Comments on HUD’s Proposed Revisions to Disparate Impact Rule Due Friday, October 18

On August 16, HUD released a proposed rule that would revise the 2013 disparate impact rule. The disparate impact rule sets the standard for determining when a practice with a discriminatory effect violates the Fair Housing Act. Enterprise strongly opposes the proposed changes that would substantially alter the disparate impact rule and would make it far more difficult to bring disparate impact claims under the Fair Housing Act.

Enterprise encourages our partners to submit comments to HUD by the deadline this Friday, October 18. Advocates can access resources at www.defendcivilrights.org and www.fightforhousingjustice.org.

Senate Appropriators Moving Forward with Key Affordable Housing and Community Development Spending Bills

The Senate adopted 302(b) allocations last week, providing appropriations subcommittees with top-line funding levels for their fiscal year (FY) 2020 spending bills. Transportation, Housing and Urban Development (THUD) was set at $74.3 billion, Agriculture-FDA at $23.1 billion, and Financial Services and General Government (FSGG) received $24.2 billion.

With top-line numbers now in hand and only 9 working days left until federal funding expires at the end of the month, Senate appropriators are working quickly to complete FY20 spending bills. The chamber has scheduled subcommittee markups for THUD, Agriculture-FDA and FSGG this Tuesday, and it is anticipated the bills will head to full committee for consideration on Thursday.

On the House side, appropriators are working on readjusting funding levels in preparation for negotiations with the Senate, since the top-line numbers they initially used provided more funding for non-defense programs than the signed budget deal. As negotiations unfold, Enterprise encourages Congress to provide the highest possible funding levels for critical affordable housing and community development programs.

OHFA Adjusts Fee Structure for Multi-Family Bond Issue Applications

Developers applying for Multi-Family Bonds will now see a reduction in the fees required. OHFA has reduced the Administration/Compliance Fee for the first five years to one year. The Administrative/Compliance fee based on the outstanding bond balance has been waived. For a $10 million issue, this represents a savings of $62,500.

Developers could potentially take advantage of this fee reduction by rolling the savings back into the production of more affordable housing units.

Updated fee structure

For more information about Multi-Family Bonds, visit www.ohfamultifamilybonds.org

HUD HOME PROGRAM Monitoring Handbook Update

Are you responsible for managing federal HOME funds? Are you planning to access HOME funds? If yes, then you will want to check out the HUD HOME Program Monitoring Handbook sections. HUD staff uses the handbook used to monitor PJs. HUD updated the HOME section with the changes made in the HOME Rule in 2013.

CHAPTER 7: HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)

WORD
Optional Attachments 7-0 (4 files), Exhibits 7-1 through 7-23, and Attachment 7-1 – (REMOVED)
Exhibit 7-24 – HOME Pre-Monitoring Checklist WORD
Exhibit 7-25 – Guide for Review of Program Oversight, Financial Management, and Cost Allowability WORD
Exhibit 7-26 – Guide for Review of Homeowner Rehabilitation Projects and/or Policies & Procedures WORD
Exhibit 7-27 – Guide for Review of Homebuyer Development and/or Rehabilitation Projects and/or Policies & Procedures WORD
Exhibit 7-28 – Guide for Review of Homebuyer Downpayment Assistance Projects and/or Policies & Procedures WORD
Exhibit 7-29 – Guide for Review of Rental Development or Rehabilitation Projects and/or Policies & Procedures WORD
Exhibit 7-30 – Guide for Review of Rental Project Compliance and/or Policies & Procedures WORD
Exhibit 7-31 – Guide for Review of Tenant-Based Rental Assistance (TBRA) Projects and/or Policies & Procedures WORD
Exhibit 7-32 – Guide for Review of Community Housing Development Organization (CHDO) Qualifications, Projects, and/or Policies & Procedures WORD
Exhibit 7-33 – Guide for Review of Match Requirements WORD
Exhibit 7-34 – Guide for Review of Contractor Written Agreements WORD
Exhibit 7-35 – Guide for Review of State Recipient Written Agreements and Oversight WORD
Exhibit 7-36 – Guide for Review of Subrecipient Written Agreements and Oversight WORD

IRS Expands Housing Credit and Bond Disaster Relief for CA Disaster Relief and Other Considered Modifications

The Internal Revenue Service (IRS) issued a notice that expands the emergency housing and compliance monitoring relief for Low-income Housing Tax Credit properties in areas that were affected by the 2018 California wildfires. Originally, the Federal Emergency Management Agency (FEMA) had designated Butte, Los Angeles and Ventura counties in California to be eligible for Individual Assistance and Public Assistance under the Stafford Disaster Relief and Emergency Assistance Act in November 2018. The notice expands the relief provided by extending the temporary housing period to July 31, 2020 and the compliance review until Nov. 25, 2019 or a year after a building was placed back in service. The IRS is requesting that public comments be submitted by October 31, 2019. To read the IRS notice click here.

NCSHA Releases Updated Model Housing Credit Compliance Forms

Today, NCSHA released revamped model forms for Housing Credit compliance monitoring, developed in collaboration with its members and stakeholders. NCSHA’s Recommended Practices in Housing Credit Administration encourage Housing Credit agencies to adopt model forms, which help standardize compliance monitoring practices across states and create efficiencies for development owners and other Housing Credit industry professionals.

Available on NCSHA’s website, the updated Model Compliance Forms include:

  • Owner’s Certification of Continuing Program Compliance
  • Tenant Income Certification
  • Employment Verification
  • Certification of Zero Income
  • Under $5,000 Asset Certification
  • Student Self-Certification
  • Student Status and Financial Aid Verification

The revisions address legislative and regulatory changes in the Housing Credit program since the forms were first developed — including the Average Income Test minimum set-aside, student rule exemptions, and application of the Violence Against Women Act — and provide greater clarity for properties undergoing a resyndication of Credits.

The updated forms also reflect the evolution of our modern economy, incorporating new questions about tenant income from self-employment in the gig economy or crowd-funding platforms like GoFundMe, for example. In addition, NCSHA has streamlined the forms and improved their functionality.

State Housing Credit agencies may adapt the forms to their individual circumstances as needed.

For more information, contact NCSHA’s Jennifer Schwartz or <a href=”mailto:JTassos.

5 OK Nonprofits Awarded FY 2019 HUD Housing Counseling Grants

The U.S. Department of Housing and Urban Development (HUD) announced late yesterday the recipients of just over $42 million in Housing Counseling program grants for fiscal year (FY) 2019. HUD’s announcement says the funding will go to 207 different housing counseling agencies, including 19 state HFAs who will receive a combined $8.5 million in grants. HUD also released a comprehensive summary of each grant award.

These grants will support programs that provide low- and moderate-income consumers a variety of counseling services, including educating first-time home buyers about their options, helping families secure affordable rental housing, and offering financial literacy training to those who have experienced credit troubles. Many HFAs also offer foreclosure prevention counseling to help struggling borrowers remain in their homes. HFAs often act as HUD counseling intermediaries for their states, partnering with and overseeing locally based organizations to assist low- and moderate-income borrowers in communities throughout their states.

According to a 2017 HUD study, housing counseling can help homeowners who fall behind on their mortgage payments avoid foreclosure, and new home buyers who received housing counseling were more likely to stay current on their mortgage payments. HUD is conducting further research intended to improve the effectiveness of housing counseling and education programs.

Those state HFAs receiving Housing Counseling program grants for FY 2019 include Colorado Housing and Finance Authority, Connecticut Housing Finance Authority, Georgia Department of Community Affairs/Georgia Housing and Finance Authority, Idaho Housing and Finance Association, Indiana Housing and Community Development Authority, Kentucky Housing Corporation, Louisiana Housing Corporation, MaineHousing, Michigan State Housing Development Authority, Mississippi Home Corporation, New Hampshire Housing Finance Authority, New Jersey Housing and Mortgage Finance Agency, New York State Housing and Community Renewal, Pennsylvania Housing Finance Agency, South Dakota Housing Development Authority, Tennessee Housing Development Agency, Virginia Housing Development Authority, Virgin Islands Housing Finance Authority, and Washington State Housing Finance Commission.

Nearly half of all grant recipients, including 13 HFAs, received an award preference because they will provide housing counseling services to beneficiaries living in designated Opportunity Zones.

OKLAHOMA GRANTEE LIST:

Community Action of Oklahoma City and Oklahoma/Canadian Counties, Inc. Oklahoma City, OK $15,000 – Comprehensive Counseling

In partnership with the community, the mission of Community Action Agency of Oklahoma City and Oklahoma/Canadian Counties Inc. (CAA) is to promote the self-sufficiency of the socially, economically, and culturally disadvantaged citizens of Oklahoma City and Oklahoma and Canadian Counties, and to eliminate the paradox of poverty among these citizens by opening to everyone the opportunity to work, to live in decency, dignity, and worth, and to secure the opportunities needed to become fully self-sufficient. CAA’s mission includes planning and evaluating new types of services, innovative approaches, and strategies for overcoming the root causes of poverty in the community, to include providing affordable housing to low- and moderate-income households. CAA departments include: Head Start, Turning Point Drug and Alcohol, Housing/Home Repair, Special Projects Housing Division, Economic Development, Community Services, Administrative Services, and Fiscal Management. The Housing Division accomplishes weatherization, emergency home repair, and exterior maintenance tasks. The Special Projects Division works with clients on a daily basis either with down payment and closing costs assistance to help income-eligible households purchase a home, housing counseling to help prepare a potential homeowner for the home buying process, and default counseling to help a homebuyer maintain their homeownership. www.caaofokc.com

Community Development Support Association, Inc. Enid, OK $15,174 – Comprehensive Counseling

Community Development Support Association, Inc. (CDSA) is a private nonprofit community action agency established in 1980 and has been a HUD-approved housing counseling agency since 1998. The mission of the agency is to work with others to identify needs, secure resources, and deliver services that improve lives in our communities. The agency does this by employing qualified staff to implement programs based on community needs that have been identified through research and needs assessments. CDSA provides comprehensive housing counseling including homebuyer education, mortgage delinquency/default counseling, homeless services, and services to renters, as well as services that promote energy efficiency. www.cdsaok.org

Housing Authority of the Choctaw Nation of Oklahoma Hugo, OK $44,409 – Comprehensive Counseling

Established in 1965, the Housing Authority of the Choctaw Nation of Oklahoma (HACNO) is the Tribally Designated Housing Entity (TDHE) of the Choctaw Nation of Oklahoma. HACNO has provided housing related services to Native Americans living throughout the Choctaw Nation’s 10 county service area in southeastern Oklahoma for over 50 years. Its mission is to provide affordable quality homes, professional management services, and economic growth while promoting opportunities for resident self-sufficiency and safety. Services offered include affordable rental housing, supportive housing for elders, 61 home finance products, home maintenance, modernization, rehabilitation and energy efficiency assistance for low-income homeowners, storm shelter grants, and more. HACNO’s Home Finance Department, established in 2002, helps furthers HACNO’s mission by providing affordable home loan opportunities designed to obtain decent, safe, and sanitary housing, as well as extensive counseling services through its Home Finance Counseling Program. The counseling program’s services include homebuyer education, mortgage delinquency and default resolution, one-on-one budget and credit counseling, and pre- and post-purchase counseling. www.choctawnation.com/tribal-services/housing

Housing Partners of Tulsa, Inc. Tulsa, OK $30,275 – Comprehensive Counseling

Housing Partners of Tulsa, Inc. (HPT), created in 1991, is a 501(c)(3) nonprofit corporation. HPT’s mission is to provide educational services and housing counseling services for low- and moderate-income Tulsans and promote programs leading to self-sufficiency and homeownership. Counselors at HPT strive to empower people to improve their quality of life by creating educational programs to assist low-income homebuyers, homebuyers with disabilities, elderly homebuyers, and homebuyers with language barriers. These potential homebuyers need additional resources made available to them in order to complete their home buying experience. HPT provides the following services: homebuyer education classes, down payment/closing cost assistance, post-purchase counseling, delinquency management, foreclosure/loss mitigation counseling, predatory lending prevention education, default management, fair housing education, and financial literacy. HPT’s objectives are to encourage responsible homeownership, to expand homeownership opportunities, and improve access to affordable housing. Counselors provide guidance to help families and individuals meet the responsibilities of a homeowner. With more than 15 years of experience providing housing assistance, HPT expects to continue providing down payment assistance to first-time homebuyers through the HOME program in conjunction with the City of Tulsa and Tulsa County HOME Consortium. All services are provided at no cost to the potential homebuyer. www.tulsahousing.org

QuickCert, Inc. Tulsa, OK $128,486 – Comprehensive Counseling

QuickCert, Inc. is a 501(c)(3) organization founded in 2007. The organization is a HUD-approved housing counseling agency that offers housing counseling services across the United States and Puerto Rico in English and Spanish. QuickCert, Inc.’s goal is to provide housing counseling services with their primary focus on offering senior services and reverse mortgage counseling. www.quickcert.org