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HOTMA Sections 102–104 Final Rule Posted in Federal Register

Rule Impacts HA Implementation of Public Housing, HCV, and Other HUD Programs

On February 14, the final rule for Sections 102, 103, and 104 of the Housing Opportunity through Modernization Act of 2016 (HOTMA) was published in the Federal Register. These sections concern HOTMA provisions on income reviews and calculations (Section 102), public housing over-income policies (Section 103), and eligibility limitations based on assets (Section 104). The most recent issue of the Advocate summarized pertinent changes from the final rule.

HAs should note that the over-income portions of the rule are effective March 16, 2023, and agencies have until July 14, 2023, to update their admissions and continued occupancy policies to fully implement the rule.

In comparison, the income and assets portions of the rule (Sections 102 and 104) will not be effective until January 1, 2024. HUD has stated that changes from this rule will only be programmed into the Housing Information Portal (HIP), so any delays in HIP rollout past that date may also impact the implementation of these policies as well.

HUD will hold a series of webinars to provide additional information to HAs concerning HOTMA implementation. The first is scheduled for March 2, 2023, from 2:00–3:30 pm ET and will cover how HOTMA impacts agencies’ over-income policies. Future webinars will discuss HOTMA’s impacts on income and asset policies. Interested parties can sign up for these webinars on the HUD Exchange, and they will also be covered in future Advocate issues.

The HOTMA resources page contains a Final Rule Highlights and FAQ document, as well as other resources for HAs concerning HOTMA implementation.

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