Section 8

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Family Members of Live-in Aides- New HUD Guidance

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In the past, HUD guidance has indicated that family members of live-in aides could not reside with the aide in housing developments assisted under the HUD Multifamily Housing Division. This includes project-based rental assistance programs such as Section 8, as…

Documentation of Child Custody and Support

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One of the most vexing problems faced by managers of affordable housing is how to handle the counting of children when full time residence in a unit is not clear. There are many households with children in shared custody situations.…

HUD Publishes 2018 Income Limits

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On March 30, 2018, HUD published the 2018 income limits for HUD programs as well as for the Low-Income Housing Tax Credit and Tax-Exempt Bond programs. The limits are effective on April 1, 2018. The limits for the LIHTC and…

Additional HUD VAWA Guidance – November 2017

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The Department of Housing & Urban Development (HUD) recently issued clarifying guidance regarding the Violence Against Women Act (VAWA). The guidance addresses the following areas of VAWA: Applicability; Notice of Occupancy Rights & Certification Form; Emergency Transfers; Lease Addendum; Lease…

Required Elements of VAWA Emergency Transfer Plan

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HUD recently published a revised form HUD-5381, “Model Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.” The model contains only general provisions of an Emergency Transfer Plan. Adoption of the model plan without further…

Building a Case Against Unauthorized Occupants

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Dealing with unauthorized occupants is a troublesome issue for many affordable housing managers, but due to the requirements of affordable housing programs such as Section 8 and the Low-Income Housing Tax Credit (LIHTC), knowing who is living in a unit…

Small Area Fair Market Rents (SAFMRs)

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Small Area Fair Market Rents (SAFMRs)   HUD publishes fair market rents for all areas of the nation. Public Housing Agencies (PHAs) use fair market rents as a guideline when determining payment standards for the Housing Choice Voucher (HCV) program.…

VAWA Deadline Reminders

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VAWA Deadline Reminders   As I noted in a prior client memo, HUD has released four Model forms for use on HUD properties to ensure compliance with requirements of the Violence Against Women Act (VAWA). These model forms are Appendix…

HUD Final Rule on VAWA – November 16, 2016

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The U.S. Department of Housing & Urban Development (HUD) final rule regarding the implementation of housing protections authorized in the Violence Against Women Reauthorization Act of 2013 (VAWA) was published in the Federal Register on November 16, 2016.   In…

Assistance to Non-Citizens in the Section 8 Program

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Assistance to Non-Citizens in the Section 8 Program   Section 214 of the Housing & Community Development Act of 1980 prohibited HUD from providing housing assistance to aliens unless they meet certain residency requirements.   In 1996, Congress amended Section…

Compliance with HUD Live-in Aide Rules

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Compliance with HUD Live-in Aide Rules   Allowing a Live-in Aide for a disabled person is both a HUD and fair housing requirement.   The definition of a live-in aide is a person who resides with one or more elderly…

HUD Proposed Rule – Lead Based Paint Hazards

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HUD published a proposed rule in the September 1, 2016 Federal Register titled “Requirements for Notification, Evaluation, & Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property & Housing Receiving Federal Assistance; Response to Elevated Blood Levels.”   The…