NLIHC Responds to HUD Notice Seeking to Reduce Regulatory Burdens

NLIHC submitted a letter responding to a HUD request in a Federal Register notice dated May 15, 2017 seeking suggestions for regulations “that may be outdated, ineffective, or exceedingly burdensome, and therefore warranting repeal, replacement, or modification.” NLIHC reiterated our fundamental objection to the underlying premises that are the source of the request for regulatory reform suggestions – Executive Order (EO) 13771 (see Memo, 2/6 and 2/13). NLIHC has grave concerns about the impact EO 13771 will have on the low income people served by HUD programs. By arbitrarily requiring two sets of regulations be repealed for each new, necessary regulation, EO 13771 will prevent HUD from carrying out its duty as authorized by Congress to operate housing and community development programs in a manner that serves and protects low income people.

HUD’s request responds to a directive in another Executive Order, EO 13777, requiring federal agencies to establish a Regulatory Reform Task Force to evaluate regulations and make recommendations regarding which to repeal, replace, or modify (see Memo, 3/6).

NLIHC’s letter proceeds to discuss current regulations that, as HUD requested, are not as effective as they could be and therefore warrant modification, identifying shortcomings and offering recommendations that would make them more effective. The regulations that could be made more effective by modification include those pertaining to: the national Housing Trust Fund, Section 3 Employment Opportunities, Public Housing Demolition and Disposition, Housing Choice Voucher Portability, Enhanced Vouchers, the PHA Plan, and Lead-Based Paint Poisoning Prevention. NLIHC also suggested modifications to the Project-Based Voucher provisions in the January 18, 2017 Federal Register notice implementing some of the streamlining elements of the “Housing Opportunity Through Modernization Act of 2016” (HOTMA).

NLIHC also expressed proactive support for several essential fair housing regulations: Affirmatively Furthering Fair Housing, Discriminatory Effects, Equal Access Regardless of Sexual Orientation or Gender Identity, Equal Access in Accordance with an Individual’s Gender Identity in CPD Programs, Quid Pro Quo and Hostile Environment Harassment, and Violence Against Women Reauthorization Act of 2013 Implementation in HUD Housing Programs.