Compliance

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In the early stages of the COVID-19 pandemic, HUD made certain limited electronic signing and document delivery options available to help reduce virus exposure for important resident interactions such as income recertifications and applicant processing. In a new notice issued by HUD’s Office of Multifamily Housing, HUD has expanded the electronic option for owners in a continued effort to limit COVID-19 exposure for staff and residents by minimizing face-to-face interactions.

In May, HUD’s Office of Multifamily Housing Programs, which oversees contracts with private owners of HUD-assisted properties, made a fifth and sixth update to its “Questions and Answers for Office of Multifamily Housing Stakeholders: Coronavirus (COVID-19).” HUD has been using this document to address the concerns of owners, staff, and residents during the pandemic.

In April, HUD observed Fair Housing Month by initiating a campaign against sexual harassment. This year's theme focused on protecting individuals from harassment by property owners, managers, maintenance workers, or other residents, and helped educate the public about what behaviors and actions constitute sexual harassment and resources HUD offers to those who experience harassment.

HUD recently published the income limits for HUD programs. These new income limits are effective as of April 1, 2020. HUD sets income limits that determine eligibility for assisted housing programs including:

On March 18, HUD’s Office of Multifamily Housing held a national conference call updating stakeholders on their COVID-19 response and operations. HUD staff who spoke on the conference call included Deputy Assistant Secretary Lamar Seats, Assistant Deputy Assistant Secretary Jeff Little, Deputy Director of the Office of Multifamily Production Tom Bernaciak, Director of Office of Asset Management Toby Halliday, and Senior Advisor Robert Iber.

In line with its ongoing process of increasing quality control procedures on REAC inspections, HUD recently implemented a new Quality Assurance Inspection (QAI) process, which may be done within five days of the REAC inspection. Generally, within two business days of the contract inspection, a federal inspector may assess the certified inspector’s performance using the same inspection protocol and same sample used by the certified inspector.

HUD recently issued new guidelines relating to assistance animals under the Fair Housing Act (FHA). Notice FHEO-2020-01, referred to as the “Assistance Animals Notice,” replaces prior HUD guidelines from 2013 and can be found at www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf.

A few months ago, HUD and its Office of Inspector General (OIG) issued a report identifying the top management challenges facing the Department in 2020 and beyond. One of the broad categories identified was ensuring the availability of affordable housing that’s decent, safe, sanitary, and in good repair. Within this category, HUD says its most noteworthy safe housing challenges include addressing lead paint hazards and hazardous waste in public housing.

HUD is in the process of overhauling its Real Estate Assessment Center (REAC) physical inspection protocol. Last year, HUD drastically reduced the notice it would give managers of public and subsidized rental housing before REAC inspections to 14 calendar days. And HUD will eventually replace REAC inspections with a new physical inspection protocol known as the National Standards for the Physical Inspection of Real Estate (NSPIRE), which will feature new standards, protocols, and processes that will apply to HUD’s public housing, HUD-assisted, and FHA-insured multifamily sites.

Applicant and tenant file records are important pieces of source documentation that’s used as evidence to support determinations and conclusions in all areas of occupancy. It’s important for a manager to ensure that all tenant application and occupancy files are maintained in accordance HUD rules and with an owner’s standard operating procedures. These files are subject to inspection by HUD to assure compliance with funding requirements and fair housing regulations.