News

HUD Adds Income Exclusion for Veterans Disability for HUD-VASH Participants - IRS Adopts for LIHTC

The Department of Housing and Urban Development (HUD) published a Notice in the August 13, 2024, Federal Register announcing policy changes to the Veterans Affairs Supportive Housing (VASH) program to improve access for veterans experiencing homelessness. Homeless veterans often receive disability benefits as a result of disabilities that were acquired or made worse during military service. Before this change, such benefits were considered income for HUD programs, causing some veterans to exceed the income limits for specific assisted housing programs. HUD is expanding access to these programs by adding five new policies to the HUD-VASH program: Initial income eligibility will now be set at 80% of the area median income rather than 50% as in the past. While this higher limit has been optional for agencies participating in the HUD-VASH program, it is now mandatory. Service-connected disability benefits are now excluded from income. Presently, this income is excluded only from the HUD-VASH program but is likely to be adopted by other housing subsidy programs (as discussed below, the IRS has adopted it for the LIHTC program). Local agencies will no longer have to compete for HUD-VASH project-based awards if all units in a project serve HUD-VASH families at a VA facility. Up to 140 percent of the Fair Market Rent may be allowed as a reasonable accommodation for a person with a disability, but only with HUD approval. PHAs may establish a zero minimum rent policy for HUD-VASH units. IRS Revenue Procedure Adopts Income Exclusion for the LIHTC Program On September 24, 2024, the IRS issued Revenue Procedure 2024-38, providing the same income exclusion for LIHTC and Tax-Exempt Bond properties. It should be noted that the exclusion only applies to tenants receiving assistance under the HUD-VASH program. It does not apply to LIHTC or tax-exempt bond residents who do not receive assistance under the HUD-VASH program. Operators of LIHTC or Tax-Exempt Bond properties should also note that the programs' income limits have not changed, so a HUD-VASH recipient may not income qualify for the LIHTC or Tax-Exempt Bond Program if they qualify at the new 80% HUD limit. Effective immediately, all projects with tenants assisted by the HUD-VASH program will exclude the total amount of any VA disability benefits received by those applicants or residents. Managers of LIHTC or Tax-Exempt Bond properties serving tenants with vouchers should request information from local PHAs regarding whether the vouchers are being provided under the HUD-VASH program. If so, any VA disability income should be excluded.

HUD Extends HOTMA Implementation Date

On September 24, 2024, the HUD Office of Multifamily Housing (MFH) published Housing Notice H 2024-09, extending the date that Owners must fully comply with the HOTMA final regulations to July 1, 2025. MFH will soon release a series of FAQs to address questions relating to HOTMA implementation thoroughly. HUD is developing and publishing a series of forms, including the 50059 and Model Leases, to reflect HOTMA requirements. These forms will be available for public comment before they are finalized for use.

Determining the Cutoff Date for HUD Required Annual Reexaminations

In dealing with clients on HUD-assisted properties that require annual reexaminations, we still find some confusion among managers relative to the cutoff date by which residents must report for the yearly reexamination interview. Managers of HUD-assisted properties understand that the annual recertification process must begin at most 120 days before the annual reexamination anniversary date. Once managers have distributed the three required recertification reminder notices for the annual reexamination notice, HUD expects Section 8 residents to promptly report for the recertification interview, sign the required paperwork, and provide necessary documentation relating to income and assets. Assuming the resident reports for the annual interview before the cutoff date, the manager must complete the recertification with enough time to provide 30 days' notice of any resulting rent increase. It's crucial to note that if the resident misses the cutoff date, they lose the privilege of a 30-day notice of a rent increase. This underscores the significance of adhering to the timeline and the potential impact on Section 8 residents. The Cutoff Date HUD defines the cutoff date as the tenth day of the 11th month before the annual reexamination date. This cutoff date must be included in the initial 120-day notice to the resident and in the 90 and 60-day reminder notices. Here are two simple methods for remembering the cutoff date. The first method involves starting with the month of the last annual reexamination and adding 11. The result is the 10th day of the 11th month. The second method is to count two months back from the annual recertification month, and the result is again the 10th day of that month. Using the first method, if the last annual reexamination was November 1, 2023, count forward 11 months, including November. The 11th month is September 2024, so the cutoff date for the November 1, 2024 reexamination is September 11, 2024. If using the second method, count two months back from November (not including November), and the cutoff date remains September 21, 2024. To avoid the counting requirement, I recommend that managers keep a chart showing the cutoff date for each recertification month. Here is an example of such a chart: Recertification Month            Cutoff Date January 1                                      November 10 February 1                                    December 10 March 1                                        January 10 April 1                                          February 10 May 1                                            March 10 June 1                                           April 10 July 1                                            May 10 August 1                                       June 10 September 1                                 July 10 October 1                                     August 10 November 1                                  September 10 December 1                                  October 10

A. J. Johnson Partners with Mid-Atlantic AHMA for Affordable Housing Training in October 2024

In October 2024, A. J. Johnson will partner with the MidAtlantic Affordable Housing Management Association for a live webinar training session for real estate professionals, especially those in the affordable multifamily housing field. The following session will be presented: October 16: Ensuring Section 42 Compliance on December 31, Including Average Income Issues. Experienced LIHTC managers and compliance professionals know the importance of the last day of the tax year (typically December 31). This session will focus on all the issues to be aware of as the year draws to a close, with recommendations on ensuring compliance at year-end and the ramifications of noncompliance. The discussion will center on the three primary compliance areas impacting the ability to claim credits - eligibility, affordability, and habitability. The training will stress the importance of year-round compliance relative to rent since excess rent can result in a credit loss at any point in the year. Special attention will be given to year-end issues relating to the Average Income Minimum set aside. The session will close with a review of casualty loss issues and how these events may (or may not) impact the credits. This session is part of a year-long collaboration between A. J. Johnson and MidAtlantic AHMA designed to provide affordable housing professionals with the knowledge needed to effectively manage the complex requirements of the various agencies overseeing these programs. Persons interested in this session may register by visiting either www.ajjcs.net or https://www.mid-atlanticahma.org.

Rural Development Provides Comprehensive Information Regarding HOTMA Implementation

On September 4, 2024, the Rural Housing Service (RHS) Office of Multifamily Housing (MFH) published an Unnumbered Letter (UL) notifying MFH staff of the anticipated timeline for implementing the requirements of the Housing Opportunity Through Modernization Act (HOTMA). The HOTMA changes that impact the determination of income affect the RHS Multifamily Housing portfolio. On March 4, 2024, the Rural Housing Service (RHS) issued a UL notifying multifamily housing staff and stakeholders of RD s exceptions for HOTMA implementation. The purpose of the September 4 UL is to provide additional guidance and timeframes on implementing changes related to HOTMA. These changes will be in effect for RD projects on January 1, 2025. However, RD will take certain actions before January 1, 2025, as follows. September 2024: RD will provide updated Management Interactive Network Connection (MINC)/Industry Interface specifications for software providers. These new specs will be posted to the MINC home page. October 2024: RD will publish updated Form RD 3560-8 Tenant Certification. The revised form will allow for changes to asset calculations, adjusted income (deductions), and additional options for gender and will include an updated Form Manual Insert (Instructions). The revised form must be used for all tenant certifications with an effective date of January 1, 2025, or later. The current Form 3560-8 will be used for certifications until January 1, 2025. RD will also publish Handbook, HB-2-3560 updates to reflect HOTMA changes in October. January 2025: Multifamily Information Systems (MFS) and MINC systems will be updated to account for the asset and deduction changes correctly. All tenant certifications effective January 1, 2025, and later must implement:New income from asset calculations.The dependent deduction will follow HUD s annually published deduction. For calendar year 2025, this amount remains $480 per dependent.The elderly deduction will follow HUD s annually published deduction. For calendar year 2025, this will increase from $400 to $525 per household.For new move-ins, medical expenses exceeding 10 percent of the household s annual income can be deducted from annual income. Before HOTMA, the threshold was three percent of the family s annual income.For existing residents completing their annual recertification:Phased-in Relief: Households that qualified for the three percent deduction threshold based on their most recent income certification before January 1, 2025, will begin receiving the 24-month phased-in relief at their next annual recertification, which occurs on or after January 1, 2025.Households who received phased-in relief will have eligible expenses deducted that exceed 5 percent of annual income for 12 months.Twelve months after the five percent phase-in began, households will have eligible expenses deducted that exceed 7.5 percent of annual income for the immediately following 12 months.After the household has completed the 24-month phase-in at the lower thresholds described above, the family will remain at the ten percent threshold unless the family qualifies for relief under the general hardship relief provision.If a family moves from one RD property to another RD property, the phased-in relief may continue. Owners must establish their own policy if they choose to continue the phased-in hardship relief for households who were eligible for relief as of January 1, 2025, and who are treated as new admissions at their property.A current checking account statement will be sufficient to verify a checking account balance. HOTMA eliminated the requirement to use a six-month average balance for checking accounts.The actual amount of child support/alimony received by a household will be included in income. The court ordered amount will no longer be considered.Annual income exclusions have been updated, which include, but are not limited to, changes related to student financial aid, non-recurring income, payments from trusts, and non-cash contributions.HOTMA updates the definition of net family assets, including:Changes to what is excluded when considering net family assets andDifferentiates between necessary personal property and non-necessary personal property. HOTMA changes the calculation of income from assets:The threshold for calculating imputed income from assets increases from $5,000 to $50,000. When assets exceed $50,000, imputed income must be calculated but only on assets where no actual income can be computed. If the actual income can be computed for some assets but not all assets, determine the actual income for those asset, then calculate the imputed income for all remaining assets where the actual income cannot be determined, and combine both amounts for total income from assets. HOTMA allows several thresholds to be adjusted annually for inflation. For calendar year 2025, the threshold for calculating imputed income for net family assets is increasing to $51,600, and the imputed rate is rising to 0.45%. RD will not penalize owners for HOTMA-related tenant file deficiencies during supervisory reviews before January 1, 2025. Examples where owners will not be penalized include: Passbook Savings Rate Change: RD implemented the 0.4% imputed rate on January 1, 2024. HUD and other agencies have allowed owners to delay this change until January 1, 2025. For tenants with assets over $5,000, this has most likely caused a difference in annual income calculations. This will not be cited until January 1, 2025. The UL also provides clarifying information on some other HOTMA-related issues. Among the most critical clarifications are: While only some parts of HOTMA will be implemented by RD, all HOTMA required changes regarding income inclusion and exclusion, and the methodology for determining adjusted income will be followed. These include earned income, foster adult, foster child, health and medical care expenses, net family assets, and unearned income. RD will not implement the following HOTMA provisions:Streamlined determination of income.Use of "Safe-Harbor" income verification. This is income verification from other federal means-tested programs to verify gross annual income.HUD s de minimis error provisions. Any error in income determination on an RD property must be corrected.RD will not implement the $100,000 asset limitation for tenant or rental assistance eligibility.RD will not implement the HUD interim reexamination regulations. RD projects still require that tenant households be recertified whenever a change in household income of $100 or more per month occurs. Recertifications must also be performed for changes of $50 per month if a tenant requests. RD will not accept self-certification of assets by households. All assets must be verified. RD has adopted the HUD HOTMA rule regarding the definition of necessary and non-necessary personal property. As with HUD, if the total value of all non-necessary personal property does not exceed $50,000, such property will be excluded from net family assets. RD is permitting the Childcare Hardship Exemption. A household whose eligibility for the childcare expense deduction is ending may request/receive a hardship exemption to continue receiving a childcare expense deduction in certain circumstances when the household no longer has a member working, looking for work, or seeking to further their education. The deduction is necessary because the household is unable to pay their rent. The hardship exemption and the resulting alternative adjusted income calculation must remain in place for up to 90 days. Unborn children are not eligible for the dependent deduction. While HUD permits unborn children to be counted for income eligibility purposes, RD does not. However, unborn children may be counted to determine the appropriate unit size. RD is not implementing the HUD Hierarchy of Verification of Income but does plan to provide guidance in the Handbook on acceptable forms of verification. There are some forms of tenant-provided information that may be acceptable and preferred over third-party verification forms, such as Social Security award letters, pay stubs, bank statements, etc. RD does not require an update to Tenant Selection Plans, but such plans should be updated if the current policy contains verbiage contradictory to any HOTMA updates. All owners and Managers of RD properties should review the UL and be prepared to implement all the RD-mandated changes on January 1, 2025.

Rural Development Provides Timeline for HOTMA Implementation

On September 4, 2024, the Rural Housing Service (RHS) Office of Multifamily Housing (MFH) published an Unnumbered Letter (UL) notifying MFH staff of the anticipated timeline for implementing the requirements of the Housing Opportunity Through Modernization Act (HOTMA). The HOTMA changes that impact the determination of income affect the RHS Multifamily Housing portfolio. RHS will implement HOTMA on January 1, 2025. The implementation timeline includes updates for software providers, publication of updated forms, and system updates by January 1, 2025. Changes due to HOTMA involve new income calculations, adjustments to deductions, relief based on income thresholds, and changes in verification processes. Asset and income changes cover imputed income calculations for personal property assets, consideration of actual and imputed income from assets, and inclusion of real property as a net family asset. Exclusions and exceptions mention retirement accounts excluded from net family assets and specific HUD regulations not implemented by RD. Childcare hardship exemption permits households to continue receiving childcare expense deductions under specific circumstances for up to 90 days. The UL provides guidance on the changes in tenant income and asset calculations due to HOTMA, a timeline for upcoming changes related to HOTMA, exceptions for implementation, and details on the delayed implementation until January 1, 2025. It also outlines specific updates, such as new income calculations, deductions, relief mechanisms, verification processes, and changes in asset calculations. Additionally, it clarifies the sections of HOTMA that will and will not be implemented by RD and provides details on training for staff and property managers. All operators of RD rental housing should obtain a copy of the UL and review it carefully for requirements that will be in place in less than four months. Within the next few days, I will post an article on the AJJCS website providing details on the UL.

Rural Development Implements Administration's Tenant Rights Protections

The Rural Housing Service has finalized several protections mandated by the Biden Administration. A final rule has been published in the Federal Register (Volume 89, No. 58, March 25, 2024) requiring landlords of Rural Housing assisted properties to issue a 30-day written notice to tenants before lease termination or eviction. These 30-day notices must include instructions on how tenants can resolve lease violations and avoid eviction. It must also include information on RD resources that can help tenants stay in their homes. In addition to the final rule, RD has also finalized and released "Tenant Grievance Procedures - Frequently Asked Questions (FAQ)" and a "Tenant Rights and Responsibilities Brochure." The Grievance Procedure FAQ helps ensure renters and applicants know their existing rights and protections under the grievance process. The document provides tenants with an overview of the grievance process. The Tenant Rights & Responsibilities Brochure covers tenant responsibilities to the property, fellow tenants, the owner, and property management. It includes a list of helpful online resources and highlights tenant rights related to: Property Maintenance Written & timely notices Tenant leases Income recertifications VAWA provisions Nondiscriminatory treatment The right to file a grievance or complaint Landlords should attach a copy of the Grievance Procedure FAQ as an addendum to their posted grievance process in all common areas visible to residents and visitors. The Tenant Rights and Responsibilities Brochure must be placed in common areas visible to residents and visitors at RD multifamily housing properties. Both documents must be provided at the time of application, lease signing, or move-in. Managers should note that these documents do not have to be provided at all three points in time only at one of them. If not done already, owners and managers of Rural Development multifamily properties should review the Federal Register final rule and obtain and distribute copies of the FAQ and Tenant Rights and Responsibilities Brochure.

HUD Issues 2025 Inflationary Adjustments and New Imputed Rate

HUD's 2025 Inflationary Adjustments and Passbook Savings Rate: Key Updates for Housing Professionals HUD recently released its annual inflationary adjustments for 2025, which impact various tasks such as income certifications and asset level determinations under the Housing Opportunity Through Modernization Act (HOTMA). These updates are crucial for housing professionals working in Multifamily, public, and Indian Housing programs, ensuring that household income calculations align with current economic conditions. Many of the changes will also impact the LIHTC program. Annual Adjustment Process HUD calculates the inflation factor each year before September 1 and posts the revised inflation-adjusted values effective for the upcoming calendar year. The revised amounts become effective on January 1. Additionally, HUD publishes the updated passbook savings rate, which is used to calculate imputed asset income based on data from the Federal Deposit Insurance Corporation (FDIC). 2025 Inflationary Adjustments The inflation-adjusted thresholds apply to various aspects of HUD s housing programs. Below are the key figures that will take effect on January 1, 2025: 1. Eligibility Restriction on Net Family Assets 2024 Threshold: $100,000 2025 Threshold: $103,200 Implication: In 2025, families with net assets exceeding $103,200 are ineligible for assistance under the Public Housing or Housing Choice Voucher programs. This threshold ensures that assistance is directed toward families with the greatest need. 2. Imputed Income from Assets Threshold 2024 Threshold: $50,000 2025 Threshold: $51,600 Implication: In 2025, if a family's net assets exceed $51,600 and it is impossible to calculate the actual return on an asset, imputed income must be computed using HUD s current passbook savings rate. Imputed income is not determined for assets below this threshold. 3. Non-Necessary Personal Property Threshold 2024 Threshold: $50,000 2025 Threshold: $51,600 Implication: In 2025, the combined value of non-essential personal property up to $51,600 is excluded from net family assets. Items like vintage collectibles and recreational boats are considered under this category. 4. Self-Certification of Assets Threshold 2024 Threshold: $50,000 2025 Threshold: $51,600 Implication: In 2025, PHAs and Multifamily owners may accept a family's self-certification that their assets do not exceed $51,600, simplifying the verification process. However, complete verification is required every three years. Unchanged Thresholds for 2025 Certain thresholds remain unchanged for 2025, ensuring consistency in specific deductions and exclusions: Mandatory Deduction for Elderly and Disabled Families: Remains at $525. Mandatory Deduction for a Dependent: Remains at $480. Income Exclusion for Earned Income of Dependent Full-Time Students: The deduction remains at $480 per dependent. Income Exclusion for Adoption Assistance Payments: The deduction remains at $480 per child. Passbook Savings Rate Update Alongside the inflationary adjustments, HUD has updated the passbook savings rate, which is essential for income certifications involving assets exceeding $51,600. The new passbook rate for 2025 has been set at 0.45%, up from 0.4% in 2024. This rate calculates imputed income from assets where actual returns cannot be determined. To ensure timely implementation, HUD calculates the passbook rate in July each year using FDIC data from the second quarter (April, May, and June). The updated rate becomes effective for all reexaminations on January 1. Conclusion These annual adjustments and updates are crucial for housing professionals to maintain compliance with HUD regulations. By aligning asset and income calculations with current economic conditions, HUD ensures that housing assistance remains fair and equitable. As these changes take effect on January 1, 2025, housing professionals should update their procedures to reflect the new thresholds and passbook rate, ensuring accurate and compliant income certifications for the upcoming year.