HAs Would Have Flexibility Regarding Whether to Implement Policies
HUD has released its long-awaited proposed rule allowing public housing agencies (HAs) and owners of Project-Based Rental Assistance (PBRA) properties to adopt work requirements and/or term limits for work-able, non-elderly, and non-disabled households. The proposed rule is expected to be published in the Federal Register on March 2. Comments on the proposed rule will be due by May 1.
Permitted and Required Elements
The proposed rule would allow the establishment of work requirements and/or time limits in the public housing, Housing Choice Voucher (HCV), project-based voucher (PBV), and PBRA programs. Work requirements would have a maximum of 40 hours per week, but can be set at lower levels as determined locally. Term limits may be as low as 2 years, but can be longer. In all cases, HAs and owners must offer supportive services, either directly or through other local service providers.
For the public housing, HCV, and PBV programs, HAs must include their policies in the ACOP and/or Administrative Plan, and in their PHA Annual Plan and 5-Year Plan. Standard public participation requirements for these documents apply. Adopted policies must include information on who is excluded, how compliance will be monitored, and how hardship exemptions will be considered, among other provisions.
HUD-VASH vouchers are categorically excluded from any work requirement or term limit policies. Family Unification Program (FUP) and Foster Youth to Independence (FYI) program vouchers are excluded from any local term limit, as these programs already have statutory term limit requirements. Any term limit policy can only consider time after the effective date of the adopted policy—time receiving assistance prior to the effective date of the policy cannot be counted towards the term limit. Further, it is a term limit but cannot be a lifetime limit—any households that exit due to expiration of the term can reapply and cannot be excluded due to prior exhaustion of the time limit.
All HAs, except those in troubled status or receivership, are eligible to adopt such policies for the public housing, HCV, and PBV programs. All PBRA owners who are not in default are eligible to adopt these policies.
Member Feedback Group and Discussions to Be Held
The proposed rule includes many details and factors for consideration. These include listings of acceptable social services activities, questions about compliance monitoring that must be conducted by HAs or owners, and the potential costs of designing and implementing the permitted policies. The justification discussion references only supporting studies and data, ignoring other results and perspectives.
Additional information and discussion of the proposed rule will be included in the next Advocate. PHADA seeks member feedback on the proposed rule, which can be sent to: dweber@phada.org, or: policy@phada.org. A working group of members will also be established to consider the rule and inform PHADA’s formal comments. Members interested in the Work Requirements/Time Limits Workgroup are asked to contact: dweber@phada.org.