Federal Issues

HUD

TRUMP V. WASHINGTON — “Is Anybody Home at HUD?: A long-harbored conservative dream – the ‘dismantling of the administrative state’ – is taking place under Secretary Ben Carson,” by Alec MacGillis in New York Magazine: “To the extent that the new leadership was providing any guidance at all, it was often actively discouraging initiative on the part of employees. Shortly after the inauguration, a directive came down requiring employees to get tenth-floor approval for any contacts outside the building – professional conferences, or even just meetings with other departments. Ann Marie Oliva, a highly regarded HUD veteran who’d been hired during the George W. Bush administration and was in charge of homeless and HIV programs, was barred from attending a big annual conference on housing and homelessness in Ohio because, she inferred, some of the other speakers there leaned left.

“The department leadership was also actively slowing down new initiatives simply by taking a very long time to give the necessary supervisory approvals for the development of surveys or program guidance. In some cases, this appeared to be the result of mere negligence and delay. In other cases, it appeared more willful. For one thing, there was the leadership’s strong hang-up about all matters transgender-related. …

“More upsetting for many ambitious civil servants than the scattered nays coming from the tenth floor, though, was the lack of direction, period. Virtually all the top political jobs below Carson remained vacant. Carson himself was barely to be seen – he never made the walk-through of the building customary of past new secretaries. ‘It was just nothing,’ said one career employee. ‘I’ve never been so bored in my life. No agenda, nothing to move forward or push back against. Just nothing.'” – Read more.

Study Examines Health Status and Access to Health Services for HUD Tenants with Disabilities

A study by Debra Bricker, Veronica Helms, and Teresa Souza published in Housing Policy Debateexamines the health and healthcare utilization among HUD-assisted adults with disabilities. The study, Health and Health Services Access Among Adults with Disabilities Who Receive Federal Housing Assistance, finds that HUD-assisted adults with disabilities make up a greater proportion of the HUD-assisted population than previously believed and face important health disparities…Read more.

HUD Posts VAWA Forms for Comment

HUD has posted for comment four forms required by the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) and the implementing regulations. VAWA includes core protections across HUD programs, ensuring individuals are not denied assistance, evicted, or have their assistance terminated because of their status as survivors of domestic violence, dating violence, sexual assault, or stalking, or for being affiliated with a victim…Learn More.

These forms are published for comment only.  The forms are not final and should not be used at this time. The 60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013.

HUD Confirmations Move Forward Slowly

The Senate confirmed a slate of nominations before it went on August recess, including for key positions at HUD and the Treasury. The Senate confirmed Neal Rackleff as assistant secretary for HUD’s Office of Community Planning and Development, Anna Maria Farias as HUD’s assistant secretary for Fair Housing and Equal Opportunity, and David Kautter as assistant secretary of the Treasury for Tax Policy. The package of nominations did not include Pamela Patenaude or Paul Compton, who were previously advanced by the Senate Committee on Banking, Housing and Urban Affairs…Learn More.

HUD Announces Additions to Senior Team

Sheila Greenwood, chief of staff to HUD Secretary Ben Carson, announced a number additions to the HUD senior management team…Learn More.

Utility Benchmarking and the CNA e-Tool

Dear Multifamily Partners,

The following is clarification on utility benchmarking and the CNA e-Tool.

Utility Benchmarking

  • This Paperwork Reduction Act (PRA) proposal was released in a Federal Register Notice on October 4, 2016, for a 60-day public comment period. The PRA Notice is specific to assisted multifamily properties since the requirements for FHA multifamily insured programs was listed in the 2016 MAP Guide.
  • The Administration has been briefed on the proposed Multifamily Housing Utility Benchmarking requirement, which was concurrent with a PIH Notice of benchmarking reporting in the public housing portfolio.
  • We are awaiting decision on how, when, and if to move forward with the benchmarking reporting and collection outlined in the PRA Notice. As stated in that Notice, HUD will publish a final Notice, and the benchmarking reporting will be effective 90 days later.
  • The 2016 Map Guide requires benchmarking for all FHA multifamily insurance applications as a component of the CNA e-Tool.
  • Because of delays in deploying the CNA e-Tool, however, that benchmarking requirement has also been delayed, except for transactions requesting the lower MIP rates for green/energy efficient properties, where the benchmarking reporting has been and will continue to be a requirement.
  • Though the CNA e-Tool is now fully operational and will be the required format for FHA applications effective October 1, until a decision is made on HUD’s larger benchmarking PRA collection, HUD will continue to require benchmarking as a component of the FHA applications and CNA e-Tool only for transactions requesting the green/energy efficient MIP.
  • Benchmarking will be required as a component of the CNA e-Tool for all new FHA multifamily insurance applications if and when the Department moves forward on its larger benchmarking collection requirements, which will be announced through a final PRA publication.

Capital Needs Assessment Electronic Tool (CNA e-Tool)

  • Housing Notice 2017-4, issued on April 19, 2017, amended Housing Notice 2016-18, by delaying the implementation date for the CNA e-Tool. To ensure adequate time for users to familiarize themselves with the tool, the required use of the CNA e-Tool for all CNAs submitted under covered programs was delayed from July 1, 2017, to October 1, 2017.
  • Use of the CNA e-Tool will be required effective October 1, 2017.  We’ve been talking about this for years, keeping industry apprised that it’s coming, and now it’s here.
  • There will be a learning curve for all of us, but we are confident that uniform use of this standard format tool will benefit all program participants and HUD staff, and therefore streamline our processes, so we’re ready to move forward.
  • We are currently planning in-person trainings in 14 field offices/cities for lenders and needs assessors.  These are scheduled to begin early September and are designed as two consecutive days of training.  You can sign up here to receive news on these upcoming trainings as well as additional operational updates.
  • Use of the CNA e-Tool is voluntary for all CNAs submitted through September 30, 2017. All CNAs submitted to HUD on or after October 1, 2017 must be submitted through the CNA e-Tool to fulfill program requirements. All other provisions of Housing Notice 2016-18 remain in effect, including programs covered.
  • HUD believes the market has or soon will have capacity to manage the demand for CNAs prepared in this format; we are aware of multiple CNA assessors/providers/contractors that are prepared and ready to provide the service.  Lenders should ensure that the CNA assessors/providers that they use or intend to use are trained and prepared to utilize the CNA e-Tool.
  • We have received the first few FHA applications using the CNA e-Tool, so we know that some lenders, and some of the CNA assessors out there, have gotten themselves up the learning curve.  We encourage lenders and assessors to get familiar with the tool now by using the resources on the CNA e-Tool webpage.
  • Some industry members had asked which version of Microsoft Office is needed when working with the CNA e-Tool.  Microsoft Office 2010 and subsequent versions are compatible.

If you have additional questions, please feel free to contact us at this address.

Thank you.

Multifamily Communications Team
Office of Multifamily Housing Programs
U.S. Department of Housing and Urban Development


Consumer Financial Protection Bureau Finalizes Updates “Know Before You Owe” Mortgage Disclosure Rule

Cooperatives: The Bureau is finalizing updates to extend the rule’s coverage to include all cooperativeunits. Currently, the rule only covers transactions secured by real property, as defined under state law. Cooperatives are sometimes treated as personal property under state law and sometimes as real property. By including all cooperatives in the rule, the Bureau is simplifying compliance and ensuring that more consumers benefit from the rule… Learn more

How to Use CDBG for Public Service Activities

Is now a good time to consider how to design an effective Community Development Block Grant (CDBG) public service program to offer expanded services or respond to a new community need? Do you need a refresher on the spending cap for CDBG public service activities, or how to document income eligibility for public services?…Learn More.

Everyone On and HUD Announce Expansion of Broadband Pilot

EveryoneOn, a national nonprofit working to eliminate the “digital divide” in partnership with HUD, announced last week the launch of ConnectHome Nation, a continuation of its pilot program to bring high-speed Internet access to low-income families living in HUD-assisted housing. The pilot has connected more than 20,000 households to broadband access, supplied over 7,000 devices and provided more than 200 computer literacy training modules in 28 communities. ConnectHome Nation, whose online platform and application will be available in July 2017, aims to expand to 100 communities by 2020, with the potential to reach 350,000 residents nationwide. The platform will also provide a new mentorship program and an open-source digital platform for communities to interact and exchange best practices…Learn More.

Straight Talk for Seniors®: 10 Ways the Administration’s Budget Would Impact Senior Programs

The White House released its first full budget proposal today, and it includes historic cuts to—and even elimination of—programs that older adults and their families have relied on for more than 50 years…Learn More.

HUD Announces Start Date for Housing Counselor Certification Examination

The HUD Certified Housing Counselor Examination will be available starting on August 1, 2017, and as of August 1, 2020, housing counseling required by or provided in connection with HUD programs may only be provided by HUD certified housing counselors working for participating agencies approved to provide such housing counseling by HUD’s Office of Housing Counseling. This notice also announces a reduction to the cost of the Housing Counselor Examination…Learn More.

Reducing Regulatory Burden; Enforcing the Regulatory Reform Agenda Under Executive Order 13777

As required by Executive Order 13777, HUD is in the process of establishing a Regulatory Task Force charged with identifying agency regulations that should be repealed, replaced, or modified. As part of this review, HUD invites public comments to assist in identifying existing regulations that may be outdated, ineffective, or excessively burdensome. HUD’s goal in conducting the review is to make the Department’s regulations more effective and less burdensome in achieving HUD’s mission to create strong, sustainable, inclusive communities, and quality affordable homes for all…Learn More.

Comment Due Date: June 14, 2017.

Secretary Carson Continues Listening Tour

HUD Secretary Ben Carson finished his fourth stop on his listening tour last week, wrapping up a week in Columbus, Ohio visiting HUD-funded housing properties and speaking with local housing advocates. In a recent interview, HUD Secretary Ben Carson discussed his tour, housing as a part of an infrastructure package, HUD’s budget and efforts to achieve housing finance reform. The secretary offered few specifics on his policy plans, but he did acknowledge the nation’s severe shortage of affordable housing. “Certainly it’s been impressed on me the urgency of us thinking out of the box in order to be able to provide more people with affordable housing,” said Secretary Carson. “Housing is not getting less expensive. It’s going to be an increasing problem unless we get a handle on it soon.” Carson also emphasized public-private partnerships in an interview, saying he “wants to explore working with the Treasury Department and the IRS on how to make the Low-Income Housing Tax Credit ‘more effective, efficient and more widespread.’” Sec. Carson also recently said that the Trump Administration will seek to include housing funding in an infrastructure spending bill.

Ben Carson brings HUD listening tour to urban, rural Ohio | ABC News
Carson assures advocates that White House will include housing funding in infrastructure bill | The Washington Post

HUD Multifamily Utility Benchmarking Webinar Series:Sharing Multifamily

Utility Benchmarking Results and Building on Success – May 11, 2017…Learn More.

Pamela Patenaude Nominated as HUD Deputy Secretary, Other Nominees Announced and Confirmed

Last week, President Trump announced that he will nominate Pamela Hughes Patenaude to serve as HUD Deputy Secretary, working alongside Secretary Ben Carson. Patenaude, who is currently the president of the J. Ronald Terwillinger Foundation for Housing America’s Families, has a long history in the housing and community development industry, previously serving as HUD assistant secretary for community planning and development under President George W. Bush, executive vice president at the Urban Land Institute, and director of housing policy at the Bipartisan Policy Center.

Enterprise’s statement on Pamela Patenaude

Pamela Patenaude Nominated as HUD Deputy Secretary, Other Nominees Announced and Confirmed Last week, President Trump announced that he will nominate Pamela Hughes Patenaude to serve as HUD Deputy Secretary, working alongside Secretary Ben Carson. Patenaude, who is currently the president of the J. Ronald Terwillinger Foundation for Housing America’s Families, has a long history in the housing and community development industry, previously serving as HUD assistant secretary for community planning and development under President George W. Bush, executive vice president at the Urban Land Institute, and director of housing policy at the Bipartisan Policy Center. Read Enterprise’s statement on Pamela Patenaude’s nomination. Also last week, the Administration also tapped Neal Rackleff for Assistant Secretary of Community Planning and Development at HUD. Rackleff is a partner at Locke Lord LLP, specializing in economic development, affordable housing and inner-city revitalization. Formerly, Rackleff was the Director of the Housing and Community Development Department for the City of Houston, where he focused on improving the city’s troubled CDBG Disaster Recovery program.

Also last week, the Administration also tapped Neal Rackleff for Assistant Secretary of Community Planning and Development at HUD. Rackleff is a partner at Locke Lord LLP, specializing in economic development, affordable housing and inner-city revitalization. Formerly, Rackleff was the Director of the Housing and Community Development Department for the City of Houston, where he focused on improving the city’s troubled CDBG Disaster Recovery program.

 

Report Recommends Reforms to the Community Development Block Grant Program

A report by the Urban Institute’s Brett Theodos, Christina Plerhoples Stacy, and Helen Ho, Taking Stock of the Community Development Block Grant, indicates that Community Development Block Grant (CDBG) funding has declined by 80% in real dollars since its peak in 1979 from $15 billion to $3 billion (2016 dollars). President Trump’s 2018 budget proposal eliminates the program altogether. Critics contend that the program is ineffective and inefficient. Grantees, however, report that CDBG funding is essential to community and economic development. The authors recommend changes to improve the effectiveness of the CDBG program… Read more.

OMB Requires Federal Agencies to Cut Workforce

Office of Management and Budget (OMB) Director Mick Mulvaney issued a memorandum requiring all federal agencies to begin taking immediate actions to achieve near-term workforce reductions and cost savings based on the President Donald Trump’s FY18 Budget Blueprint. The memorandum also requires agencies to submit a high-level draft of an Agency Reform Plan by June 30, with a full plan by September, which includes workforce reductions over the next four years. Memorandum (M-17-22) dated April 12 provides guidance on fulfilling the requirements of President Trump’s Executive Order 13781 from March 13… Read more.

CHCDF Webinar on Trump Budget Now Available Online

The Campaign for Housing and Community Development Funding (CHCDF) hosted a webinar on March 20 on how housing advocates can help stop President Donald Trump’s FY18 budget proposal in its tracks. Nearly 3000 organizations registered to participate in the webinar. A recording of the webinar is now available onlineRead more.

Carson assures advocates that White House will include housing funding in infrastructure bill

HUD Secretary Ben Carson said Monday that the Trump administration will seek to include housing funding in a yet-to-be unveiled infrastructure spending bill.

“The part that people are not hearing even though I’ve said it several times is that this administration considers housing a significant part of infrastructure in our country. And as such, the infrastructure bill that’s being worked on has a significant inclusion of housing in it,” Carson said at the National Low Income Housing Coalition conference in Washington…Read more.

Straight Talk for Seniors®: Federal Funding for Aging Services

It’s budget season in Washington, DC, and funding for senior programs is at stake for two time periods—the rest of fiscal year 2017 (FY17, ending Sept. 30) and all of fiscal year 2018 (FY18, starting Oct. 1)…Read more.

HUD Launches New Community Investment Tool

An online tool generates a snapshot of HUD’s investment at the community level, Community Assessment Reporting Tool (CART) is an innovative reference and mapping tool created to provide a snapshot of HUD investments… Read more.

HUD Issues Final Smoke-Free Public Housing Rule

HUD released  the final rule requiring public housing agencies (PHAs) to implement a smoke-free policy within 18 months The final rule has only one change from the proposed… Read more.

HUD Proposes Revisions to Multifamily Asset Handbook

HUD’s Office of Multifamily Housing Programs (Multifamily) released draft revisions of five chapters of Handbook 4350.1, Multifamily Asset Management and Project Servicing. Read more.

HUD Proposes Enhanced Voucher Rules

After decades of using PIH Notices to guide the provision of enhanced vouchers, HUD’s Office of Public and Indian Housing (PIH) is proposing changes to the Housing Choice Voucher regulations… Read more.

U.S. Department of Commerce “researching feasibility” of including co-ops in 2017 Economic Census

The U.S. Department of Commerce last week acknowledged receipt of a co-signed letter addressing a decades-long absence of federally-reported data on co-ops and said its Census Bureau is currently “researching the feasibly” of including questions on cooperatives in the 2017 Economic Census. Read more.

The USAGov Contact Center Connects You to Answers from Your Government

WASHINGTON, July 13, 2016 /PRNewswire-USNewswire/ — On November 13, 2015 at approximately 4:20 PM ET, a set of coordinated attacks shook Paris. At approximately 5:00 PM ET, the USAGov Contact Center, handling calls for the Department of State, received its first call about the attacks: An American woman was shot in Paris. Her worried mother had no way to reach her. Read more.

FEMA

Federal Emergency Management Agency (FEMA) Disaster Relief for Housing Cooperatives

HUD announced that $2.5 billion of Community Development Block Grant Funding (CDBG) was available through a Competitive Federal Grant from HUD to four states and New York City to address the remaining needs and promote resiliency for Sandy hurricane disaster relief. View here.

In response to a congressional request, FEMA released its report to Congress in June of 2014, confirming and stating more or less publicly that housing cooperatives are not covered by FEMA Disaster Relief. The wording in the conclusion to amend the Stafford Act is stated in a positive way.  Rep. Israel plans to meet with Department of Homeland Security Secretary Johnson.

 


HUD

Consumer Financial Protection Bureau (CFPB)

Part of it proposes to clarify that all mortgage transactions involving coops should receive the CFPB’s newly designed integrated mortgage disclosures (aka TRID) regardless of whether state law classifies coop shares as real or personal property. Read more.

AGING IN PLACE DESIGN GUIDELINES FOR INDEPENDENT LIVING IN MULTIFAMILY BUILDINGS

Enterprise Community Partners is committed to ensuring that older adults have the services and support they need to live independently with dignity in their homes and communities. Read more.

HUD Issues Final Rule to Ensure EQUAL ACCESS TO HOUSING AND SERVICES REGARDLESS OF GENDER IDENTITY

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today published a final rule to ensure that all individuals have equal access to many of the Department’s core shelter programs in accordance with their gender identity. Read more.

New Evaluation Finds RAD Attracting Private Capital to Preserve Public Housing

On September 20, HUD published a final rule to ensure that individuals, regardless of gender identity, have equal access to HUD’s housing programs. In order to address issue of discrimination against transgender individuals in homeless shelters, the rule will require homeless shelter operators to serve people in accordance with their gender identity. Read more.

Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act

This final rule amends HUD’s fair housing regulations to formalize standards for use in investigations and adjudications involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability. Read more.

VAWA 

Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services. Read more.

HUD ANNOUNCES NEW PROTECTIONS FOR VICTIMS OF HARASSMENT AND SURVIVORS OF DOMESTIC VIOLENCE

WASHINGTON – The U.S. Department of Housing and Urban Development announced today that it is publishing a final rule formalizing legal standards under the Fair Housing Act for sexual and other forms of harassment in housing. Read more.

HUD OGC has issued a 10 page memo to provide guidance on criminal records and fair housing act standards in housing

Office of General Counsel Guidance on Application of Fair Housing Act Standards
to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions. Read more.

HUD Proposes Rule Requiring Broadband Technology in Multifamily Housing

In an effort to provide affordable internet access to children and families living in federally assisted housing, HUD has proposed a rule to require the installation of broadband infrastructure in most HUD-financed multifamily housing developments during their construction or substantial rehabilitation. The rule would apply to buildings financed by most of HUD’s major rental assistance programs, but not to housing that is financed by a mortgage insured by the Federal Housing Administration or a HUD loan guarantee program. HUD estimates that the costs would be minimal, and that the requirement would not result in a reduction in the number or size of apartments developed. This proposed rule follows a Presidential memorandum issued in March 2015, in which President Obama declared that access to high-speed broadband is no longer a luxury, but a necessity. HUD has implemented numerous initiatives since then to increase access to broadband, including the ConnectHome digital opportunity demonstration. Comments on the proposed rule are due on July 18. Read more.

HUD Releases Guide on Preserving Section 236 Properties

HUD’s Office of Recapitalization has published Preservation Options for Section 236 Properties, a guide outlining the options that owners have to preserve Section 236 properties as affordable housing. HUD encourages owners to take action this year because all Section 236 loans will mature in the next three years. Read more.

Government Relations Committee Alert!

Nearly five years ago the U.S. Department of Housing and Urban Renewal (HUD) stopped doing Management and Occupancy Reviews (MORs) in 42 states. In late 2015 HUD issued a letter to the Performance-Based Contract Administrators (PBCA’s) that MOR’s are to start again in the 42 states with the appropriate additional funding. They are scheduled to start March 1, 2016.

HUD indicated that they will start with “high-risk” building in their portfolio. HUD may look at the following factors:

  • An owner/agent (O/A) had a previous below average or unsatisfactory MOR rating
  • Active Partners Performance System (APPS) flag
  • Failing Real Estate Assessment Center (REAC) score
  • Poor financial ratings in the Financial Assessment Subsystem (FASS)
  • Recent Office of Inspector General (OIG) investigation or referrals

Just to name a few. NAHC recommends that you review all your files and records in order to pass an MOR . So if you are a HUD cooperative, now is your opportunity to perform quality control checks to reduce or eliminate the number of findings in a MOR inspection.

HUD Guidance on Using NHTF, HOME, and CDBG for Broadband Infrastructure

HUD updated its National Housing Trust Fund (NHTF) Frequently Asked Questions (FAQs) on December 30, 2015 to clarify that NHTF money may be used for installing broadband infrastructure. On the same day, HUD also issued a similar FAQ for the HOME program. On January 7, HUD issued CDBG broadband FAQs. Read more.

CDBG Broadband Infrastructure FAQs

This document contains Community Development Block Grant (CDBG) Entitlement Program and State CDBG Program Frequently Asked Questions (FAQs) regarding broadband infrastructure. Read more.

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

HUD

TRUMP V. WASHINGTON — “Is Anybody Home at HUD?: A long-harbored conservative dream – the ‘dismantling of the administrative state’ – is taking place under Secretary Ben Carson,” by Alec MacGillis in New York Magazine: “To the extent that the new leadership was providing any guidance at all, it was often actively discouraging initiative on the part of employees. Shortly after the inauguration, a directive came down requiring employees to get tenth-floor approval for any contacts outside the building – professional conferences, or even just meetings with other departments. Ann Marie Oliva, a highly regarded HUD veteran who’d been hired during the George W. Bush administration and was in charge of homeless and HIV programs, was barred from attending a big annual conference on housing and homelessness in Ohio because, she inferred, some of the other speakers there leaned left.

“The department leadership was also actively slowing down new initiatives simply by taking a very long time to give the necessary supervisory approvals for the development of surveys or program guidance. In some cases, this appeared to be the result of mere negligence and delay. In other cases, it appeared more willful. For one thing, there was the leadership’s strong hang-up about all matters transgender-related. …

“More upsetting for many ambitious civil servants than the scattered nays coming from the tenth floor, though, was the lack of direction, period. Virtually all the top political jobs below Carson remained vacant. Carson himself was barely to be seen – he never made the walk-through of the building customary of past new secretaries. ‘It was just nothing,’ said one career employee. ‘I’ve never been so bored in my life. No agenda, nothing to move forward or push back against. Just nothing.'” – Read more.

Study Examines Health Status and Access to Health Services for HUD Tenants with Disabilities

A study by Debra Bricker, Veronica Helms, and Teresa Souza published in Housing Policy Debateexamines the health and healthcare utilization among HUD-assisted adults with disabilities. The study, Health and Health Services Access Among Adults with Disabilities Who Receive Federal Housing Assistance, finds that HUD-assisted adults with disabilities make up a greater proportion of the HUD-assisted population than previously believed and face important health disparities…Read more.

HUD Posts VAWA Forms for Comment

HUD has posted for comment four forms required by the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) and the implementing regulations. VAWA includes core protections across HUD programs, ensuring individuals are not denied assistance, evicted, or have their assistance terminated because of their status as survivors of domestic violence, dating violence, sexual assault, or stalking, or for being affiliated with a victim…Learn More.

These forms are published for comment only.  The forms are not final and should not be used at this time. The 60-Day Notice of Proposed Information Collection: Implementation of the Violence Against Women Reauthorization Act of 2013.

HUD Confirmations Move Forward Slowly

The Senate confirmed a slate of nominations before it went on August recess, including for key positions at HUD and the Treasury. The Senate confirmed Neal Rackleff as assistant secretary for HUD’s Office of Community Planning and Development, Anna Maria Farias as HUD’s assistant secretary for Fair Housing and Equal Opportunity, and David Kautter as assistant secretary of the Treasury for Tax Policy. The package of nominations did not include Pamela Patenaude or Paul Compton, who were previously advanced by the Senate Committee on Banking, Housing and Urban Affairs…Learn More.

HUD Announces Additions to Senior Team

Sheila Greenwood, chief of staff to HUD Secretary Ben Carson, announced a number additions to the HUD senior management team…Learn More.

Utility Benchmarking and the CNA e-Tool

Dear Multifamily Partners,

The following is clarification on utility benchmarking and the CNA e-Tool.

Utility Benchmarking

  • This Paperwork Reduction Act (PRA) proposal was released in a Federal Register Notice on October 4, 2016, for a 60-day public comment period. The PRA Notice is specific to assisted multifamily properties since the requirements for FHA multifamily insured programs was listed in the 2016 MAP Guide.
  • The Administration has been briefed on the proposed Multifamily Housing Utility Benchmarking requirement, which was concurrent with a PIH Notice of benchmarking reporting in the public housing portfolio.
  • We are awaiting decision on how, when, and if to move forward with the benchmarking reporting and collection outlined in the PRA Notice. As stated in that Notice, HUD will publish a final Notice, and the benchmarking reporting will be effective 90 days later.
  • The 2016 Map Guide requires benchmarking for all FHA multifamily insurance applications as a component of the CNA e-Tool.
  • Because of delays in deploying the CNA e-Tool, however, that benchmarking requirement has also been delayed, except for transactions requesting the lower MIP rates for green/energy efficient properties, where the benchmarking reporting has been and will continue to be a requirement.
  • Though the CNA e-Tool is now fully operational and will be the required format for FHA applications effective October 1, until a decision is made on HUD’s larger benchmarking PRA collection, HUD will continue to require benchmarking as a component of the FHA applications and CNA e-Tool only for transactions requesting the green/energy efficient MIP.
  • Benchmarking will be required as a component of the CNA e-Tool for all new FHA multifamily insurance applications if and when the Department moves forward on its larger benchmarking collection requirements, which will be announced through a final PRA publication.

Capital Needs Assessment Electronic Tool (CNA e-Tool)

  • Housing Notice 2017-4, issued on April 19, 2017, amended Housing Notice 2016-18, by delaying the implementation date for the CNA e-Tool. To ensure adequate time for users to familiarize themselves with the tool, the required use of the CNA e-Tool for all CNAs submitted under covered programs was delayed from July 1, 2017, to October 1, 2017.
  • Use of the CNA e-Tool will be required effective October 1, 2017.  We’ve been talking about this for years, keeping industry apprised that it’s coming, and now it’s here.
  • There will be a learning curve for all of us, but we are confident that uniform use of this standard format tool will benefit all program participants and HUD staff, and therefore streamline our processes, so we’re ready to move forward.
  • We are currently planning in-person trainings in 14 field offices/cities for lenders and needs assessors.  These are scheduled to begin early September and are designed as two consecutive days of training.  You can sign up here to receive news on these upcoming trainings as well as additional operational updates.
  • Use of the CNA e-Tool is voluntary for all CNAs submitted through September 30, 2017. All CNAs submitted to HUD on or after October 1, 2017 must be submitted through the CNA e-Tool to fulfill program requirements. All other provisions of Housing Notice 2016-18 remain in effect, including programs covered.
  • HUD believes the market has or soon will have capacity to manage the demand for CNAs prepared in this format; we are aware of multiple CNA assessors/providers/contractors that are prepared and ready to provide the service.  Lenders should ensure that the CNA assessors/providers that they use or intend to use are trained and prepared to utilize the CNA e-Tool.
  • We have received the first few FHA applications using the CNA e-Tool, so we know that some lenders, and some of the CNA assessors out there, have gotten themselves up the learning curve.  We encourage lenders and assessors to get familiar with the tool now by using the resources on the CNA e-Tool webpage.
  • Some industry members had asked which version of Microsoft Office is needed when working with the CNA e-Tool.  Microsoft Office 2010 and subsequent versions are compatible.

If you have additional questions, please feel free to contact us at this address.

Thank you.

Multifamily Communications Team
Office of Multifamily Housing Programs
U.S. Department of Housing and Urban Development


Consumer Financial Protection Bureau Finalizes Updates “Know Before You Owe” Mortgage Disclosure Rule

Cooperatives: The Bureau is finalizing updates to extend the rule’s coverage to include all cooperativeunits. Currently, the rule only covers transactions secured by real property, as defined under state law. Cooperatives are sometimes treated as personal property under state law and sometimes as real property. By including all cooperatives in the rule, the Bureau is simplifying compliance and ensuring that more consumers benefit from the rule… Learn more

How to Use CDBG for Public Service Activities

Is now a good time to consider how to design an effective Community Development Block Grant (CDBG) public service program to offer expanded services or respond to a new community need? Do you need a refresher on the spending cap for CDBG public service activities, or how to document income eligibility for public services?…Learn More.

Everyone On and HUD Announce Expansion of Broadband Pilot

EveryoneOn, a national nonprofit working to eliminate the “digital divide” in partnership with HUD, announced last week the launch of ConnectHome Nation, a continuation of its pilot program to bring high-speed Internet access to low-income families living in HUD-assisted housing. The pilot has connected more than 20,000 households to broadband access, supplied over 7,000 devices and provided more than 200 computer literacy training modules in 28 communities. ConnectHome Nation, whose online platform and application will be available in July 2017, aims to expand to 100 communities by 2020, with the potential to reach 350,000 residents nationwide. The platform will also provide a new mentorship program and an open-source digital platform for communities to interact and exchange best practices…Learn More.

Straight Talk for Seniors®: 10 Ways the Administration’s Budget Would Impact Senior Programs

The White House released its first full budget proposal today, and it includes historic cuts to—and even elimination of—programs that older adults and their families have relied on for more than 50 years…Learn More.

HUD Announces Start Date for Housing Counselor Certification Examination

The HUD Certified Housing Counselor Examination will be available starting on August 1, 2017, and as of August 1, 2020, housing counseling required by or provided in connection with HUD programs may only be provided by HUD certified housing counselors working for participating agencies approved to provide such housing counseling by HUD’s Office of Housing Counseling. This notice also announces a reduction to the cost of the Housing Counselor Examination…Learn More.

Reducing Regulatory Burden; Enforcing the Regulatory Reform Agenda Under Executive Order 13777

As required by Executive Order 13777, HUD is in the process of establishing a Regulatory Task Force charged with identifying agency regulations that should be repealed, replaced, or modified. As part of this review, HUD invites public comments to assist in identifying existing regulations that may be outdated, ineffective, or excessively burdensome. HUD’s goal in conducting the review is to make the Department’s regulations more effective and less burdensome in achieving HUD’s mission to create strong, sustainable, inclusive communities, and quality affordable homes for all…Learn More.

Comment Due Date: June 14, 2017.

Secretary Carson Continues Listening Tour

HUD Secretary Ben Carson finished his fourth stop on his listening tour last week, wrapping up a week in Columbus, Ohio visiting HUD-funded housing properties and speaking with local housing advocates. In a recent interview, HUD Secretary Ben Carson discussed his tour, housing as a part of an infrastructure package, HUD’s budget and efforts to achieve housing finance reform. The secretary offered few specifics on his policy plans, but he did acknowledge the nation’s severe shortage of affordable housing. “Certainly it’s been impressed on me the urgency of us thinking out of the box in order to be able to provide more people with affordable housing,” said Secretary Carson. “Housing is not getting less expensive. It’s going to be an increasing problem unless we get a handle on it soon.” Carson also emphasized public-private partnerships in an interview, saying he “wants to explore working with the Treasury Department and the IRS on how to make the Low-Income Housing Tax Credit ‘more effective, efficient and more widespread.’” Sec. Carson also recently said that the Trump Administration will seek to include housing funding in an infrastructure spending bill.

Ben Carson brings HUD listening tour to urban, rural Ohio | ABC News
Carson assures advocates that White House will include housing funding in infrastructure bill | The Washington Post

HUD Multifamily Utility Benchmarking Webinar Series:Sharing Multifamily

Utility Benchmarking Results and Building on Success – May 11, 2017…Learn More.

Pamela Patenaude Nominated as HUD Deputy Secretary, Other Nominees Announced and Confirmed

Last week, President Trump announced that he will nominate Pamela Hughes Patenaude to serve as HUD Deputy Secretary, working alongside Secretary Ben Carson. Patenaude, who is currently the president of the J. Ronald Terwillinger Foundation for Housing America’s Families, has a long history in the housing and community development industry, previously serving as HUD assistant secretary for community planning and development under President George W. Bush, executive vice president at the Urban Land Institute, and director of housing policy at the Bipartisan Policy Center.

Enterprise’s statement on Pamela Patenaude

Pamela Patenaude Nominated as HUD Deputy Secretary, Other Nominees Announced and Confirmed Last week, President Trump announced that he will nominate Pamela Hughes Patenaude to serve as HUD Deputy Secretary, working alongside Secretary Ben Carson. Patenaude, who is currently the president of the J. Ronald Terwillinger Foundation for Housing America’s Families, has a long history in the housing and community development industry, previously serving as HUD assistant secretary for community planning and development under President George W. Bush, executive vice president at the Urban Land Institute, and director of housing policy at the Bipartisan Policy Center. Read Enterprise’s statement on Pamela Patenaude’s nomination. Also last week, the Administration also tapped Neal Rackleff for Assistant Secretary of Community Planning and Development at HUD. Rackleff is a partner at Locke Lord LLP, specializing in economic development, affordable housing and inner-city revitalization. Formerly, Rackleff was the Director of the Housing and Community Development Department for the City of Houston, where he focused on improving the city’s troubled CDBG Disaster Recovery program.

Also last week, the Administration also tapped Neal Rackleff for Assistant Secretary of Community Planning and Development at HUD. Rackleff is a partner at Locke Lord LLP, specializing in economic development, affordable housing and inner-city revitalization. Formerly, Rackleff was the Director of the Housing and Community Development Department for the City of Houston, where he focused on improving the city’s troubled CDBG Disaster Recovery program.

 

Report Recommends Reforms to the Community Development Block Grant Program

A report by the Urban Institute’s Brett Theodos, Christina Plerhoples Stacy, and Helen Ho, Taking Stock of the Community Development Block Grant, indicates that Community Development Block Grant (CDBG) funding has declined by 80% in real dollars since its peak in 1979 from $15 billion to $3 billion (2016 dollars). President Trump’s 2018 budget proposal eliminates the program altogether. Critics contend that the program is ineffective and inefficient. Grantees, however, report that CDBG funding is essential to community and economic development. The authors recommend changes to improve the effectiveness of the CDBG program… Read more.

OMB Requires Federal Agencies to Cut Workforce

Office of Management and Budget (OMB) Director Mick Mulvaney issued a memorandum requiring all federal agencies to begin taking immediate actions to achieve near-term workforce reductions and cost savings based on the President Donald Trump’s FY18 Budget Blueprint. The memorandum also requires agencies to submit a high-level draft of an Agency Reform Plan by June 30, with a full plan by September, which includes workforce reductions over the next four years. Memorandum (M-17-22) dated April 12 provides guidance on fulfilling the requirements of President Trump’s Executive Order 13781 from March 13… Read more.

CHCDF Webinar on Trump Budget Now Available Online

The Campaign for Housing and Community Development Funding (CHCDF) hosted a webinar on March 20 on how housing advocates can help stop President Donald Trump’s FY18 budget proposal in its tracks. Nearly 3000 organizations registered to participate in the webinar. A recording of the webinar is now available onlineRead more.

Carson assures advocates that White House will include housing funding in infrastructure bill

HUD Secretary Ben Carson said Monday that the Trump administration will seek to include housing funding in a yet-to-be unveiled infrastructure spending bill.

“The part that people are not hearing even though I’ve said it several times is that this administration considers housing a significant part of infrastructure in our country. And as such, the infrastructure bill that’s being worked on has a significant inclusion of housing in it,” Carson said at the National Low Income Housing Coalition conference in Washington…Read more.

Straight Talk for Seniors®: Federal Funding for Aging Services

It’s budget season in Washington, DC, and funding for senior programs is at stake for two time periods—the rest of fiscal year 2017 (FY17, ending Sept. 30) and all of fiscal year 2018 (FY18, starting Oct. 1)…Read more.

HUD Launches New Community Investment Tool

An online tool generates a snapshot of HUD’s investment at the community level, Community Assessment Reporting Tool (CART) is an innovative reference and mapping tool created to provide a snapshot of HUD investments… Read more.

HUD Issues Final Smoke-Free Public Housing Rule

HUD released  the final rule requiring public housing agencies (PHAs) to implement a smoke-free policy within 18 months The final rule has only one change from the proposed… Read more.

HUD Proposes Revisions to Multifamily Asset Handbook

HUD’s Office of Multifamily Housing Programs (Multifamily) released draft revisions of five chapters of Handbook 4350.1, Multifamily Asset Management and Project Servicing. Read more.

HUD Proposes Enhanced Voucher Rules

After decades of using PIH Notices to guide the provision of enhanced vouchers, HUD’s Office of Public and Indian Housing (PIH) is proposing changes to the Housing Choice Voucher regulations… Read more.

U.S. Department of Commerce “researching feasibility” of including co-ops in 2017 Economic Census

The U.S. Department of Commerce last week acknowledged receipt of a co-signed letter addressing a decades-long absence of federally-reported data on co-ops and said its Census Bureau is currently “researching the feasibly” of including questions on cooperatives in the 2017 Economic Census. Read more.

The USAGov Contact Center Connects You to Answers from Your Government

WASHINGTON, July 13, 2016 /PRNewswire-USNewswire/ — On November 13, 2015 at approximately 4:20 PM ET, a set of coordinated attacks shook Paris. At approximately 5:00 PM ET, the USAGov Contact Center, handling calls for the Department of State, received its first call about the attacks: An American woman was shot in Paris. Her worried mother had no way to reach her. Read more.

FEMA

Federal Emergency Management Agency (FEMA) Disaster Relief for Housing Cooperatives

HUD announced that $2.5 billion of Community Development Block Grant Funding (CDBG) was available through a Competitive Federal Grant from HUD to four states and New York City to address the remaining needs and promote resiliency for Sandy hurricane disaster relief. View here.

In response to a congressional request, FEMA released its report to Congress in June of 2014, confirming and stating more or less publicly that housing cooperatives are not covered by FEMA Disaster Relief. The wording in the conclusion to amend the Stafford Act is stated in a positive way.  Rep. Israel plans to meet with Department of Homeland Security Secretary Johnson.

 


HUD

Consumer Financial Protection Bureau (CFPB)

Part of it proposes to clarify that all mortgage transactions involving coops should receive the CFPB’s newly designed integrated mortgage disclosures (aka TRID) regardless of whether state law classifies coop shares as real or personal property. Read more.

AGING IN PLACE DESIGN GUIDELINES FOR INDEPENDENT LIVING IN MULTIFAMILY BUILDINGS

Enterprise Community Partners is committed to ensuring that older adults have the services and support they need to live independently with dignity in their homes and communities. Read more.

HUD Issues Final Rule to Ensure EQUAL ACCESS TO HOUSING AND SERVICES REGARDLESS OF GENDER IDENTITY

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today published a final rule to ensure that all individuals have equal access to many of the Department’s core shelter programs in accordance with their gender identity. Read more.

New Evaluation Finds RAD Attracting Private Capital to Preserve Public Housing

On September 20, HUD published a final rule to ensure that individuals, regardless of gender identity, have equal access to HUD’s housing programs. In order to address issue of discrimination against transgender individuals in homeless shelters, the rule will require homeless shelter operators to serve people in accordance with their gender identity. Read more.

Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices Under the Fair Housing Act

This final rule amends HUD’s fair housing regulations to formalize standards for use in investigations and adjudications involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability. Read more.

VAWA 

Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services. Read more.

HUD ANNOUNCES NEW PROTECTIONS FOR VICTIMS OF HARASSMENT AND SURVIVORS OF DOMESTIC VIOLENCE

WASHINGTON – The U.S. Department of Housing and Urban Development announced today that it is publishing a final rule formalizing legal standards under the Fair Housing Act for sexual and other forms of harassment in housing. Read more.

HUD OGC has issued a 10 page memo to provide guidance on criminal records and fair housing act standards in housing

Office of General Counsel Guidance on Application of Fair Housing Act Standards
to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions. Read more.

HUD Proposes Rule Requiring Broadband Technology in Multifamily Housing

In an effort to provide affordable internet access to children and families living in federally assisted housing, HUD has proposed a rule to require the installation of broadband infrastructure in most HUD-financed multifamily housing developments during their construction or substantial rehabilitation. The rule would apply to buildings financed by most of HUD’s major rental assistance programs, but not to housing that is financed by a mortgage insured by the Federal Housing Administration or a HUD loan guarantee program. HUD estimates that the costs would be minimal, and that the requirement would not result in a reduction in the number or size of apartments developed. This proposed rule follows a Presidential memorandum issued in March 2015, in which President Obama declared that access to high-speed broadband is no longer a luxury, but a necessity. HUD has implemented numerous initiatives since then to increase access to broadband, including the ConnectHome digital opportunity demonstration. Comments on the proposed rule are due on July 18. Read more.

HUD Releases Guide on Preserving Section 236 Properties

HUD’s Office of Recapitalization has published Preservation Options for Section 236 Properties, a guide outlining the options that owners have to preserve Section 236 properties as affordable housing. HUD encourages owners to take action this year because all Section 236 loans will mature in the next three years. Read more.

Government Relations Committee Alert!

Nearly five years ago the U.S. Department of Housing and Urban Renewal (HUD) stopped doing Management and Occupancy Reviews (MORs) in 42 states. In late 2015 HUD issued a letter to the Performance-Based Contract Administrators (PBCA’s) that MOR’s are to start again in the 42 states with the appropriate additional funding. They are scheduled to start March 1, 2016.

HUD indicated that they will start with “high-risk” building in their portfolio. HUD may look at the following factors:

  • An owner/agent (O/A) had a previous below average or unsatisfactory MOR rating
  • Active Partners Performance System (APPS) flag
  • Failing Real Estate Assessment Center (REAC) score
  • Poor financial ratings in the Financial Assessment Subsystem (FASS)
  • Recent Office of Inspector General (OIG) investigation or referrals

Just to name a few. NAHC recommends that you review all your files and records in order to pass an MOR . So if you are a HUD cooperative, now is your opportunity to perform quality control checks to reduce or eliminate the number of findings in a MOR inspection.

HUD Guidance on Using NHTF, HOME, and CDBG for Broadband Infrastructure

HUD updated its National Housing Trust Fund (NHTF) Frequently Asked Questions (FAQs) on December 30, 2015 to clarify that NHTF money may be used for installing broadband infrastructure. On the same day, HUD also issued a similar FAQ for the HOME program. On January 7, HUD issued CDBG broadband FAQs. Read more.

CDBG Broadband Infrastructure FAQs

This document contains Community Development Block Grant (CDBG) Entitlement Program and State CDBG Program Frequently Asked Questions (FAQs) regarding broadband infrastructure. Read more.

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!