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R&C Housing Notices

267th Edition: 2/3/2020-2/7/2020

News of Note

HUD Issues Revised Environmental Review Guidance and Relocation Tracking Guide for RAD Conversions
On February 6, HUD released revised guidance on environmental review requirements for RAD conversions. In accordance with RAD Revision 4, the guidance requires PHAs to test for and remedy radon-related health hazards prior to conversion and implements streamlined review processes for non-rehabilitation, PBRA, and FHA-insured conversions. HUD also provided a new resident relocation tracking log that may help PHAs or project owners maintain compliance with residents' right of return throughout the RAD conversion.
OIG Advocates for Swift Receivership Referrals of Troubled PHAs

HUD OIG's Office of Evaluation recently issued "HUD Has Not Referred Troubled PHAs as the Law and Regulations Require," a report admonishing PIH's Office of Field Operations for perceived failures to timely refer troubled PHAs for administrative receivership. At issue is a dispute over when the two-year maximum recovery period commences and whether PIH proactively pursues all available remedies, including receivership. PIH disagreed with a number of the report recommendations, leading to at least a 90-day period during which OIG and PIH will work to resolve their differences; but troubled PHAs should prepare for accelerated enforcement.

IRS Publishes Revenue Ruling on Calculating Income Limits for the LIHTC Average Income Test

On January 30, the IRS published a revenue ruling to assist taxpayers with calculating eligible income limits under the average-income set-aside test for the LIHTC program. The IRS confirmed that it will use HUD's Section 8 very low-income limits as the basis for calculating LIHTC income limits under the average-income set aside.

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.

Lisa will 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 on March 24. 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.

Housing Notices

IRS Modifies Form 1023 Application for Recognition of 501(c)(3) Exemption Instructions

Effective January 31, the IRS will require applications for recognition of exemption under Section 501(c)(3) of the IRC through Form 1023 to be completed online. In updated instructions, the IRS established a 90-day grace period from the January 31 effective date for applications submitted via paper form. Visit the IRS tax exempt webpage for more details.

USDA RHS Publishes Guidance on Section 504 Accessibility Compliance

On January 10, the USDA Rural Housing Service published a letter clarifying guidance for complying with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination by exclusion of any person with a disability from a federally assisted program or activity. The letter describes the process for borrowers to conduct a self-evaluation and, if necessary, a transition plan to make sure USDA funded projects are designed and constructed in a manner that is readily accessible to and usable by persons with disabilities.

Federal Register Notices

Executive Order Establishes Multi-Agency Working Group to Expand Housing for Human Trafficking Victims
February 5, 2020
85 FR 6721

The Executive Office of the President charges the Secretaries of Health and Human Services and HUD with establishing a working group to expand strategies for expanding housing options for human trafficking victims.
PDF | Text

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