HUD Issues End of Administration Rules: HOTMA, AFFH, Lead-Based Paint and Broadband

Proposed Rule: HOTMA 2016 Implementation of Various Section 8 Voucher Provisions

On January 18, 2017, HUD published a proposed rule regarding the implementation of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). Several of the statutory amendments made by HOTMA affect the Project-Based Voucher (PBV) program or the Housing Choice Voucher (HCV) program. The notice seeks additional public input on both the implementing requirements and future changes to these programs.

HUD has implemented Section 101, which creates a new inspection standard for the HCV program; portions of Section 106, allowing PHAs to project-base an additional 10 percent of its units above the 20 percent program limit if those units are in a census tract with a poverty rate of 20 percent or less, and are designated for homeless, veterans, elderly, or those needing supportive services. The notice also provides guidance for various PBV unit exemptions, and the project-basing of special purpose vouchers.

Read the full notice, including requests for comment here.

Revised AFFH Public Housing Tool

On January 13, 2017 HUD released the final version of the Affirmatively Furthering Fair Housing (AFFH) Assessment Tool.

CLPHA has previously submitted comments on both the AFFH rule and the Public Housing Assessment Tool expressing concern that HUD’s AFFH policies may impose unfair burdens on PHAs and that HUD should include a safe harbor for PHAs to protect them from potential legal liability

Although the assessment tool is complete, HUD still has to provide PHAs the necessary data before housing authorities are obligated to conduct and submit an AFH (Assessment of Fair Housing). HUD will publish notices in the Federal Register announcing the availability of data for certain PHAs, after which they will be required to complete their AFH. 

Rule: Evaluation and Reduction of Lead-based Paint Hazards in Federally Owned Residential Property

HUD released a  final rule, effective February 13, 2017, which amends HUD's lead-based paint regulations to reduce blood lead levels in children under age six who reside in federally-owned or -assisted pre-1978 housing, formally adopting a revised definition of “elevated blood lead level” (EBLL) in children under the age of six in accordance with Centers for Disease Control and Prevention (CDC) guidance. It also establishes more comprehensive testing and evaluation procedures for the housing where such children reside.

Rule: Narrowing the Digital Divide through Installation of Broadband Infrastructure

HUD has published the final rule on Narrowing the Digital Divide through Installation of Broadband Infrastructure in HUD-funded new construction and substantial rehabilitation of multifamily rental housing. It becomes effective January 19, 2017. The rule requires installation of broadband infrastructure at the time of new construction or substantial rehabilitation of multifamily rental housing that is funded or supported by HUD.