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Serving the builders, owners, managers, and preservers of affordable workforce, senior and disabled housing in Northern California and Nevada
 

AHMA-NCNH TOUCHSTONE / Newsletters 

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AGENCY NEWS

February 2003 Newsletter

Copyright 2003 Ansel Publications. All rights reserved.

Faith-Based Organizations Get Help With Proposed Rule
HUD presented a proposed rule to further President George W. Bush's regulatory changes that would expand the scope of faith-based organizations to participate in federal programs.  HUD programs such as the Community Development Block Grant program; the HOME Investment Partnerships program; Hope for Homeownership of Single-Family Homes; Housing Opportunities for Persons with AIDS; the Emergency Shelter Grant program; Shelter Plus Care; Supportive Housing; and Youth build would be affected by the rule. Proposed regulations include:

  • A Eligibility for faith-based organizations to participate in these programs;
  • A Federal funding cannot be used to support inherently religious activities and must engage in any inherently religious activities in a way that is separated by location or time from activities supported by federal funds;
  • A Faith-based organization receiving federal funds retain independence from government in expressing religious beliefs, including religious art on the walls of its facilities, religious language and precepts in its governing documents, and autonomy in choosing its board;
  • A Organizations cannot discriminate on the basis of religion in providing federally-funded benefits;

A Federal funding can support only the pro rata share of the development cost of a structure that is not used for inherently religious activities.  The proposed rule would also remove the requirement that faith-based organizations funded by HUD conduct its activities free from religious influence because organizations that are not faith-based do not have a similar requirement.

Managing Contractors Challenges HUD
Downsizing of HUD employees that led to increased outsourcing of department operation is ineffective because a lack of correct procedures, insufficient training for employees who manage and monitor contractors, and inadequate information systems, according to a recent report from the General Accounting Office.  The GAO conducted the report after a request from Senators Paul Sarbanes (D-MD), Jack Reed (D-RI), and Wayne Allard (R-CO). According to the report, HUD's management of contractors parallels broader management challenges the department is experiencing with it's personnel and information systems and resolving the problems could take years.

The study noted that HUD began using contractors after the downsizing of 4,500 employees during the 1990s and HUD officials estimate that contract work increased by 62 percent between 1997 and 2002. In the report, the GAO makes recommendations for HUD to improve monitoring of a contract workforce.  One aspect of HUD management that could be improved, according to the report, involved contract monitoring problems in the multifamily housing program. Information systems utilized by HUD are not reliable, inaccurate and provide incomplete information on contracting activities.

PHAs Experience Funding Problems
The continuing resolutions to keep the government running have caused inadequate funding in operating costs for some public housing agencies.  HUD has not been able to pay some PHAs the necessary funds that allow them to pay operating costs. PHAs with fiscal years starting on October 1 have been the most affected and they have had difficulty paying for property management, maintenance, security and other necessities.

HUD has announced plans to fully fund operating costs for PHAs with fiscal years beginning October 1 and January 1, but the department could be without sufficient operating funds for other agencies by March 2003. Although funds were not provided in the latest continuing resolution that runs through January 11, 2003, HUD officials said they would request an additional $250 million to pay for operating costs needed by the PHAs, but the funds could come from 2003 appropriations, creating a shortfall in operating funds.

 

HUD NOTICES

Copyright 2003 Ansel Publications. All rights reserved.

HUD Notice 02-21 (Oct. 2, 2002)
Extension of 01-10, Cost Not Attributable to Dwelling Use

The notice announces the extension of HUD Notice 2001-10, Cost Not Attributable to Dwelling Use and Site Not Attributable to Dwelling Use in Underwriting FHA Multifamily Mortgages, extended until October 31, 2002.

Federal Register FR-4759-I-01 (Oct. 28, 2002)
Housing Choice Voucher Homeownership Program

The notice announces that units owned or substantially controlled by a public housing agency are eligible for purchase under the Housing Choice Voucher Program homeownership option.

HUD Notice 02-21 (Oct. 31, 2002)
Screening & Eviction for Criminal Activity

The notice announces the final rule for procedures for screening and eviction of tenants based on drug abuse or criminal activity.

PIH Notice 02-22 (Nov. 1, 2002)
Calculating Rent for Housing Choice/LIHTC Properties

The notice announces instructions for public housing agencies on calculating rent for units under tenant-based and project-based housing choice voucher programs when a property is allocated as low-income housing tax credit.

Federal Register FR-4759-C-02 (Nov. 6, 2002)
Correction to Voucher Homeownership Program
The notice announces a correction to the interim rule, Housing Choice Voucher Program homeownership option, pertaining to the eligibility of units owned or substantially controlled by a public housing agency for purchase.

Federal Register FR-4799-N-01 (Dec. 12, 2002)
Mandated Designations for LIHTC Properties

The notice announces Difficult Development Areas and Qualified Census Tracts for Low-Income Housing Tax Credit properties under Section 42 of the IRS Code of 1986.

HOUSING ISSUES IN COURT

Documentation Makes A Difference In Evictions
Two recent court cases provided different verdicts for property owners attempting to deal with tenants who disturbed other tenants.  In a Texas case, a tenant was evicted for causing disturbances on the property, some involving the police, and not paying rent. The court did not allow the eviction, stating that the owner had not provided enough evidence to prove good cause for eviction. (Glen Oaks Apartments v. Wallace)

In another case in Ohio, an owner issued an eviction notice to a tenant for disturbing other residents. The court found for the owner and refused an appeal on the grounds that the eviction notice provided sufficient details of the violations incurred by the resident. (Forest City Management v. Tackett)

LEGISLATIVE NEWS

Copyright 2003 Ansel Publications. All rights reserved.

Multifamily Programs Take a Back Seat
Housing advocates are uniting in their opposition to limited funding in HUD's 2003 appropriation bill and HUD's new strategic plan that seems to shift focus from multifamily to single family housing.  Several housing organizations have exhorted their members to contact their representatives concerning the HUD appropriations bill, especially pertaining to provisions in the House version that may be incorporated into the final bill when the 108th Congress gets to the bill in February.  In e-mails, faxes and letters sent to members, housing organizations such as the National Low Income Housing Coalition have warned that the House bill would renew 127,000 fewer vouchers than the president's budget request, which equals a $938 million decrease in funding, and reduces proposed new vouchers by 27,000.  The bill also threatens the Section 8 voucher program by changing the way that determines the amount of funds public housing agencies receive for voucher costs.  Currently, PHAs are using more vouchers now than previously years. Recent statistics show that the percentage of housing vouchers used in the previous year increased eight percent to 97 percent. However, with the current affordable housing shortage that prevents families from using vouchers and unused vouchers would not be counted according to the formula, fewer voucher renewals will be funded each year. PHAs are also currently discouraging the use of vouchers since their use cuts into their costs and their funding continues to be cut.

The Millennial Housing Commission, a bipartisan group chartered by Congress, recently released a report that concluded that the voucher program is flexible, cost-effective, and successful in its mission, and should be a  linchpin of national housing policy. Increased tenant costs are also expected in the form of reduced rental assistance as public housing agencies attempt to cover their costs created by an inadequate central reserve fund that helps PHAs cover budget shortfalls.

Housing organizations are also taking the chance to comment on HUDs recently-released strategic plan. The National Affordable Housing Management Association sent a letter to HUD that stated the association supports HUDs goals and objectives, but questioned the timing, implementation, funding and impact of elements of the plan. We had hoped the Department would take an innovative leadership position in developing programs that address those households with worst-case housing needs, according to the letter, and NAHMA strongly believes that the Strategic Plan should recognize and address affordable housing for households who are not equipped to deal with homeownership.

HUDs disproportionate focus on single family homeownership is the first concern cited by NAHMA.  Although 4.7 million families qualify for rental assistance but cannot find housing because of a critical shortage of units or inadequate assistance, HUD plans to provide funding for 12,000 families to become homeowners through the use of Section 8 rental assistance. The letter states that NAHMA is disappointed that the Department does not address any new program for production of new affordable rental housing. Worst case housing needs, such as households with very low or extremely low incomes, are ignored by HUD.  While the need for elderly and disabled housing increases, funding for these programs has remained at the same levels, and funding for service coordinators has not met the demand, according to the letter.

The new physical inspection program, called the Rental Housing Integrity Improvement Program, does not provide adequate occupancy regulations that will work, according to NAHMA. When the current REAC system was implemented, its policies were developed without industry input, creating a system that did not work.  We are concerned that recent events are repeating this pattern, as the letter states. New procedures for properties with inspection scores under 60 and procedures for assessing the financial condition of properties are mentioned as being problematic.

The National Low-Income Housing Coalition also recently asked its members to respond to HUDs lackluster dealing with affordable housing in the strategic plan and over-emphasis on homeownership. The organization specifically cites a passage that states A Success in helping the homeless achieve housing stability is affected by a variety of factors beyond HUDs control.  The incidence of homelessness is driven by macroeconomic forces such as  the availability of low cost housing.  Although housing production programs are not a factor HUD can control, homeownership seems to be, according to an article from the NLHIC.

While language in the plan promises to only promote (emphasis ours) decent affordable housing and sets forth no goals or specific plan, HUD promises to increase (emphasis ours) homeownership opportunities and mentions specific numbers: 5.5 million more minority homeowners by 2010. According to the plan, this increase reflects a Presidential commitment to significantly increase minority homeownership." Affordable rental housing is a topic best handled by the local and state governments, as shown in the HUD comment  Success in meeting the nations affordable housing needs depends on devolving decision-making."

Lame Ducks Leave Appropriations Bills On Hold At Adjournment
Before adjourning from the lame duck session, Congress passed its fourth continuing resolution to keep the government running, but still had not passed eleven of the thirteen appropriations bills.
  The resolution will last until four days into the next Congressional session, when both houses will again pass a resolution and continue working diligently to pass the remaining funding bills, including the HUD appropriations bill. In the press to pass long-overdue bills, the HUD bill may end up bundled into an omnibus appropriations bill. Housing officials have expressed concerns that the omnibus bill may not do justice to housing programs, especially concerning renewal of Section 8 vouchers.

According to the renewal formula in the House version, the funding would not cover the vouchers currently in place and would cause a funding problem for public housing agencies. The House bill would also rescind $100 million in interest reduction payment funds used to rehabilitate affordable multifamily housing. Last year's supplemental appropriations legislation already rescinded $300 million in IRP funds. Housing industry leaders have been contacting members of Congress to voice concern over the House bill.  Rep. C.W. Bill Young (R-FL), chairman of the House Appropriations Committee, and Sen. Ted Stevens (R-AK), current ranking member and future chairman of the Senate Appropriations Committee, are expected to have a meeting with President George W. Bush before Congress convenes to discuss passing the remaining appropriations bills.

Housing To Be Focus of Financial Committee
The change in leadership of the House Financial Services Committee is not expected to drastically alter the policy issues, according to the new ranking member Rep. Barney Frank (D-MA).
  Frank, who replaces the retiring John LaFalce (D-NY), said he will keep housing as a focus of his agenda with one of his main priorities being a housing production program to deal with the shortage of affordable housing. Citing affordable housing properties that are nearly forty years old, Frank said a housing production program should take priority over the president's homeownership program, which has been well-funded in the HUD appropriations bill.  Democrats are expected to push for housing production when they debate the bill in January.  The make-up of subcommittees is expected to be announced soon.

TRACS NEWS

Copyright 2003 Ansel Publications. All rights reserved.  

Changes In Line With New Handbook
TRACS officials have replaced two fatal errors for Security Deposit Logic with discrepancies to reflect changes in the new HUD Handbook to be released soon.
  The discrepancies, CE252, which replaces F0221, and CE253, replacing F0222, will not reject a MAT transaction. Discrepancy CE253 concerns security deposits minimums as applied to rent supplement units and RAP units, so a security deposit may not be less than $50 for these units. Discrepancy CE252 concerns the maximum limits for security deposits under the Section 8, 515 and 236 programs. Information on security deposits is available on the TRACS web page under TRACS Documents.

Announcement of New Fatal Edits Put Off
A series of new fatal messages scheduled to be released by TRACS officials in December has been postponed. No new date of release has been announced.

Change In Immigrant Verification
Owners and managers will soon be required verify the immigration status of non-citizens in a new manner.
  The Immigration and Naturalization Service announced the change from a telephone to automated system under the Systematic Alien Verification for Entitlements. The document AHUD/INS Verification of Non-Citizens Transitioning Progress@ is available on the TRACS Documents page www.hud.gov/offices/hsg/mfh/trx/trxsum.cfm

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