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R&C Housing Notices

257th Edition: 10/7/2019-10/11/2019

News of Note

Highlights from RAD Collaborative RAD REV-4 Teleconference
Tom Davis and Will Lavy from the Office of Recap provided insightful commentary on practical applications of the new RAD REV-4 Notice during the RAD Collaborative's October 8th teleconference. The focus centered on strategic opportunities for PHAs and owners of Section 202 PRACs and explored frequently asked questions raised by the Notice.

For First Component transactions, HUD discussed maximizing the FY18 RAD rents and clarified the new multi-phase provisions of the Notice, including opportunities for PHAs to form transaction-based partnerships to exchange resources and facilitate transformations that are otherwise infeasible. HUD also addressed streamlining of RAD with Section 18 and the introduction of concept calls, which are expected to speed transactions and facilitate communications.

On RAD for PRAC, HUD clarified that rent bundling has no geographic limitations and that the resident services rent boost (up to $27/unit) is effectively a bonus in addition to regular operating rents. HUD acknowledged that pre-conversion budget-based rents are somewhat limited currently due to appropriations but HUD expects these caps to ease during the next budget round. HUD continues to encourage Section 202 PRAC owners to explore means of boosting pre-conversion rents in order to facilitate refinancing transactions and repositioning of assets.

HUD's next steps include development of REV-4 specific internal processes and procedures, implementation of the PBRA Opportunity Zones rent boost, standardizing  review of budget-based rent increases with OAMPO, and development of form documents, which will be released for notice and comment.
President Signs Two Executive Orders Regarding Guidance Documents and Transparency
On October 9, the President signed two executive orders (EOs). The first EO requires federal agencies to treat guidance documents as non-binding, to solicit public input and make guidance documents readily available to the public. The second EO requires federal agencies to provide public notice of their jurisdiction over particular conduct and the applicable legal standards before subjecting persons to civil administrative enforcement action.
HUD Announces $112 Million for Affordable Housing for Persons with Disabilities
On October 9, HUD announced $112 million in funding for permanent affordable housing for very low-income persons with disabilities, including $75 million in capital advances. Funding is available for two components of the Section 811 Program - traditional Section 811 Supportive Housing for Persons with Disabilities and Section 811 Project Rental Assistance.



Upcoming Events

R&C Attorneys to Present at ABA Forum Fall Boot Camp
October 17-18, 2019

R&C Associate Cody Bannon will speak on the "RAD Updates, RAD-for-PRAC and HUD Preservation Tools" panel, and Associate Meghan Levine will speak on the "Rental Assistance Demonstration (RAD) Program Basics and Closing a RAD Deal" panel, at the ABA Forum Fall Boot Camp on October 17-18 at the Kimpton Hotel Born in Denver, CO.

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Anne Schroth to Moderate Panel at Baltimore Affordable Housing Summit
October 24, 2019

R&C Member Anne Schroth will moderate the "Financing Low-Income Projects" panel at the Baltimore Affordable Housing Summit on October 24 in Baltimore, MD.

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Iyen Acosta to Present at NAHMA's 2019 Fall Conference
October 28, 2019

R&C Associate Iyen Acosta will speak on Fair Housing matters with a focus on unintentional discrimination at NAHMA's Top Issues in Affordable Housing Conference on October 28 in Washington, DC.

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Joseph Prochaska to Present at NCBJ's Annual Conference
November 2, 2019

R&C Of Counsel Joseph Prochaska will present "Avoiding Potential Ethical Traps in Unbundling, Factoring, and Other Fee Arrangements in Consumer Cases" at NCBJ's 93rd Annual Conference on November 2 in Washington, DC.

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Federal Register Notices

HUD Issues RAD Rev-4 Notice and Seeks Comments Regarding Selection and Eligibility Criteria

October 10, 2019
84 FR 54630

Following issuance of the RAD Rev-4 Notice, HUD published waivers and alternative requirements authorized under the First Component of RAD and seeks comments on changes to the selection and eligibility criteria for conversion of public housing. Those changes include: 1) removal of restrictions on certain HOPE VI properties that are under ten years old, and 2) elimination of the selection of applications based on previously established "Priority Categories" so that HUD reviews applications on a first-come, first serve basis. Comments are due November 12, 2019. The Federal Register Notice also lists key highlights of the RAD Rev-4 Notice, including implementation of RAD for Section 202 PRAC properties under the Second Component.
PDF | Text

Notice of Proposed Information Collection for Public Comment: Continuum of Care Homeless Assistance-Technical Submission

October 11, 2019
FR-7012-N-04

HUD seeks an extension of the approved information collection on its technical submission process for applicants to the Continuum of Care Homeless Assistance Grant competition. Comments are due December 10, 2019.
PDF | Text

60-Day Notice of Proposed Information Collection: HUD Certified Housing Counselor Registration-Office of Housing Counseling 

October 11, 2019
FR-2014-N-25

HUD seeks a revision of the approved information collection regarding HUD Certified Housing Counselor Registration. Comments are due December 10, 2019.

PDF | Text

60-Day Notice of Proposed Information Collection: Emergency Solutions Grant Data Collection  

October 10, 2019
84 FR 54629

HUD seeks OMB approval to collect information regarding the proposed certification form to be used by HUD grant applicants investing in communities designated as Opportunity Zones. Comments are due December 9, 2019.

PDF | Text

60-Day Notice of Proposed Information Collection: Opportunity Zone Grant Certification Form

October 10, 2019
84 FR 54629

HUD seeks OMB approval to collect information regarding the proposed certification form to be used by HUD grant applicants investing in communities designated as Opportunity Zones. Comments are due December 9, 2019.

PDF | Text

HUD Expedites Review Process for CY 2019 Disaster-Related Requests for Relief from Public Housing and Section 8 Requirements 

October 9, 2019
84 FR 54009

HUD established an expedited process for PHAs to request waivers from certain public housing and Section 8 requirements, in response to presidentially declared major disaster declarations occurring in CY2019. The process became effective October 9, 2019.
 PDF | Text 

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