Compliance Update | November 2021
HUD Interim Final Rule

HUD published an Interim Final Rule titled Extension of Time and Required Disclosures for Notification of Nonpayment of Rent. HUD is taking public comments until Nov. 8, 2021.

The rule, as it is now, without comments, prohibits the eviction of residents facing eviction for nonpayment of rent without providing a 30-day notice period that includes information about available federal emergency rental assistance. This interim final rule (effective Nov. 8, 2021) applies to:
  • Public housing
  • Properties with project-based rental assistance (PBRA)
  • Section 8
  • Section 8 Moderate Rehabilitation
  • Section 202/162 Project Assistance Contract
  • Section 202 Project Rental Assistance Contract (PRAC)
  • Section 811 PRAC
  • Section 236.

Separately, HUD has published a HSG Notice that explains this new rule’s authority and requires owner/agents to provide information regarding the Emergency Rental Assistance Program. See HSG Notice 2021-06: Supplemental Guidance to the Interim Final Rule "Extension of Time and Required Disclosures for Notification of Nonpayment of Rent"

In Summary, HUD plans to exercise their right to:
  • Expand the notice a covered landlord must give before such a tenant must vacate a unit from 14 days to 30 days;
  • Require landlords to provide information to the tenant regarding federal emergency rental relief along with the eviction notice; and
  • Require landlords to provide notice to all residents in public housing of the availability of emergency rental assistance.

KHRC’s Kansas Emergency Rental Assistance (KERA) has a Tenant Flyer that Owner/Agents can include with their tenant Notification of Nonpayment of Rent letter.
PBCA Finance Division Mini-Series Trainings

Thank you to those who participated in the September Special Claims training! The team will be giving a presentation on Rent Adjustments on Thursday, Nov. 18 from 10:00 - 11:30 a.m. 
HUD CSP Round IV documents
HUD’s COVID-19 Supplemental Payment (CSP) Round IV FAQs and DRAFT Request Form are Available as of Oct. 12, 2021.

  • The draft version of the HUD 52671-E CSP Request is now available and includes a built-in “Minimum Expected Funding” calculator. Do not use the draft form for submission. It is available so owner/agents can begin to prepare and gather necessary information to complete the finalized form when the finalized form is published.

  • Owner/agents can request reimbursement for allowable COVID-19 related expenses through Oct. 31, 2021—KHRC expects to see a finalized version of the form posted on HUDClips by the end of the October.

  • KHRC’s Director of Contract Administration, Jacqueline Rathbun, will give a presentation on Tuesday, Nov. 9 from 10:00 - 11:00 a.m. CST. No need to register, join the presentation at the listed training time.

  • Owner/agents have until Nov. 19, 2021 to submit requests to HUD or the assigned Contract Administrator as appropriate. 
Resource Updates
Coming Soon: Watch for the 2021 LIHTC Annual Report Notice and compliance fee invoice to be uploaded to the property’s work center in December. Both the report and fee are due Mar. 15, 2022.

Security Administration announced the Cost of Living Adjustment (COLA) for 2022. Benefits will increase 5.9 percent in 2022.

FY 2022 Fair Market Rates (FMRs) went into effect Friday, Oct. 1, 2021.

FY 2022 Utility Allowance Factors (UAF) was released on Oct. 19, 2021. This new factor will be applicable to utility allowance adjustments made Feb 11, 2022,or later.
Updated LIHTC Compliance Policies and Procedures were released on Oct. 1. Access the updated copy on our website!

On Oct. 4, 2021, HUD published a notice establishing the operating cost adjustment factors (OCAFs) for 2022 for Section 8 project-based assistance contracts renewed under Section 515 or Section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997. The OCAFs are applicable to eligible projects having an anniversary date of Feb. 11, 2022, or later.

HUD’s Multifamily Housing COVID-19 Q&A was last updated on Aug. 9, 2021.