HUD office clarifies
community service requirement

On June 23, 2003, HUD published Notice PIH 2003-17 concerning the reinstatement of QHWRA community service requirements. The FY 2002 appropriations bill had suspended implementation of those requirements from October 1, 2001 to September 30, 2002. Generic language in subsequent continuing resolutions continued the suspension until President Bush signed the FY 2003 appropriations bill late in February 2003. At that time, the suspension technically expired.

In its notice HUD initially indicated (page 4, Section D., paragraph 2, line 3) that the requirements would apply, "to all leases entered into on and after October 1, 2002." In other words, public housing residents with lease or renewal dates later than September 30, 2002 would have had to comply with the 8 hour per month community service requirement from October 1, 2002 on. The notice also required HAs to notify all public housing residents of the renewed implementation of this requirement by July 30, 2003. HAs were also to notify any residents who had not complied with the requirements prior to October 1, 2001 (that is, residents who had to make up a deficiency in community services hours) that they would now have to verify that they had done so.

Shortly after the notice appeared on HUD's web site, PHADA learned that HUD had modified the language of the notice slightly by removing the sentence referenced above from Section D. This removed the requirement to impose community service requirements on leases renewed on or after October 1, 2002. Unfortunately, HUD failed to call any attention to this modification. As a result, a HA that downloaded the notice after HUD made the change had correct language, but there may be agencies that acquired the earlier version and believe that service requirements may apply to public housing residents' leases retroactively to October 1, 2002.

PHADA contacted the Public and Indian Housing Information and Resources Center (telephone 1-800-955-2232) in order to fathom what HAs actually needed to do as a result of this notice and the reinstitution of the QHWRA community service requirement. The Center quickly understood the issue and was very helpful in explaining what the Department expects.

• First, HAs must notify all public housing residents of the reimplementation of this requirement by the end of July.
• Second, if an HA has any residents who were delinquent in community service hours under a lease in effect prior to October 1, 2001 who received a notice concerning the deficiency, the HA must also send a copy of the original notice to those residents.
• Third, HAs must begin implementing the community service requirements with lease renewals starting as quickly after their notices as possible. HAs must be able to assure that residents are performing their requirements by October 31, 2003.

HUD appropriations bill to go
to House floor perhaps tomorrow

PHADA has been told by congressional staff that the House FY '04 HUD appropriations bill may be considered on the floor as early as tomorrow. PHADA has been following the appropriations bill and has issued several news alerts and position statements (see PHADA website). Interested members may want to tune into C-SPAN tomorrow to catch the floor action on this bill.

There is no word yet on when the Senate may consider a HUD appropriations bill, but that chamber likely won't take up a bill until September (after the congressional recess). PHADA will be closely monitoring the progress of the appropriation legislation and will report further on it as information becomes available.