HUD’s Office of Public and Indian Housing (PIH) sent an email to public housing agency (PHA) directors on September 18, informing them that they will not be required to comply with the household income and asset limits for public housing and Housing Choice Voucher (HCV) residents. A final rule implementing Sections 102 (regarding income limits) and 104 (regarding asset limits) of the “Housing Opportunity Through Modernization Act of 2016” (HOTMA) required PHAs to comply with those provisions by January 1, 2025 (see Memo, 2/27/23). The email included a link to updated Frequently Asked Questions (FAQs) for implementing HOTMA. PIH is postponing the compliance date because an outside contractor has not finished creating the new Housing Information Portal (HIP) necessary for PHAs to comply with HOTMA.
Even though PIH does not have a HOTMA Sections 102 and 104 compliance date, the updated FAQ states that PHAs may update their Housing Choice Voucher Administrative Plan or public housing Admissions and Continued Occupancy Plan (ACOP) documents by creating an appendix to their Administrative Plan or ACOP containing HOTMA policies that will be incorporated later. Such an appendix should state that residents will be informed when a compliance date is announced and that the PHA cannot conduct income and asset reexaminations using the new HOTMA limits until after the stated compliance date.
Read the PIH email at: https://tinyurl.com/3xhz9jvj
Read the updated “PIH HOTMA Implementation FAQs for PHAs” at: https://tinyurl.com/mr2p95c3
More information about public housing and HOTMA is on page 4-36 of NLIHC’s 2024 Advocates’ Guide.
More information about HCVs and HOTMA is on page 4-1 of NLIHC’s 2024 Advocates’ Guide.