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R&C Housing Notices

266th Edition: 1/27/2020-1/31/2020

News of Note

HUD Issues New FHEO Guidance on Service Animal Reasonable Accommodation Assessments
On January 28, HUD issued FHEO Notice: FHEO-2020-01 (the "New Guidance") entitled "Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act" replacing FHEO Notice: FHEO-2013-01 entitled "Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs."

The New Guidance provides "a set of best practices for complying with the [Fair Housing Act] when assessing requests for reasonable accommodations to keep animals in housing."

HUD Secretary Ben Carson Announces Affordable Housing National Bus Tour

On January 29, HUD Secretary Ben Carson launched his nationwide "Driving Affordable Housing Across America Bus Tour" in Louisville, Kentucky. Continuing through June of this year, the tour will highlight best practices in localities facing housing affordability issues. In his capacity as chair of the White House Council on Eliminating Regulatory Barriers to Affordable Housing, Carson's tour aims to showcase how deregulation can address supply shortcomings for affordable housing today.

Supreme Court Suspends "Public Charge" Injunction

In a 5-4 vote on January 27, the Supreme Court stayed all national injunctions (barring that in the State of Illinois) against the Department of Homeland Security's controversial "Inadmissibility on Public Charge Grounds" rule. The Public Charge rule states that individuals seeking permanent resident status or admission to the United States may be inadmissible if they are recipients of certain public welfare programs such as Medicaid, SNAP, or Section 8 housing benefits. Since its effective date of October 15, 2019, various advocacy groups in Maine, Oregon, Pennsylvania, Washington, New York, and the District of Columbia have sought injunctive relief claiming the rule violates the Constitution, the Administrative Procedure Act, and immigration laws. Expressing concern over an increase in universal injunctive relief and court interference with policymaking, Justice Neil Gorsuch issued a concurring opinion. The Public Charge rule will now go into effect on February 24, 2020.

Upcoming Events

Lisa Tunick to Speak on Medical Marijuana and HUD Contracting Pitfalls at LeadingAge Events
February 19, 2020, 9AM EST and March 24, 2020 respectively

R&C Member Lisa Tunick will present on "Medical Marijuana and Affordable Senior Housing" at a LeadingAge Maryland and Ohio's Housing Happenings Webinar for service coordinators, property managers, and all professionals working with older adults in housing. The webinar is scheduled for February 19 at 9AM EST. Click here for more information.

On March 24, Lisa will also present on "HUD Contracts and Pitfalls for Owners/Managers" at LeadingAge Georgia and South Carolina's 2020 Joint Annual Conference on Aging & Trade Show in Greenville, SC. Access more information on the conference here.

Sarah Molseed to Speak on 2020 RAD Updates at ABA Teleconference
February 26, 2020, 1PM EST

R&C Member Sarah Molseed will discuss 2020 updates to the RAD program including REV-4, RAD for PRAC, and others at the ABA Forum on Affordable Housing and Community Development Teleconference. Register for the teleconference here.

Felicia Hulit to Speak at Eastern Lenders Association Annual Conference
March 11-13, 2020

R&C Member Felicia Hulit will speak on "Chapter 9 Environmental Updates" at the 2020 Eastern Lenders Association (ELA) Annual Conference in Baltimore, MD. Register for the conference here.

Federal Register Notices

OMB Proposes Revisions to Guidance for Grants and Agreements

Proposed Rule

January 23, 2020
85 FR 3766

In an effort to modernize compliance due diligence, OMB seeks to standardize grants management processes and data analytics to better align them with the President's management and administrative priorities.
PDF | Text

HUD Allocates CDBG-DR Funds and CDBG-MIT Funds for Puerto Rico and Clarifies Common Applications, Waivers, and Alternative Requirements for Recipients and Administrators


January 27, 2020
85 FR 4681 and 85 FR 4676

On February 3, 2020, HUD will allocate $3.831 billion in Community Development Block Grant disaster recovery (CDBG-DR) funds to aid long-term recovery efforts from major disasters that occurred in 2017-2019. HUD's notice clarifies special requirements and waivers included in prior notices. HUD will also allocate $8.285 billion in Community Development Block Grant mitigation (CDBG-MIT) funds on the same date for Puerto Rico disaster relief from years 2017-2019. This notice outlines additional grant conditions, requiring Puerto Rico to meet drawdown milestones and provide additional documentation evidencing financial management, among others.

Youth Homelessness Demonstration Application

60-Day Notice of Proposed Information Collection

January 28, 2020
85 FR 5013

HUD encourages comment on all aspects of the Youth Homelessness Demonstration Application including all information used to rate applicants, determine their eligibility, and establish grant amounts for awardees. Comments are due March 30, 2020.
PDF | Text

License for the Use of Personally Identifiable Information Protected Under the Privacy Act of 1974

30-Day Notice of Proposed Information Collection

January 28, 2020
85 FR 5229

HUD seeks comment on its previously-approved service agreements with research organizations which permit the agency's distribution of personally identifiable resident information for statistical and policy-relevant research. Comments are due February 28, 2020.
PDF | Text

Disaster Recovery Grant Reporting System

60-Day Notice of Proposed Information Collection

January 28, 2020
85 FR 5015

HUD seeks comment on a proposed extension of its information collection under the Disaster Recovery Grant Reporting (DRGR) System. The agency uses this grant management system to monitor compliance of grantees receiving CDBG, CDBG-DR, and NSP appropriations. Comments are due March 30, 2020.
PDF | Text

Family Report, MTW Family Report, MTW Expansion Family Report

30-Day Notice of Proposed Information Collection; OMB# 2577-0083

January 29, 2020
85 FR 5225

HUD seeks comment on a previously-approved information collection through Form HUD-50058 for resident analysis and inventory management of PHAs participating in the MTW Demonstration program. Comments are due February 28, 2020.
PDF | Text

HUD Seeks Comment on HCV Alternative Inspections

Extension of a Currently Approved Collection

January 31, 2020
85 FR 5684

HUD seeks approval for the extension of information collection for PHAs electing to rely on alternative inspections in order to remain compliant under the Section 8 Housing Choice voucher requirements. Comments are due March 2, 2020.
PDF | Text

Section 202: Supportive Housing for the Elderly - Modification of Applications

Reinstatement, with Change, of a Previously Approved Collection

January 31, 2020
85 FR 5685

HUD seeks to reinstate a previously-approved collection of information consisting of applications for Section 202 Supportive Housing for the Elderly with changes. HUD intends to better align information collection with provisions set forth in the Consolidated Appropriations Act of 2018 and to be in accordance with new capital advancements for project-based assistance contracts. Comments are due March 31, 2020.
PDF | Text

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