HUD Publishes Proposed Rules to Implement Several HOTMA Provisions

HUD published on September 17 proposed changes to the regulations for the public housing, Housing Choice Voucher, and Section 8 project-based rental assistance programs, implementing income-calculation and income-review changes required by the “Housing Opportunity Through Modernization Act of 2016” (HOTMA). To provide consistency among HUD programs, the proposed rule would also make a few changes to the national Housing Trust Fund, HOME Investment Partnerships, and Housing Opportunities for Persons with AIDS programs.

The proposed changes would implement HOTMA Sections 102, 103, and 104. Section 102 changes the requirements regarding income reviews for public housing and HUD’s Section 8 programs (the Housing Choice Voucher program and the Project-Based Rental Assistance [PBRA] program that assists privately owned multifamily properties). Section 103 modifies the continued occupancy standards of public housing residents whose incomes have grown above the thresholds for initial occupancy. Section 104 sets maximum limits on the assets of households living in public housing and Section 8 housing.

Various provisions of HOTMA were implemented by other HUD actions. For example, a Federal Register notice published on October 24, 2016, announced provisions that were effective immediately, and a Federal Register notice published on January 18, 2017, implemented multiple voucher program provisions unrelated to Sections 102, 103, and 104.

Comments are due November 18.

NLIHC has prepared a summary of some of the major provisions of the proposed rule at: 

An easy-to-read version of the proposed rule is at:

The formal Federal Register version of the proposed rule is at: