HUD’s Office of Public and Indian Housing (PIH) posted Notice PIH 2024-19 providing initial guidance regarding various effective dates and compliance dates pertaining to certain provisions in the final rule implementing the “Housing Opportunities Through Modernization Act of 2016” (HOTMA) affecting the Housing Choice Voucher (HCV) and Project-Based Voucher (PBV) programs (see Memo, 5/13). The “HOTMA voucher final rule” became effective on June 6, 2024, except for two provisions for which the effective date is delayed indefinitely, and for 10 provisions with specified delayed compliance dates. The Notice also provides guidance regarding a public housing agency’s (PHA’s) obligation to update its voucher Administrative Plans.
One of the two HOTMA provisions delayed indefinitely allows a PHA to execute a PBV Housing Assistance Payment (HAP) contract for rehabilitated housing before rehabilitation is complete, subject to a contract rider. Until PIH publishes the contract rider text, PHAs cannot use this HOTMA provision.
Six HOTMA voucher final rule provision compliance dates are delayed until September 4, 2024, including:
- A requirement to update a PHA’s briefing procedures and materials for households selected for voucher assistance.
- A requirement to update a PHA’s policies and procedures for establishing its voucher payment standard. PIH intends to provide additional guidance before September 4.
- A requirement to perform an impact analysis before selecting a project for the PBV program if a PHA is project basing 50% or more of its authorized voucher units.
- A requirement to update procedures and timeframes when a PHA determines that a household is occupying a “wrong-sized” unit (e.g., under-occupied or overcrowded) or is occupying a unit with accessibility features that a household does not need when another household needs a unit with accessibility features.
Delayed until December 3, 2024, is a requirement for a PHA to implement HOTMA revisions to the procedure for a PHA to calculate the HAP for tenant-based HCVs based on changes in payment standards. PIH intends to publish payment standard guidance before this compliance date.
Four HOTMA voucher final rule provision compliance dates are delayed until June 6, 2025, one year after the HOTMA effective date, including:
- A requirement for a PHA to update its PBV waitlist procedures to comply with HOTMA provisions regarding a PHA’s obligation to address the impact on a household’s position on a PBV waitlist when a household rejects an offer of PBV assistance or an owner rejects a household.
- The need to address HOTMA provisions regarding unit occupancy requirements applicable to “excepted” PBV units and units under the increased PBV program cap (see Memo, 5/20), including permissible PHA actions if a unit no longer qualifies for excepted status or the increased program cap.
- PHAs must make all revisions needed to bring existing HCV Administrative Plan policies into compliance with the HOTMA voucher final rule.
Read Notice PIH 2024-19 at: https://tinyurl.com/5xr3f7vc
Information about the HCV program prior to publication of the final rule is on page 4-1 of NLIHC’s 2024 Advocates’ Guide.
Information about the PBV program prior to publication of the final rule is on page 4-11 of NLIHC’s 2024 Advocates’ Guide.