Housing

Temporary Waiver of Servicing Policy Regarding In-Person Borrower Contact

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The United States Department of Housing and Urban Development (HUD) has issued a waiver of its requirement that mortgagees have face-to-face contact with borrowers to determine the borrower’s circumstances and appropriate repayment plan because of COVID-19.  This waiver is limited to Single Family Mortgage Insurance.

The mortgagee must establish contact with the borrower using alternative methods including telephone, email or video conference to inform the borrower that HUD will make information available about the status and payment history of the borrower’s loan available to local credit bureaus and prospective lenders, to inform the borrower of other available assistance, and to inform the borrower of names and addresses of HUD officials to contact.

The mortgagee must documents their contact with the borrower.  The waiver does not apply to the face-to-face requirement for the Section 248 insurance program.  The waiver is limited to a 12-month period from the date of issuance.  (FHA Letter 20-20, March 13, 2020.)

FHA mortgage and eviction moratorium

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The United States Department of Housing and Urban Development (HUD) has issued a directive that properties secured by FHA- insured Single Family mortgages are subject to a 60 day moratorium on foreclosure. The moratorium applies to initiation of and completion of the foreclosure process.

Evictions of persons from properties secured by FHA- insured Single Family mortgages are suspended for 60 days.

Deadlines for the first legal action and reasonable diligence timelines are extended by 60 days.  (Mortgagee Letter 2020-04, March 18, 2020.)

Tenant Protection Vouchers for foster youth

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The United States Department of Housing and Urban Development (HUD) has guidance regarding Tenant Protection Vouchers for foster youth.  Tenant Protection Vouchers are now available for Family Reunification Program-eligible foster youth in communities that do not administer Family Reunification Programs.  To be eligible, a Public Housing Authority (PHA) must: administer the Housing Choice Voucher program, not administer the Family Reunification Program, have a partnership with a public child welfare agency, accept Family Reunification Program –eligible your referrals, determine eligibility and update their administrative plan.  The public child welfare agency must provide supportive services.

Eligible youth must be at least 18 years of age and not more than 24 years of age, left foster care or will leave foster case within 90 days, and are homeless or at risk of becoming homeless.

These vouchers sunset when the youth leaves the program.  If a youth does not use the voucher, the PHA must notify HUD and HUD will reduce the PHA’s housing choice voucher assistance to account for the removal of the voucher.  These vouchers cannot be project based.   PHAs may admit youth to the program who are not on the waiting list or without consideration of waiting list position.  These vouchers provide assistance for a maximum of 36 months.  (PIH Notice 2019-20, July 26, 2019.)

Utility Rate Reduction Incentive in Public Housing

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The United States Department of Housing and Urban Development has guidance regarding use and eligibility of the Rate Reduction Incentive (RRI).  The RRI is a financial incentive for Public Housing Authorities (PHAs) to pursue special and significant efforts beyond what is required by statute or regulation to reduce their utility rate.  PHAs that take an eligible action will be eligible to retain one-half of the annual savings realized from their actions.  The lower rate cannot be result of factor that do not require PHA action such as market changes, rate changes for all customers or consuming energy at a different time of day.

Eligible activities include special rate negotiated by and for the PHA, wellhead purchase of natural gas, power purchase agreement using a third-party energy supplier, energy efficiency investments that lead to lower utility rates, investments to allow for fuel switching capability in order to participate in an interruptible utility rate, commodity purchases of regulated utilities in a deregulated market that result in a lower utility rate, active commodity trading and on-site renewable energy.

Activities ineligible to receive RRI include energy investments that lower utility consumption but not the rate, selecting the best available utility rate, combining or removing meters to prohibit individual tenant metering, and fuel switching to obtain a better rate when new equipment is not required.  (PIH Notice 2019-24, September 3, 2019.)

Emergency call systems in public housing

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The United States Department of Housing and Urban Development (HUD) has issued guidance on emergency call systems in public housing.  There is no requirement to install emergency call systems in public housing.  HUD does not prescribe the type of emergency call system a public housing authority should use if there is a system present or installed.

However, emergency call systems may be required to be installed and operable as reasonable accommodations, modification or auxiliary aids pursuant to Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and the Fair Housing Act.

If a public housing authority has call-for-aid pull cords, wireless communication notification systems or other similar emergency call systems in a public housing property, the systems must function as intended, are subject to Real Estate Inspection Center (REAC) inspection protocols and must be tested. Housing Authorities are not required to replace older call systems with wireless or electronic communication technology.  However, when the public housing authority uses call-for-aid pull cords, REAC inspectors must verify the system functions as intended and the cords must be accessible.  (PIH Notice 2019-25, October 11, 2019.)