On May 26, HUD posted a preliminary plan for reviewing regulations that might be out of date or unnecessary, as required by Executive Order 13563 (see Memo, 1/21).
The appendix to the preliminary plan lists a number of rule changes HUD initiated in response to the Executive Order or that were already under reconsideration. Some of the regulatory actions in the pipeline include:
A. Office of Community Planning and Development
1. Implement the HEARTH Act, which consolidated the three McKinney-Vento homeless assistance programs, and which codified in law the Continuum of Care planning process.
2. Amend the HOME rule to introduce performance standards and require more timely housing production, and to update property standards to include green building techniques and energy standards.
B. Office of Public and Indian Housing
1. Streamline the voucher portability process, which allows voucher users to lease a home any place in the nation that has a public housing agency (PHA) operating the voucher program.
2. Amend the voucher program’s SEMAP (Section Eight Management Assessment Program) to synchronize the timing of PHAs’ assessment of their voucher lease-up rate with the process HUD uses to measure and verify voucher leasing and cost data. Also, clarify that units assisted under the voucher homeownership option or units under a project-based housing assistance contract (HAP contract) are included in the assessment of units leased.
3. Allow PHAs to form a new category of cross-jurisdictional consortia for administering the voucher program. However, voucher programs administered by HUD’s Office of Multifamily Housing would no longer be eligible for consortia administration.
4. Streamline the public housing mixed-finance application process by allowing PHAs to submit to HUD only some closing documents, certifying that all required closing documents are on file.
C. Office of Housing
1. Amend mixed-finance Section 202 elderly and Section 811 disabled programs’ rules by:
a. Removing restrictions on the portions of developments not funded through capital advances.
b. Creating new exemptions to the conflict of interest provisions.
c. Providing flexibility regarding allowable amenities.
d. Streamlining requirements for release of capital advance funds upon project completion.
2. Allow nonprofits to receive distributions of project funds at developments assisted by the Section 8 New Construction and Substantial Programs.
3. Implement a multifamily final rule that reflects current HUD policy and revises closing documents so that they are consistent with modern real estate and lending laws.
A short discussion is on a HUD blog at http://blog.hud.gov/2011/05/26/regulatory-relief-americans, and the preliminary plan and appendix listing regulatory revisions in the pipeline are here: http://www.nlihc.org/doc/HUD-Preliminary-Reg-Reform-Plan.pdf