HUD Publishes Revised Form ACC and Mixed Finance ACC Amendment

On Friday, November 8, 2019, HUD published proposed revised forms of the Public Housing Authority Annual Contributions Contract ("ACC") and Mixed Finance Amendment to the ACC ("MFACC Amendment") for public review and comment. The revised form ACC and MFACC Amendment were published as part of a 30-day Paperwork Reduction Act process ("2019 ACC Notice"). Read the notice.

HUD previously published a revised form ACC as part of a 60-day Paperwork Reduction Act process on December 27, 2018 ("2018 ACC Notice"). R&C submitted joint comments with CLPHA to the 2018 ACC Notice expressing, among other things, deep concern regarding HUD's attempt to substantively change the relationship between PHAs and HUD without proper notice-and-comment rulemaking. Read the joint comments. R&C submitted further comments to the 2018 ACC Notice regarding needed modifications responsive to mixed finance developments. Read the comments.

According to HUD, the ACC and MFACC forms were revised after the 2018 ACC Notice comment period as follows:

• Deletion of the term "HUD Requirements," which term would have required PHA compliance with HUD-issued notices;
• Deletion of the definitions for "Operating Receipts" and "Program Receipts," which definitions appeared to restrict all program and operating funds to public housing expenditures;
• Exclusion of all mixed-finance specific language from the ACC and incorporation into the MFACC;
• Replacement of broad authority to reduce, offset, terminate, recapture, withhold, suspend, and reduce grant funding with "remedies allowed by the Public Housing Requirements";
• Deletion of unrestricted access to PHA records;
• Inclusion of specific PHA acceptance language and required execution by HUD and the PHA.

For more detailed review of the proposed revisions:  

• View HUD's detailed side-by-side comparison chart of the revisions to the form ACC here.
• View a comparison document of the form ACC reflecting the changes from the 2018 proposed form here.
• View a comparison document of the form MFACC reflecting the proposed changes here.

A more detailed analysis of the 2019 ACC Notice and revised form ACC and MFACC Amendment will follow.

The deadline to submit comments on the new forms is December 9, 2019.

HUD Publishes Revised MTW ACC Amendment

On Friday, November 8, 2019, HUD published a revised form of the Moving to Work Amendment to the Annual Contributions Contract ("MTW ACC Amendment") for public comment. The revised form MTW ACC Amendment was published as part of a 30-day Paperwork Reduction Act process ("2019 MTW ACC Notice"). Read the notice. The MTW ACC Amendment will govern the participation of the 100 new PHAs in the MTW Demonstration expansion.

HUD previously published a revised form MTW ACC Amendment as part of a 60-day Paperwork Reduction Act process on December 27, 2018 ("2018 MTW ACC Notice"). R&C represented the MTW Executive Steering Committee in submitting comments to the 2018 MTW ACC Notice. Those comments, among other things, raised concerns that the MTW ACC Amendment provided less flexibility to new MTW agencies and mandated new, more burdensome requirements. Read the comments.

According to HUD, the MTW ACC Amendment was revised after the 2018 MTW ACC Notice comment period as follows:

• Extension of the term of the amendment from 12 to 20 years;
• Clarification that exemptions contained in the Operations Notice for the Expansion of the Moving to Work Demonstration Program applies to sub-regulatory requirements;
• Clarification that a transition plan is not needed a year prior to termination if participation in the program is extended;
• Deletion as a remedy for default HUD's ability to suspend, reduce, or offset funding.

For more detailed review of the proposed revisions, view a comparison document of the revised form MTW ACC Amendment reflecting the changes from the 2018 MTW ACC Notice here.

A more detailed analysis of the 2019 MTW ACC Notice and revised form MTW ACC Amendment will follow.

The deadline to submit comments on the new form MTW ACC Amendment is December 9, 2019.