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On July 23, HUD issued a new Preserving Community and Neighborhood Choice final rule, which repeals the 2015 Affirmatively Furthering Fair Housing (AFFH) final rule and the 1994 Analysis of Impediments requirements. This move is a return to HUD’s pre-1994 understanding of the 1968 Fair Housing Act’s obligation to affirmatively further fair housing.
Ahead of the Democratic National Convention, Joe Biden’s presidential campaign recently released the policy recommendations reached by its joint task forces with supporters of Sen. Bernie Sanders. The idea of joint task forces was born out of Biden and Sanders’ pledges to unite the party ahead of the November election.
HUD continues to encourage owners of multifamily properties to work with tenants who have lost jobs and income due to the COVID-19 pandemic to help them stay stably housed. HUD recently issued a brochure entitled, “Promoting Housing Stability During the COVID-19 National Emergency.” The brochure applies to multifamily housing programs, but doesn’t apply to Public Housing or Housing Choice Voucher programs.
HUD recently posted a new report, Worst Case Housing Needs: 2019 Report to Congress. This report is the 17th in a longstanding series providing national data and analysis of critical housing problems facing very low-income renting families. “Worst case housing needs” households are very low-income renter households who don’t receive government housing assistance and are paying more than half of their income toward housing costs.
The HUD Office of Inspector General (OIG) recently published a report evaluating HUD’s use of agency-wide telework in response to the COVID-19 pandemic. HUD deployed mandatory telework for its employees nationwide as part of an evacuation order on March 20, 2020. Access to all HUD offices was permitted only when required for mission critical functions.
In May, a smokers’ rights organization filed an appeal in the latest in a line of court decisions rejecting constitutional challenges to HUD’s regulation banning smoking in public housing.
HUD’s Smoke-Free Rule bans the use of all lit tobacco products, including cigarettes, cigars, pipes, and waterpipes (but not electronic cigarettes). The ban applies to all public housing units and interior areas, as well as outdoor areas within 25 feet of public housing and administrative offices. HUD’s stated purpose for the rule was four-fold:
On June 5, HUD released Housing Notice 2020-06, Exclusion from Annual Income of Temporary Employment from the U.S. Census Bureau. With this notice, HUD intends to remind owners and managing agents that, pursuant to Section 24 CFR §5.609(c)(9), tenants who receive Section 8 benefits are to exclude from the calculation of annual income any temporary income payments received by those tenants from the U.S. Census Bureau. In other words, any temporary income received from the U.S. Census Bureau is excluded from annual income.
House Financial Services Chair Maxine Waters (D-CA) and Representative Denny Heck (D-WA) recently announced the introduction of the Emergency Rental Assistance and Rental Market Stabilization Act of 2020, which would create a $100 billion emergency rental assistance fund to ensure that lower-income households remain housed during the coronavirus pandemic. Senate Banking, Housing, and Urban Affairs Ranking Member Sherrod Brown (D-OH) is introducing the Senate version of the bill.
HUD’s Office of Fair Housing and Equal Opportunity (FHEO) recently released a fact sheet, “Preventing and Addressing Harassment in Housing for Property Owners and Managers.” The document primarily focuses on sexual harassment, but also includes information on harassment based on other characteristics protected by the Fair Housing Act.
HUD recently announced the allocation of $380 million in supplemental administrative fee funding to all public housing authorities (PHA), including Moving to Work (MTW) PHAs. The two months of additional funding may be used for traditional administrative fees as well as for new costs related to protecting assisted families and employees throughout this coronavirus pandemic. The funding, made available by the CARES Act, will be awarded to PHAs across the nation.
The new eligible coronavirus-related activities include, but are not limited to, the following: