May 9, 2024

New HOME and NHTF Income Limits Are Out!

HUD has released the new 2024 HOME and NHTF income limits which are effective June 1, 2024. Projects with HOME and OHTF units must use the HOME income and rent limits. Projects with NHTF units must use the NHTF income and rent limits. Owners/Management agents should continue to use the 2023 rent limits until this year’s rent limits become effective.

Note: HUD Multifamily and Multifamily Tax Subsidy Projects (MTSP) limits are not covered by the new HOME and NHTF limits. These limits were announced in OHFA’s April industry Message and can be found here. OHFA has posted the 2024 MTSP rent limits based on the 50% and 60% area median income (AMI) for all 88 counties in Ohio by June 1, 2024. The rent limits are found here.

Be Prepared: OHFA's Annual HOME/NHTF Rent and Occupancy Report is Due July 1, 2024!

HUD's 2024 Home and NHTF income limits have been published and are effective June 1, 2024. Owner/Management agents of projects with HOME and/or NHTF-assisted units are required to submit OHFA's HOME/NHTF Rent and Occupancy Report 30 days after the effective date of the new HOME/NHTF income limits or by July 1st. Additionally, NHTF and HOME regulations, 24 CFR § 93.204(b)(4) and §92.214(b)(3), require that OHFA approve fees charged by the Owner/Management agent. As a reminder, any fees charged to tenants should not create an undue burden on tenants and charges be reasonable and customary for the geographic area. OHFA considers the following charges as customary:

• Application fees
• Late fees
• Fees for insufficient funds
• Lost key/lockout fees
• Pet fees (limited to $30/month total, not per pet)
• Parking in neighborhoods where such fees are customary/garage fees
• Credit card processing fees
• Cost of non-mandatory services such as meal or bus service so long as such services are voluntary

Customary charges are limited to “actual cost.”

Please ensure you read all instructions on the Report before completing it. 

Note: A new lease will only need to be submitted if there were any changes made from last year's lease. Submit the Report and required information by emailing it to HOMERA@ohiohome.org. 

New Affordable Housing Program Resource Manual

OHFA in conjunction with Costello Compliance has developed a new resource for our partners. The Affordable Housing Program Resource Manual is a multiple programs guide that provides a side-by-side summary of specific housing provisions with HOTMA updates. Be sure to check it out! 

Additionally last month, OHFA published a HOTMA Crosswalk to help industry partners navigate all the specific HOTMA changes. Click here for a downloadable version. 

New HOTMA Decision Chart on Income

OHFA has published a new decision chart on how to determine income from assets. This easy-to-follow chart will help you understand when to impute assets and what annual income includes.

*Used by permission of US Housing Consultants

OHFA Guidance on NSPIRE Changes to Smoke Detectors

Owners/Management agents are reminded there is a new federal mandate on smoke detectors that must be implemented by December 29, 2024. All smoke detectors will be required to be hardwired OR of the sealed 10-year-battery type. Further information may be found here:

• Public and Federally Assisted Housing Fire Safety Act of 2022
• NSPIRE Standard - Smoke Alarm

On May 11, 2023, HUD published a Final Notice on NSPIRE that indicated which programs were changing to NSPIRE protocols.

• This includes but is not limited to: HOME, NHTF, Project-based Section 8, Section 202/811, Public Housing , Housing Choice Vouchers, and LIHTC through 24 CFR 5.703.

It should be noted that HUD does not have the authority to create rules that apply to the United States Treasury’s IRS and therefore cannot apply this smoke detector rule to LIHTC generally. However, HUD can apply this rule whenever an LIHTC project also receives some form of HUD assistance. 

Therefore, HFAs must determine whether buildings/units satisfy the uniform physical condition standards for public housing established by HUD through 24 CFR 5.703. OHFA will at its discretion determine which standards to follow until the IRS provides guidance on this rule. Since OHFA will adopt NSPIRE standards, which is consistent with the direction of other HFAs across the country, 24 CFR 5.703 is now NSPIRE. Owners of LIHTC projects (with or without HUD assistance) are required to comply with this smoke detector rule. 

Note: OHFA auditors will not remove a functioning detector to see if it is of the sealed lithium-battery type for audits occurring on or after December 29, 2024. For this reason alone, it may be beneficial for owners/management agents to use detectors that are clearly marked that they are of the sealed lithium-battery type. OHFA also recommends Owners/Management agents keep a tracking log for each unit as to when compliant smoke detectors are installed. This will remove any questions or concerns the auditors may have. 

Questions regarding this matter should be directed to the Compliance, DevCo and OHFA Inspection Help Desk.

Reporting Code Violations

As a friendly reminder to project Owners/Management agents, all code violations issued by local/municipal code enforcement agencies are to be reported as a part of the Annual Owner Certification (AOC) submission process. Failure to report code violations at AOC submission is grounds for noncompliance with the LIHTC program and OHFA guidelines. OHFA and its Compliance Office is conducting more research on code violations so additional guidance may be issued in the future.

811 Form Changes

With the rollout of 811 file audits underway, several new forms are being added to the website, including required HUD forms. Please keep an eye out for changes and updates, and email Caitlin Milsted, 811 Compliance Auditor, at cmilsted@ohiohome.org with any questions or concerns.

Stay Informed! 

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