CARES Act Guide
CARES Act Quick-Guide for Public Housing Authorities
PHADA has prepared this reference guide to CARES Act waivers for public housing authorities. The guide includes a chart, and more detailed descriptions of Public Housing, Housing Choice Voucher, Housing Quality Standards and other waivers from Notice PIH 2020-33, as well as key funding provisions of Notices PIH 2020-17 (HCV Supplemental HAP), PIH 2020-18 (HCV Supplemental Admin Fees) and PIH 2020-24 (Public Housing Operating Funds).
CDC Issues Targeted Eviction Moratorium Through October 3, 2021
On August 3, the Centers for Disease Control and Prevention (CDC), issued a targeted moratorium on evictions through October 3, 2021, for counties experiencing “heightened levels of community transmission.” The order is intended to address the COVID-19 pandemic, including the rise in the Delta variant. The previous moratorium expired on July 31, 2021.
CDC Issues a Nationwide Eviction Moratorium to Prevent the Spread of COVID-19
On September 4, the Centers for Disease Control (CDC) issued a Notice and Order under Section 361of the Public Health Service Act (42 U.S.C. § 264) and 42 CFR § 70.2. To prevent the further spread of COVID-19, the Order is a temporary halt in residential evictions. This Order is separate from the now expired eviction moratorium in Section 4024 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
HUD Webinar: Helping Tenants Access their Economic Impact Payments
Nearly 12 million Americans risk missing out on the stimulus payments provided through the recent CARES Act because they don’t file federal taxes or receive certain federal benefits. In order to receive the stimulus payment they must file a form by October 15, 2020 in order to receive it this year, or file a 2020 tax return next year to receive it in 2021.
Amid Escalating Pandemic, HUD to Restart REAC Physical Inspections
HUD has announced plans to restart physical inspections for the Public Housing and Multifamily programs. Department officials briefed PHADA staff and others yesterday on their plan. While no date has been set for the resumption of inspections, HUD is making the industry aware of its Return to Operations (RTO) plans so that property owners and agents (POAs) can prepare for this next phase.
HUD Releases Second Notices for Voucher Program HAP Funding and Administrative
HUD has published PIH Notices 2020-17 and 2020-18, which provide guidance on the use of Housing Choice Voucher Program Housing Assistance Payments (HAP) and Administrative Fees Supplemental Funding, respectively.
HUD Provides Remaining $2.96 Billion in CARES Act Funding for Homeless Populations Amid Coronavirus Recovery
HUD Secretary Ben Carson today announced the allocation of $2.96 billion in Emergency Solutions Grants (ESG) funding to support homeless Americans and individuals at risk of becoming homeless because of hardships such as job loss, wage reduction, or illness due to COVID-19. This funding is in addition to $1 billion of ESG grants announced within a week of President Trump signing the CARES Act.
HUD Alters CARES Act Funding Availability Dates
On Wednesday, May 13, 2020, HUD sent an email to all public housing authorities clarifying and updating previously provided information regarding the first date of eligible use of CARES Act Funding. According to the email, HUD is now allowing expenses incurred beginning on March 27, 2020, the date of passage of the CARES Act. This is a significant improvement over previous guidance, which had disallowed expenses incurred prior to April 29 or May 1. PHADA sent a letter to HUD and to Congress on May 8, raising concerns about HUD’s initial guidance and providing rationale for utilizing an earlier date.
PHADA Writes to Congress on HUD’s Flawed CARES Act Interpretation
PHADA contacted Congress today to express its serious concerns regarding how HUD is interpreting the recent CARES Act provision on the Operating Fund and HCV administrative fee. To date, HUD has taken an overly narrow interpretation of the CARES Act, disallowing significant costs HAs have incurred prior to May 1, 2020
HUD Releases Guidance on CARES Act Funding
On April 28, 2020, HUD published two PIH Notices, 2020-07 and 2020-08, which provide guidance on the use of supplemental public housing operating and Housing Choice Voucher (HCV) administrative funds, respectively. The Notices were published in advance of the funds being made available to housing authorities to assist with planning and response to the effects of COVID-19.
HUD Posts CY 20 Administrative Fee Rate Schedule for the Voucher Program
HUD has posted the Calendar Year (CY) 2020 Administrative Fee Rate Schedule for the Housing Choice Voucher Program, including instructions for calculating administrative fee rates under portability. The estimated national proration rate from January to May 2020 was a grossly inadequate 79 percent. The estimated national proration rate from June to October 2020 will be a little better, 81 percent. The proration factor is not applied to the MOD Rehab programs. The Administrative Fees rates are applicable to the Mainstream Program.
HUD Releases Guidance on Eviction Moratorium
On April 21, 2020 HUD released guidelines for housing authorities (HAs) regarding the temporary eviction moratorium (Section 4024 of CARES Act) which began March 27, 2020.
HUD FHEO Updates FAQ, Extends Section 3 Reporting Deadline to July 31
In response to follow-up correspondence from PHADA, HUD’s office of Fair Housing and Equal Opportunity (FHEO) has updated its COVID-19 Frequently Asked Questions and extended the deadline to submit reports in SPEARS until July 31. Last week, FHEO had responded to a PHADA inquiry requesting an automatic extension of deadlines for Section 3 reporting with an email indicating that all reporting had been extended until June 1.
At PHADA’s Request, HUD Grants Blanket Extension of Section 3 Reporting Due Date to June 1
In response to a PHADA email request on April 10, HUD’s Office of Fair Housing and Equal Opportunity (FHEO) has clarified that the deadline for Section 3 reporting in SPEARS is delayed until June 1 for agencies unable to report due to COVID-19. When HUD’s waiver notice PIH 2020-5 was published, PHADA immediately identified that Section 3 reporting requirements were not addressed.
HUD Releases May/June Operating Subsidy
HUD has made May and June 2020 operating subsidy available in eLOCCS. In its Explanation letter, HUD reminds HAs of their ability to request funds in excess of their monthly installment to fund “unanticipated and immediate” needs. This is particularly relevant as HAs plan for and respond to COVID-19 in their properties and communities.
HUD Publishes Waiver Notice
On Friday April 10, HUD issued PIH Notice 2020-05, outlining statutory and regulatory waivers that housing authorities can utilize as they plan for and respond to COVID-19. In a change from prior disaster voucher procedures, the Notice provides broad authority to HAs to implement waivers of their choosing without any prior permission from or notification to HUD. PHADA advocated for this authority from the beginning of the crisis and is pleased that HAs will be able to easily access these waivers.
Accepts PHADA Request to Amend Funding Application Deadlines
In the FY 20 HCV Program funding Notice (PIH Notice 2020-04), HUD set deadlines by which applications must be submitted. For five of the seven categories, the Department set deadlines of May 15. Given the focus on planning and response efforts for COVID-19, these deadlines did not seem reasonable. PHADA staff raised this issue on a recent call with HUD staff, and as a result of that advocacy, the Department updated deadlines for those categories of funding.
HUD to Housing Authorities: Help is On the Way
On Friday, April 3, HUD’s Office of Public and Indian Housing (PIH) held a national call with housing authorities (HAs) to discuss COVID-19 response efforts. Led by Assistant Secretary Hunter Kurtz, PIH staff discussed the relevant provisions of the CARES Act and the Department’s plans to implement those provisions for the Housing Choice Voucher (HCV) and Public Housing programs.
HUD Issues Important Update to FAQs for Public Housing Agencies
On Monday, March 30, HUD released an updated COVID-19 Frequently Asked Questions (FAQs) document on their website. While many important questions regarding waivers are deferred until a formal waiver notice is issued, many questions are clearly answered in this document.
(Updated) Congress Expands FMLA, Required Paid Sick Leave in Response to COVID-19
Senate Passes Emergency Spending Bill
On March 25, the Senate passed H.R. 748, the CARES Act to provide emergency assistance and response to the coronavirus pandemic. In addition to relief provided to families and businesses, the bill provides supplemental appropriations for various governmental activities including the Department of Housing and Urban Development’s housing, homelessness, and community development programs
House and Senate Bills Include Appropriations for Housing Programs
On March 23, the House introduced H.R. 6379, Take Responsibility for Workers and Families Act, in response to COVID-19 along with DIVISION A – Third Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020. The bill includes $720 million to be used flexibly between Operating and Capital for these funds as well as FY 20 funds, and $1.5 billion for Tenant Based Rental Assistance, with $1 billion for Administrative Fees and $500 million for HAP.
PHADA Advocates with Senators, Congresswomen, for Regulatory Relief and Supplemental Funding
On March 22, PHADA sent a letter to Sens. Warren, Sanders, Merkley, and Reps. Porter and Pressley regarding the letter they sent to Secretary Carson the previous week.