guide.

Coronavirus Aid, Relief, and Economic Security (CARES) Act Eviction Moratorium. View PDF

Brian Montgomery confirmed to officially serve as deputy secretary of HUD

After already working in the role for nearly 18 months, Brian Montgomery was officially confirmed by the Senate Tuesday to serve as the deputy secretary of the Department of Housing and Urban Development.

Montgomery, who also leads the Federal Housing Administration, has served as the second in command at HUD on an interim basis since January 2019 when Pam Patenaude stepped down as deputy secretary.

In October 2019, President Donald Trump nominated Montgomery to be the second in line behind HUD Secretary Ben Carson.

The Senate Banking Committee approved Montgomery’s nomination in December, but an official vote on the Senate floor wasn’t held until this week when the Senate approved the nomination by a 61-32 margin. Keep reading

Addressing Tenant Concerns Regarding Rent and the Temporary Suspension of Evictions for Nonpayment of Rent

The U.S. Department of Housing and Urban Development (HUD) developed this flyer to provide Housing Choice Voucher (HCV), Public Housing, and Section 8 Moderate Rehabilitation (Mod Rehab) participants with important information and resources about paying rent during the national emergency concerning the coronavirus pandemic.

A model to prevent a wave of evictions in the wake of coronavirus recession

In East Garfield Park, an innovative community effort to preserve affordable housing was just getting off the ground this spring when the coronavirus pandemic hit Chicago –— and the stakes involved in the new project increased dramatically.

It was March 10 when residents released a Blueprint for Community Action to preserve affordability, following a nearly year-long community planning process. The blueprint laid out a series of immediate and long-term priorities around community benefits agreements, local business development, preventing displacement of renters and homeowners and increasing community ownership. Read more

Protections for renters during the coronavirus pandemic

If you’re having trouble making rent payments as a result of the coronavirus pandemic, you are not alone. Across the country, many tenants are facing job losses, furloughs, or reduced hours, and having to make tough financial decisions in order to make ends meet. Fortunately, there are steps all renters can take, as well as many significant protections from eviction that apply in certain situations.

In this blog, we will cover:

  • New protections
    • Federal protections for renters
    • State and local eviction protections
    • Protections from utility and phone disconnections
  • Where to get more help

Read it now

Questions and Answers for Office of Multifamily Housing Stakeholders
Coronavirus (COVID-19)

Last Updated: April 2, 2020, 8:00 a.m., ET (PDF)
Download PDF

FHFA Offers Owners of Multifamily Properties Mortgage Forbearance if They Agree to Suspend Evictions

To keep renters in multifamily properties in their home and to support multifamily property owners during the coronavirus national emergency, the Federal Housing Finance Agency (FHFA) is announcing that Fannie Mae and Freddie Mac (the Enterprises) will offer multifamily property owners mortgage forbearance with the condition that they suspend all evictions for renters unable to pay rent due to the impact of coronavirus. The eviction suspensions are in place for the entire duration of time that a property owner remains in forbearance. The forbearance is available to all multifamily properties with an Enterprise-backed performing multifamily mortgage negatively affected by the coronavirus national emergency.

Read more

House Financial Services Committee Releases Answers to Frequently Asked Questions About the CARES Act

Today, the House Financial Services Committee, led by Chairwoman Maxine Waters (D-CA), released a document with answers to frequently asked questions regarding financial services provisions in H.R. 748, the Coronavirus Aid, Relief and Economic Security Act (CARES Act), legislation that was passed into law to provide relief to those who are impacted by the Coronavirus pandemic.

This document was designed by the Majority staff of the House Financial Services Committee to provide additional information for consumers, renters, homeowners, small business owners, investors and others who may have questions about how the CARES Act will benefit them.

Chairwoman Waters and Financial Services Committee Members authored numerous provisions that were included in the CARES Act and continue their efforts to ensure their critical legislation is included in the ongoing legislative response to this crisis.

See Chairwoman Waters’ statement on the CARES Act here and answers to frequently asked questions below.

Homeland Security Cybersecurity (CISA) funding for property management staff.

As the nation responds to the significant impacts and displacements from COVID-19, rental housing is on the front lines. As millions of individuals and families self-quarantine or shelter in place, it is crucial that front-line property management staff can maintain service in these communities, while carrying out those services or that work in compliance with CDC and state and local health authorities’ Social Distancing Requirements. For that reason, we urge CISA to confirm that such operations and staff who conduct them will be deemed necessary to the operations and maintenance of “Essential Infrastructure,” by the federal government. This would include operation and management of housing (provided that they can as defined in this Section, to the extent possible.

FEMA disaster vouchers (e.g., management funding) will probably be distributed through HUD. Declarations will be via states and localities.

Next need to focus on funding for masks and gloves.

Foreclosure and Eviction Moratorium

Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act

Read the notice from HUD

Join “Fight for Housing Justice” Campaign to Oppose HUD’s Harmful Fair Housing Rule

(Jan 21, 2020 NATIONAL LOW-INCOME HOUSING COALITION)

The Trump administration published in the Federal Register on January 14 a proposed rule that would reverse efforts to undo historic and ongoing patterns of housing discrimination and segregation throughout the U.S. The proposed rule is now open for a 60-day public comment period. HUD provided an advance copy on January 7, and NLIHC used it to draft a short overview as well as a detailed summary and analysis. The proposed rule is the latest of this administration’s attacks on civil rights and affordable housing. NLIHC, the National Housing Law Project, and other partners are leading the effort to oppose the proposed rule through the Fight For Housing Justice campaign.

We urge all advocates to join us in submitting public comments opposing the rule before the March 16 deadline.

The administration’s proposal, led by HUD Secretary Ben Carson, would gut the landmark 2015 Affirmatively Furthering Fair Housing (AFFH) rule that provided guidance and tools to state and local governments and public housing agencies to help them better identify and decide how to address harmful patterns of segregation, discrimination, and disinvestment – patterns often created by government policy. The 2015 rule was developed over several years, with significant input from a wide variety of stakeholders.

The new “fair housing” rule absurdly ignores race, segregation, and housing discrimination and incorrectly equates increased housing supply with fair housing choice. The proposal will not promote fair housing or affordable housing goals, and it attacks protections for tenants, workers, and the environment. HUD’s proposed rule eliminates opportunities for public input on AFFH plans and lacks meaningful oversight and accountability. The proposed rule also greatly diminishes public housing agencies’ AFFH responsibilities, allowing them to merely certify they consulted with their local governments regarding how the two could satisfy their common AFFH obligations.

Organizations and individuals should submit comments opposing the proposed rule by the March 16 deadline. Visit www.FightForHousingJustice.org to submit a commentand find news, talking points, summaries and analyses, and other resources.

https://www.fightforhousingjustice.org

HUD Provides Lead-Safe Housing Rule Training Material

Jan 21, 2020

HUD has added training and resource webpages with information about federal lead regulations and the Lead Safe Housing Rule (LSHR) Amendment for pre-1978 housing on its website. The goal of these resources is to help public housing agencies (PHAs), HUD grantees, and owners respond to cases of elevated blood lead levels in children younger than 6 years old living in federally assisted homes. HUD’s Office of Lead Hazzard Control and Healthy Homes (OLHCCH) administers grant programs to reduce lead-based paint hazards and enforces the lead-based paint regulations.

HUD published on January 13, 2017, an amendment to the Lead Safe Housing Rule regarding the obligation to respond promptly to cases of children under age of 6 living in certain categories of HUD-assisted homes who have elevated blood lead levels (EBLLs).

The Lead Safe Housing Rule training webpage has two trainings, one for properties with tenant-based rental assistance (TBRA) and another for public housing and private housing assisted with HUD project-based assistance. For each, in addition to the webinars themselves, HUD provides webinar slides, a recording, and a transcript. In addition, there are three videos addressing the LSHR Amendment for public housing units, Housing Choice Voucher units, and Project-Based Voucher units. Read more.

Disparate Impact

HUD formally published in the Federal Register on August 19, proposed changes to the fair housing Disparate Impact rule that would make it far more difficult for people experiencing various forms of discrimination to challenge the practices of businesses, governments, and other large entities. As proposed, the current three-part “burden shifting” standard to show disparate impact would be radically changed to a five-component set of tests placing virtually all of the burden on people who are in “protected classes” – people of color, women, immigrants, families with children, people with disabilities, LGBTQ persons, and people of faith. The proposed rule also would provide special defenses for business practices that rely on statistics or algorithms.

Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Proposed Rules 

HUD proposes rule that would make housing discrimination lawsuits ‘impossible’

Today, the Department of Housing and Urban Development (HUD) introduced a proposal that would overhaul the Disparate Impact rule, a 2013 regulation from the Obama administration that created uniform standards for the application of disparate impact—the idea that a policy can be discriminatory even if discrimination is not the policy’s intent—in housing discrimination lawsuits. Read more

HUD Proposed Mixed-Status Immigrant-Family Rule

A group of 19 Democratic senators led by Senator Kirsten Gillibrand (D-NY) sent a letter on June 12 to HUD Secretary Ben Carson opposing the agency’s proposal to prohibit mixed-status immigrant families from living in public and other subsidized housing. The letter notes that 25,000 families, including 55,000 children who are U.S. citizens or who have legal status, are at risk of being made homeless by HUD’s proposal.

“Truncating current program benefits for residents in public and other assisted housing programs is misguided and will not solve the challenges our nation’s affordable housing programs face, as the Department and the Trump administration claim,” the senators state in the letter. “This is nothing more than an attempt to advance a dangerous agenda that targets and scapegoats the immigrant community.”

Additional signatories to the letter include Senators Ron Wyden (D-OR), Mazie Hirono (D-HI), Bernie Sanders (I-VT), Richard Blumenthal (D-CT), Chuck Schumer (D-NY), Edward Markey (D-MA), Patty Murray (D-WA), Tim Kaine (D-VA), Jack Reed (D-RI), Christopher Coons (D-DE), Michael Bennet (D-CO), Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Patrick Leahy (D-VT), Amy Klobuchar (D-MN), Kamala Harris (D-CA), Chris Van Hollen (D-MD), and Benjamin Cardin (D-MD).

See what other members of Congress have said in opposition to the rule at: https://www.keep-families-together.org/congress

House Committee Passes Bills Blocking Harmful HUD Proposals

The House Financial Services Committee passed two bills blocking harmful HUD proposals that would limit access to housing assistance for “mixed-status” immigrant families and transgender individuals experiencing homelessness. The “Keeping Families Together Act of 2019” (H.R. 2763) passed by a vote of 32-26 and the “Ensuring Equal Access to Shelter Act of 2019” (HR 3018) passed by a vote of 33-26, both along party lines.

Representative Sylvia Garcia (D-TX) introduced the “Keeping Families Together Act of 2019,” which would block HUD from implementing a proposed rule to prohibit “mixed-status” immigrant families from living in public and other subsidized housing, forcing families to either lose their homes or separate. Representative Jennifer Wexton (D-VA) introduced the “Ensuring Equal Access to Shelter Act of 2019,” which would prevent HUD from amending the Equal Access rule to allow homeless shelters to deny transgender people equal access to services, which could lead to increased deaths among transgender individuals experiencing homelessness. NLIHC strongly supports both of these bills.

HUD Issues Three Chapters of Revised Housing Voucher Guidebook

HUD’s Office of Public and Indian Housing (PIH) has published three of thirteen chapters of a revised Housing Choice Voucher Guidebook. The three chapters are “Eligibility Determination and Denial of Assistance,” “Moves and Portability,” and “Rent Reasonableness.” The previous guidebook (7420.10G) is from 2001.

The purpose of the revised guidebook is to inform public housing agencies (PHAs), households, and other stakeholders about how the voucher program is administered. It will contain regulatory requirements, PIH Notices, Federal Register notices, and other forms of guidance issued by HUD.

Because program policies and procedures change over time, the guidebook chapters will be active documents on HUD’s website. Individual chapters will be amended as policies are refined. The revised guidebook will have footnote citations whenever the word “must” is used. In many policy areas, HUD allows PHAs the flexibility to make local policy decisions, so it is important to note when HUD requires a policy to be adopted.

The Housing Choice Voucher Guidebook webpage is at:  https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook

PIH-REAC and Multifamily (MFH) Industry Day PowerPoint Presentation

Through its Physical Inspections Line of Business, HUD’s Real Estate Assessment Center (REAC) improves housing quality by performing accurate, credible, and reliable assessments of HUD’s real estate portfolio; helps ensure safe, healthy, decent affordable housing; and promotes sound property management practices.

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Keep Families Together – HUD Proposed Rule Separating Immigrant Families

On May 10, 2019, the U.S. Department of Housing and Urban Development (HUD) published a proposed rule that would prohibit “mixed-status” families from living in public and other subsidized housing. Mixed-status families are households that include both members who are eligible and ineligible for housing assistance based on their immigration status. Both statute and regulation allow families to live together in subsidized housing even if one family member is ineligible so long as the housing subsidy is decreased to exclude the ineligible person from the assistance. Importantly, just because a household member is an “ineligible” immigrant, it doesn’t mean that they are undocumented. Immigrants can have legal status and still not be eligible for public housing and Section 8 programs.

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President Trump Proposes Drastic Cuts to Affordable Housing Programs

National Low Income Housing Coalition Memo to Members  Mar 11, 2019

President Donald Trump’s fiscal year 2020 budget request – released today – proposes to drastically cut housing benefits that help millions of low-income seniors, people with disabilities, families with children, veterans, and other vulnerable people afford their homes. Like his other budget requests in FY18 and FY19, the proposal would reduce housing benefits for the lowest-income people by slashing federal investments in affordable homes, increasing rents, and imposing harmful work requirements on America’s struggling families. If enacted, the budget could leave even more low-income people without stable homes, undermining family stability, increasing evictions, and, in worst cases, leading to more homelessness.

Overall, the administration proposes to cut HUD by an astounding $9.6 billion or 18% below 2019 enacted levels, imposing deep cuts to affordable housing and community development, as well as other essential programs that ensure basic living standards.

NLIHC strongly urges Congress not only to reject Mr. Trump’s budget, but to significantly expand the investments in affordable homes that America’s families and communities need to thrive.

At a time when the affordable housing crisis has reached new heights and homelessness is increasing in some communities, the president’s proposal would eliminate or deeply cut essential housing and community development programs like the national Housing Trust Fund, the HOME Investments Partnership program, and public housing capital repairs.

The president would underfund rental assistance through the Housing Choice Voucher program and raise rents – by as much as three times current levels – on America’s poorest families. While the administration suggests its proposed budget would provide an increase in funding to the voucher program, this is misleading; the budget, in fact, includes cuts to housing assistance.

The budget would also impose punitive measures that would jeopardize family stability, increasing the financial burdens they face through higher rents and harmful work requirements that often push families deeper into poverty. Last year, HUD unveiled legislation to cut housing benefits through rent increases and work requirements. Learn more about President Trump’s proposed legislation to cut housing benefits, how cutting housing benefits would increase homelessness and housing poverty, and why this approach is has nothing to do with “increasing family self-sufficiency.”

“With this budget request, President Trump and Secretary Carson are making clear in no uncertain terms their willingness to increase evictions and homelessness – for the vulnerable seniors, people with disabilities and families with kids who will be unable to manage having to spend more of their very limited incomes to cover rent hikes,” said Diane Yentel, NLIHC president and CEO. “The administration callously disregards its responsibility to the millions of households living in deteriorating public housing and to low-income people and communities working to recover and rebuild after disasters by eliminating critical resources for public housing, rental housing construction and community development. This is a cruel and unconscionable budget proposal, and it should be soundly rejected by Congress.”

View FY19 Budget Chart for Selected HUD and USDA Programs

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FEMA

Reverse Mortgages- Home Equity Conversion Mortgages (HECM’s)

Without Department of Housing and Urban Development (HUD) guidelines the institutions of the secondary market will not purchase reverse mortgages on cooperative units. We need congressional help in urging HUD to release the Housing Cooperative HECM guidelines!