Date of Notice . HUD is establishing an alternative requirement for which PHAs with 6/30/20 or 9/30/20 fiscal year-end (FYE) dates must submit their 5-Year and annual plansor civil rights certification for qualified PHAs no later than 10/18/20 (75 days before 1/1/21). HUD is waiving the requirement that PHAs terminate rental assistance or charge an alternative rent to families whose income exceeds the program maximum over two consecutive reexamination cycles through December 31, 2020. NOTICE TO CALFRESH RECIPIENTS IMPORTANT – PLEASE READ As of July 1, 2014, the State law has changed. HUD is waiving the requirement that PHAs submit Actual Development Cost Certificates (ADCC) and Actual Modernization Cost Certifications (AMCC) that fall between March 1, 2020 and September 30, 2020 by six months. Notice of Contract Rent/Utility Allowance Change - Section 8/236 MHFA 2003 ... increase in the Contract Rent effective _____ and a change in the utility allowance effective . HUD is waiving the requirement that PHA policies in the ACOP must be duly adopted and implemented with formal board approval. Present Utility Allowance Proposed Decrease Proposed Utility Allowance A copy of the materials that we are submitting to IHFA in support of our request will be available during normal business hours at [address] for a period of 30 days from the date of service of this notice for inspection and copying by tenants of [name of apartment complex] and, You cannot wait until the next lease renewal. HUD is waiving the requirements to use the income hierarchy described by PIH Notice 2018-18 and will allow PHAs to forgo third-party income verifications, including EIV. HUD will not issue PHAS scores that are pending or for fiscal years ending in 2020 unless a PHA requests a PHAS score. HUD is waiving the Total Development Cost (TDC) and Housing Construction Cost (HCC) limits to allow the amount of Public Housing funds committed to development of a project to exceed the applicable limits by 25 percent without a waiver from HUD. In case 5, the amount of the utility allowance actually exceeds our hypothetical utility bill -- a situation not likely to occur. If there’s a requirement under the Agreement to enter into a Housing Assistance Payment (AHAP) contract for newly constructed or rehabilitated projects, the PHA may choose to allow the owner to certify that the PHA requirement has been met. A PHA may add other requirements. The PHA is required to conduct an HQS inspection on the units as soon as reasonably possible, but no later than October 31, 2020. The Department is waiving the regulation requiring one bedroom for every two people where the PHA wishes to assist a current participant that needs to add a member or members to the assisted household as a result of the COVID-19 emergency. As an alternative requirement, the PHA, following a written notice to the owner and family, may extend the period of time following the last payment to the owner that triggers the automatic termination. ABOUT NAVIGATE Navigate Affordable Housing Partners is a nonprofit that actively works to enhance all aspects of the housing industry to ensure that people have access to quality, livable housing choices. Notice to Tenants of Proposed Rent Increase. The waiver may be applied to PHA-owned units if the independent entity is unable to complete inspections. The utility allowance includes the tenant’s imputed costs of essential utilities, such as water, sewer, trash service, and natural gas and electricity costs associated with normal household usage, heating, air conditioning and cooking. A PHA may allow the occupancy of a unit prior to an initial inspection if the unit has passed an alternative inspection in the past 24 months. HUD has set up a mailbox at PIH-covidwaivers@hud.gov to hear feedback about additional waivers PHAs may need. SAMPLE NOTICE TO TENANTS OF INTENTION TO SUBMIT A REQUEST TO HUD FOR APPROVAL OF A DECREASE IN THE TENANT UTILITY ALLOWANCE . Take notice that on . This benefit is ONLY given once in a certification period. Income and family composition examinations and recertifications do not have to conducted in-person. The Department is waiving the requirement that a voucher family may not be absent from a unit for a period of more than 180 consecutive calendar days. This waiver states that if an HQS reported deficiency is life-threatening, the PHA must notify the owner of the reported life-threatening deficiency and the owner must correct it within 24 hours of the PHA notification or provide documentation that the deficiency does not exist. Notice to Tenants of Intention to Submit a Request to the Arizona Department of Housing (ADOH)/US Department of Housing and Urban Development (HUD) for Approval of an Increase in Maximum Permissible Rents . Download this document for free using the button below. The Department is waiving the requirement that FUP youth must be not more than 24 years of age (not yet reached their 25th birthday) and is replacing it with the requirement that FUP youth be not more than 25 years of age (not yet reached their 26th birthday). The PHA must ensure that the method of communication for the briefing effectively communicates with each family member, including those with vision, hearing, and other communication-related disabilities and those with persons with limited English proficiency. The Department is waiving the requirement that if a payment standard is increased during the term of a HAP contract, the increased payment standard shall not be effective until the family’s first regular reexamination. The households that will get this benefit are those that: PHAs can adopt all, some, or none of the waivers at the discretion of the PHA. Other Requirements of the Notice Utility Allowance Changes Outsideof the Contract Rent Adjustment Schedule: ... • Verification of increase from Utility provider. The PHA may add other requirements. (a) Inclusion of utility allowances in gross rent. HUD is waiving the inspection requirement of PHAS and postponing physical inspections (except for threat to life or property inspection) for all PHAs until further notice. For non-life-threatening deficiencies, the PHA must notify the owner within 30 days and the owner must either make the repair or document that the deficiency does not exist within 30 days of the PHA notification. Owner's Certification as to Compliance with Tenant Comment Procedures - sample form. The HAP contract must be executed no later than 120 days from the beginning of the lease term. If a PHA utility allowance were to change after the one-time date suggested by the commenter, then tenants would pay a higher rent until the next annual date to review the PHA utility allowance and the higher rent might exceed the gross-rent limit under section 42(g)(2). The waiver will be in effect for the duration of the current lease term or one year from the date of this notice, whichever period of time is longer. Utility Allowance Analysis Housing Notice H-2015-04 FAQ 15-Day Notice to Tenants of Proposed Rent Increase Repost Download this document for free using the button below. Some of the waivers have alternative requirements. Date of Notice . The CARES Act provides the HUD Secretary with broad statutory and regulatory waiver authority to assist in addressing the Coronavirus/COIVD-19 national emergency. The utility allowance is deducted from the total shelter cost calculated for the tenant, and the difference is paid by the tenant as rent. NOTE: Increase of 10% in one utility may NOT result in a cumulative increase of 10% in the UA. electric rates go up 15% so if the U/A for the property comprises both electricity costs and gas costs, you would apply the 15% to the electricity component of the U/A. The period of availability to execute the HAP contract after the 60-day term ends on July 31, 2020. Notice to Tenants Utility Allowance Decrease Only. If they increase you must review the gross rents of all units and potentially decrease tenant rents if tenant rent plus utility allowance equal a figure greater than you maximum allowable gross rent. 24. In order for a Section 8 property to request a rent increase, a rent comparability study must be performed by a nonidentity of interest, state certified general appraiser if the The standard utility allowances (SUAs) are updated annually to coincide with the COLA. PHAs must still notify public housing residents and HCV families of any impacts that the significant amendment may have on them as soon as practicable. The Department is waiving the requirement that PHAs inspect the unit not less than biennially (certain small, rural PHAs may inspect units triennially). The 44 waivers and alternative requirements in Notice PIH 2020-05 are the first steps HUD is providing to the Public Housing and Housing Choice Voucher programs in response to the COVID-19 national emergency. However, PHAs must maintain written documentation of the adopted waivers as HUD may require a PHA to provide HUD information on which waivers were implemented and the dates the PHA used each waiver. Other Requirements of the Notice Utility Allowance Changes Outsideof the Contract Rent Adjustment Schedule: ... • Verification of increase from Utility provider. Currently, if HUD does not respond within 60 days, the plan is considered accepted. The notice is broken into a number of sections and this Direct News will follow the same layout by discussing the underlining waiver authority by program, the applicability of the waivers, and the duration the waivers will be available. A PHA may begin payments based on the alternative inspection and the owner’s certification that the owner has no reasonable basis to have knowledge that life-threatening conditions exist in the unit. This change DOES affect the amount of rent you are currently paying. HUD provides a non-inclusive list of critical PHA functions which includes issuing vouchers so families can find housing, processing Requests for Tenancy Approvals (RFTAs) so families can be approved to move into a unit, processing requests for portability moves, ensuring occupancy of Public Housing units, processing minimum rent hardship exemptions, and completing reexaminations for participants who have experienced a decrease in income. HUD is extending both the Capital Fund obligation end date and the Capital Fund expenditure date for all open Capital Fund grants by one year from the current obligation and expenditure end date. SAMPLE NOTICE TO TENANTS OF INTENTION TO SUBMIT A REQUEST TO HUD FOR APPROVAL OF A DECREASE IN THE TENANT UTILITY ALLOWANCE . This waiver may apply to PHA-owned units where the independent entity is unable to perform the inspection. This is in recognition that the COVID-19 emergency may cause the temporary addition of household members which causes the calculation of HAP to reach $0. The PHA may not make payments after this date if the family is absent and the HAP contract will terminate. Toll Free: 877-866-2476  |  Phone:  202-289-3500  |  Fax: 202-289-8181, Association website design and development by, COVID-19 Resources for Housing Authorities, Journal of Housing & Community Development. Through December 31, 2020, PHAs will have 90 days to submit their form HUD-50058 after the effective date of action to HUD. The HUD Secretary has continued authority to waive and/or establish alternative requirements for statutory and regulatory requirements beyond those issued in this notice. The Department is waiving the requirement to review the schedule of utility allowances and revise the allowance if there has been a change of 10 percent or more in the utility rate since the last time the utility allowance schedule was revised. UA guidance outlined in HUD Notice 2015-04 instructs owner/agents to establish a baseline for each bedroom size once every three years.For two years after the baseline submission, utility allowances for each bedroom size and each utility type at the property will be adjusted by a state-specific increase factor called a Utility Adjustment Factor (UAF). A PHA may rely on the owner’s certification that the owner that has no reasonable basis to have knowledge that life-threatening conditions exist in the unit. A PHA may accept a self-certification until July 31, 2020. Any review must be completed by no later than December 31, 2020. HUD is waiving the requirement that PHAs must use the income hierarchy described by PIH Notice 2018-18. This notice only addresses program waivers and does not discuss the allocation or release of the supplemental funding that was appropriated as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act (Public law 116-136). The waiver and alternative requirement may also be applied to PHA-owned units if the independent entity is unable to perform the inspection. This option is available for both tenant-based, project-based units, and PHA-owned units. NAHRO will continue to advocate for additional waivers that are needed during this extraordinary time. HUD will consider the circumstances surrounding COVID-19 to qualify as “good cause” to extend a family’s contract of participation in the FSS program through July 31, 2020. A PHA may revise an administrative plan without board approval though any revisions must be formerly adopted as practicable following June 30, 2020, but no later than July 31, 2020. HUD will allow PHAs to delay annual reexaminations of HCV and public housing families. The PHA may add other conditions. This waiver would allow PHAs to waive the requirement to conduct their own inspections for these units which have undergone alternative inspections. The Department is waiving briefing and counseling sessions to permit families to purchase a home without fulfilling the normally applicable pre-assistance homeownership counseling requirements, though HUD encourages families to continue the sessions that can be accomplished in accordance with social distancing directives. UTILITY ALLOWANCES. On April 10, 2020, the U.S. Department of Housing and Urban Development (HUD) released a series of waivers and program updates, 44 in total, for the Public Housing and Housing Choice Voucher (HCV) programs. A PHA has the option to approve an assisted tenancy for units that fail HQS with non-life-threatening conditions, as long as PHAs withhold housing assistance payments from the owner if the non-life-threatening failing conditions are not corrected within 30 days. UTILITY ALLOWANCE INCREASES RENT INCREASES When requesting a rent increase, please refer to HUD Notice H-02-10. Download FREE! HUD is waiving the requirement to provide 30-day notices to impacted families for changes to policies, rules, and special charges to families, except for notices related to tenant charges, through July 31, 2020. ... along with a copy of the notice of rental increase to your tenant. Alternative requirements will be discussed below in the specific waivers below. HUD acknowledges communication challenges during this national emergency and reminds PHAs of their ability to place notice information on the PHA’s website, provide notice information via voice-mail message, and provide follow up with formal written notice as circumstances allow. If the tenant is entitled to a utility reimbursement, management companies may issue a joint check payable to the tenant and utility company, if they choose to do so. Through this waiver PHAs would be allowed to permit over-income families to remain in their units and pay the same rental amount until that PHA conducts the family’s next annual income recertification. Since the maximum LIHTC charge is tenant rent plus the utility allowance, if the allowance increases the rent The notice also includes 16 waivers related to Native American housing programs, specifically the Native American Housing Assistance and Self-Determination Action of 1996 (NAHASDA) Indian Housing Block Grant (IHBG) and the Indian Community Development Block Grant programs. The Department is waiving the requirement that the PHA must give an oral briefing to families in the HCV and PBV programs. All delayed biennial inspections must be completed as soon as reasonably possible, but no later than October 31, 2020. UTILITY ALLOWANCE SCHEDULES. June 30, 2019 fiscal year end PHAs now must submit their audited financials by September 30, 2020; September 30, 2019 fiscal year end PHAs now must submit their audited financials by December 31, 2020; December 31, 2019 fiscal year end PHAs now must submit their audited financials by March 31, 2021; and March 31, 2020 fiscal year end PHAs now must submit their audited financials by June 30, 2021. The most common reason given (and reasons must be given) is the fact that they 1Housing Notice 2015-04requires annual adjustments of property utility allowances based on a utility analysis, requires notice to tenants for any utility allowance decrease and a phase-in of certain decreases, and provides instruction for properties undergoing new construction or substantial rehabilitation to establish initial utility allowances based on an energy consumption model to be … Housing Agencies that delay inspections under any of these waivers must inspect the units as soon as reasonably possible, when it is safe to do so. and Utility Allowance Change . The Department is waiving the requirement that a PHA’s administrative plan must be formally adopted by a PHA’s board. PHAs must also notify the program residents and owners of any waiver and alternative requirements that it is adopting and the impact the that waiver and alternative requirement will have on the resident and owner. Guidance documents are intended only to provide clarity to the public regarding existing … The Department is waiving the requirement for an initial HQS inspection before commencing monthly homeownership assistance payments. Only when a utility rate change results in a cumulative utility allowance increase of 10 percent or more must the owner request the increase. The PHA must instead conduct the briefing by other means such as webcast, video call, ex expanded information packet. The purpose of the statutory and regulatory waivers is for HUD to assist PHAs and Tribal housing providers in continuing to operate and provide critical housing services to their local communities. NAHRO asks that PHAs communicate any additional waivers necessary for critical operations during the national emergency to NAHRO’s Director of Policy and Program Development, Georgi Banna at gbanna@nahro.org. This may occur over the telephone (but must be documented for the written record by PHA staff), through an email or postal mail with a self-certification form by the tenant, or through other electronic communication. The waiver is available until July 31, 2020. The PHA may add other requirements. New SEMAP scores will issued by HUD beginning with PHAs that have a fiscal year end date of March 31, 2021. The Department is waiving the HQS inspection requirement when substituting or adding a new unit to a PBV HAP contract. All waivers and alternative requirements provided in Notice PIH 2020-05 are effective as of April 10, 2020 and may be immediately adopted and implemented by the PHA. HUD is waiving the statutory requirement that HUD must respond to Designated Housing Plans that demonstrate project compliance with requirements to establish occupancy by elderly and/or disabled families no later than 60 days after receiving the plan. Unaudited Financials: Submission of unaudited financials have been extended for six (6) months for PHAs with fiscal year ends of December 31, 2019 and March 31, 2020. Compliance Monitoring Requirements (IRS Final Regulation TD 8430) Assignment of Building Identification Number (IRS Notice … PHAs may delay the review and update of utility allowances. No programmatic expenditure end date shall be extended beyond one month prior to the closure of the relevant appropriation account. This waiver may be used until July 31, 2020 and units with delayed inspections must be inspected by October 31, 2020. Compliance with the 90-day period does not require continuous monitoring. Distribution of Owner's Notice to Increase Rents - sample cover letter to describe how the notice to tenants was distributed. Delayed elections must be rescheduled and held as soon as reasonably possible after July 31, 2020. Present Utility Allowance Proposed Decrease Proposed Utility Allowance A copy of the materials that we are submitting to IHFA in support of our request will be available during normal business hours at [address] for a period of 30 days from the date of service of this notice for inspection and copying by tenants of [name of apartment complex] and, PHAs may adopt or revert to the standard program rules at any time during the period of availability (discussed in the next section below). The waiver may also be applied to PHA-owned units. This waiver does not apply to an initial or new lease. In order for a Section 8 property to request a rent increase, a rent comparability study must be performed by a nonidentity of interest, state certified general appraiser if the HUD, through PIH notice, may also extend the period of availability if deemed necessary. PHAs may consider self-certification as the highest form of income verification to process annual reexaminations. A PHA may use this waiver until July 31, 2020 and has until October 31, 2020 to inspect a unit that utilizes this waiver. Tenants of the above named development, or if the tenant's wish, legal or other representatives acting for an Instead, the increased payment standard may be effective at any time (e.g., interim reexamination, owner rent increase) after the effective date as long as it is not later than then family’s first regular reexamination. NOTICE TO TENANTS (MEMBERS) OF PROPOSED RENT (OCCUPANCY CHARGE) AND UTILITY ALLOWANCE CHANGE . On April 10, 2020, the U.S. Department of Housing and Urban Development (HUD) released a series of waivers and program updates, 44 in total, for the Public Housing and Housing Choice Voucher (HCV) programs. This can be done by placing information on the PHA’s website, leaving voice-mail messages for residents and additional follow-up communication. If the cost of any utility (other than telephone, cable television, or Internet) for a residential rental unit is paid directly by the tenant(s), and not by or through the owner of the building, the gross rent for that unit includes the applicable utility allowance determined under this section. The dataset is updated once per year and is published with an effective date. Some households may be able to get a State Utility Assistance Subsidy (SUAS) benefit. Answer: Yes, you would apply the utility rate increase to that component of the U/A allowance, e.g. Date of Notice: _____ Take notice that on (date) ... Utility Allowance *Proposed Utility Allowance . HUD is also waiving the requirement that PHAs cannot adopt significant amendments or modifications to the annual plan without receiving Board approval and providing an open meeting for the public. The initial inspection option is available to the PHA for both tenant-based and project-based units. The waiver may also apply to PHA-owned units. These messages must meet applicable fair housing requirements. Only with a cumulative increase … This waiver is ends on December 31, 2020. The Department is waiving the requirement the voucher term extensions must be in accordance with the PHA administrative plan. The Department is waiving the requirement that the HAP contract may not be executed 60 days after the lease term begins. The PHA must conduct an HQS inspection no later than October 31, 2020 but must do so as soon as reasonably possible. Although HUD is waiving the advanced notice, PHAs must still provide adequate notification to families within 30 days of making such changes. UTILITY ALLOWANCE This applies only to LIHTC units: “If, during the term of this lease, the utility allowance is reviewed and changed, the net rent to the tenant may be changed accordingly with a 30 day notice. If the Agency approves a rent or utility allowance increase request on which the comments were solicited, the borrower will deliver a notice announcing the rent or utility allowance change to the tenants to be effective 30 calendar days from the date of the notification. A. Homeless Shelter Deduction - The Homeless Shelter/Utility Deduction will increase to $157. This waiver will be made available through July 31, 2020. HUD is waiving and suspending the requirement to complete energy audits for PHA projects if the audit is due to HUD before December 31, 2020. Setting Utility Allowances A PHA may rely on the owner’s certification that the owner has no reasonable basis to have knowledge that life-threatening conditions exist in the unit instead of conducting an initial inspection. New PHAS scores will issued by HUD beginning with PHAs that have a fiscal year end date of March 31, 2021. 630 Eye Street, NW, Washington, DC 20001 ... You must mail or fax a copy of the rent increase notice form (Rent change form) at least 60 days prior to the proposed effective date of the increase. UTILITY ALLOWANCES. PHAs with 12/31/20 FYE dates must submit their 5-Year and annual plans not later than 1/16/21 (75 days before 4/1/21). Housing agencies retain the right to conduct an inspection and the use of the waivers does not relieve owners of their responsibility to maintain the unit in accordance with HQS. [date] we plan to submit a request for approval of a decrease in the tenant utility allowance for [name of apartment complex] to the United States Department of Housing and Urban Development (HUD) via the Contract … NAHRO also requests that you send any feedback and additional waivers to NAHRO’s Director of Policy and Program Development, Georgi Banna at gbanna@nahro.org as NAHRO continues to advocate on the behalf of PHAs with HUD and Congress. A family's utility allowance is the amount designated by the public housing agency as a family's reasonable allowance to cover its monthly utility bills. To download a PDF copy of NAHRO’s analysis of Notice PIH 2020-05, click here. A PHA may now provide 60 days to correct non-life-threatening failing conditions. This waiver is available through July 31, 2020. Policy changes related to Section 18, Section 22, or the Rental Assistance Demonstration (RAD) are not included within this waiver. The Department is waiving the regulation that requires a PBV unit inspection before the unit is leased to a new family. Utility Allowances. A PHA may add other requirements or conditions to the owner’s certification. PHAs may provide public notice of an open waitlist in a voicemail message on its main or general information telephone number and through its website. (f) Denial of change request. A PHA may accept a self-certification until July 31, 2020 and must complete all delayed inspections by October 31, 2020. Regulations also require owners to request a utility allowance adjustment when an analysis indicates that utility rate changes would result in a 10% increase in the utility allowance. Interim reexaminations are not required to be held in-person. This waiver is applied to public housing development, Mixed-Finance development, and Choice Neighborhoods development. The CARES Act also provides the HUD Secretary authority to implement waivers and alternative requirements necessary for the safe and effective administration of the Public Housing and HCV programs, consistent with the CARES Act and to prevent, prepare for, and respond to COVID-19.