H 09-13 and PIH 09-36: Supplemental Information to Application for Assistance Regarding Identification of Family Member, Friend or Other Person or Organization Supportive of a Tenant for Occupancy in HUD Assisted Housing (9/15/09)

This joint notice relates to the implementation of Section 644 of the Housing and Community Development Act of 1992 that requires PHAs and owners to provide as part of the application for assistance a form in which applicants or tenants, at their option, may identify third parties that may be contacted to assist in the delivery of any service or special care or in resolving tenancy issues. The notice include a link to the aforementioned form. PHAs and owners were given 90 days from the date the joint notice was issued, which runs December 14, 2009, to implement this requirement. [Download. Note: This link is to the general 2009 PIH Notice page on HUDCLIPS. Once on this page, scroll down to the appropriate notice.]

HUD 74 FR No. 166, p. 44285 – Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Delay of Effective Date (8/25/09)

This action relates to the final rule revising HUD’s public and assisted housing program regulations to require that PHAs and owners of assisted housing use HUD’s Enterprise Income Verification (EIV) system. The rule was to go into effect on September 30, 2009, after a prior delay. Now the effective date has been postponed once again to January 31, 2010. There was significant public comment on the final rule raising concerns about applicants’ and participants’ ability to obtain identifying documents required under EIV such as birth certificates and children’s social security numbers. The delay will give newly confirmed HUD officials an opportunity to review and consider these comments. [Download.]

PIH Notice 2009-22 – Over Subsidization in the Housing Choice Voucher Program (7/21/09)

This notice renews much of last year’s notice on the same subject, including the restrictions on approval of an extra bedroom for family caregivers and rotating caregivers. The notice includes a specific provision for seeking reasonable accommodation, a mechanism that advocates might use to seek exception such restrictions. [Download.]

PIH 09-21 Non-Smoking Policies in Public Housing (7-17-09)

Citing statistics on the negative health effects of second hand smoke and concerns raised by President Obama in the Family Smoking Prevention and Tobacco Control Act, P.L. 111-31, signed on June 22, 2009, “[t]his notice strongly strongly encourages Public Housing Authorities (PHAs) to implement non-smoking policies in some or all of their public housing units.” Examples of implementation measures already enacted by some PHAs range from instituting designated smoking areas to prohibiting smoking for new residents. The notice counsels PHAs to consult with resident boards before implementing any non-smoking policies at their public housing properties. [Download by clicking here and scrolling down the HUD CLIPS page to PIH Notice 09-21 and clicking.]

24 CFR Parts 5, 92 and 908 – Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Proposed Delay of Effective Date (02/11/09)

This notice proposes a temporary delay in implementing final rule HUD regulations excluding persons based upon SSN: 74 Fed. Reg. 4832 (January 27, 2009), that would have required public and assisted housing residents to provide a valid social security number to qualify for the program. Importantly, this notice also clarifies that the social security number requirement would not apply to individuals in families who do not claim eligible immigration status under HUD’s non-citizen regulations, thus alleviating some of the concerns raised by housing and immigration advocates regarding the effect the version of the rule issued on January 27 would have on so-called “mixed” families in which not all family members claim eligible immigration status. Comments on the February 11 (delay) notice are due March 13, 2009 and can be submitted either online at www.regulations.gov (search Enterprise Income Verification) or by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410–0500. [Download.] The National Housing Law Project and the National Low Income Housing Coalition sent a memo to HUD on February 3 expressing concerns and commenting on the rule issued on January 27 prompting the proposed delay set forth in the instant notice.