On January 14, HUD published a proposed rule that would replace a key Fair Housing Act enforcement tool to Affirmatively Further Fair Housing (AFFH) with a weaker version of the one developed in 2015 by the Obama Administration.
LeadingAge has learned that given the number of Section 202 communities with Project Rental Assistance Contracts (PRACs) that requested larger rent increases to prepare for recapitalization in fiscal year 2019 (FY19), HUD plans to develop new guidance for HUD staff to evaluate these requests and prioritize those properties with the greatest need. According to HUD, many Section 202 PRAC owners have been requesting increases even for younger PRACs, and even with a final fiscal year 2020 HUD appropriations bill in place HUD cannot fully fund every request.
In a November 22 Notice, HUD announced a 60-day comment period to receive ideas for the White House Council on Eliminating Regulatory Barriers to Affordable Housing.
The Housing Opportunity Through Modernization Act of 2016 (HOTMA) was enacted on July 29, 2016 and contained several long-advocated for provisions intended to streamline administrative processes and reduce burdens on public housing agencies (PHAs) and private owners. This proposed rule would revise HUD regulations to put sections 102, 103, and 104 of HOTMA into effect, though changes would not actually be implemented until the beginning of the calendar year after HUD has issued an
HUD’s Housing Finance Reform Plan largely focuses on reforming the work of the Federal Housing Administration (FHA). The plan calls for FHA to be a stand-alone government corporation within HUD. “To modernize FHA, Congress should re-charter it as an autonomous government corporation within HUD, which would provide the agency tools and resources necessary to make appropriate risk decisions to respond to changing markets,” the plan says.
To accommodate these properties, HUD will offer one final SfS registration opportunity before the SfS report is due on October 30, 2019. The final registration window will be from September 9 – September 27. Any property which needs to report to HUD, and does not register for SfS by September 27, will be out of compliance with HUD.