Legislative Updates

AHMA-PSW’s Affordable Housing News 04/22/22


Within the last few weeks there have been several updates issued. Below are some highlights that may apply to your organization.
  • FY 2022 HUD Income Limits (effective April 18, 2022) – HUD released the Fiscal Year (FY) 2022 estimated Median Family Incomes (MFIs) and the FY 2022 Income Limits. MFIs are used as the basis for income limits in several HUD programs, including the Public Housing, Section 8 project-based, Section 8 Housing Choice Voucher, Section 202 housing for the elderly, and Section 811 housing for persons with disabilities programs. HUD also released the FY 2022 Multifamily Tax Subsidy Project (MTSP) Income Limits, which are used to determine eligibility for low-income housing tax credit and tax-exempt bond properties. Visit the FY 2022 Income Limits homepage on HUD User to access the query tool, data and documentation.
  • USDA Rural Development (RD) is conducting a management fee survey, and we need your help! – RD’s Multi-Family Housing (MFH) program is required to develop management fees based on a review of housing industry data (per, 7 CFR 3560.102 (i)(2)(i)). Annually, RD determines the maximum fee that can be paid to management companies from Section 515 and Section 514 project income, based on a bundle of services that are required to be performed by the management company. MFH publishes its approved rates each year for each State. This management fee survey is designed to compare the existing base management fee for Rural Development properties using the MFH “Bundle of Services” to those of other affordable multifamily housing properties within the region/State. Completion of this survey, and subsequent review by RD MFH, will not automatically result in an increase in the base management fee. Please use this link to take the survey by May 15, 2022: https://forms.office.com/g/rpHBSytZ1m
  • Environmental Protection Agency (EPA) has issued a letter intended to notify members of an action by the EPA that discusses the compliance responsibilities of certain property management companies under the Toxic Substances Control Act lead-based paint Renovation, Repair and Painting Rule. Click here to access the letter.
  • Federal Communications Commission (FCC) has published a final rule (GN Docket No. 17-142; FCC 22-12; FR ID 76238) seeking to improve competition for communications services in multi-tenant environments. The rules prohibit telecommunications carriers and covered multichannel video programming distributors (MVPDs) from entering into certain revenue sharing agreements with a building owner that keep competitive providers out of buildings. The rules also require providers to inform tenants about the existence of exclusive marketing arrangements in simple, easy-to-understand language that is readily accessible. The final rule also clarifies that existing FCC rules regarding cable inside wiring prohibit so-called sale-and-leaseback arrangements that block competitive access to alternative providers. The FCC’s Final Rule on Improving Competitive Broadband Access to Multiple Tenant Environments is attached and available here.
  • HUD recently issued guidance providing a new Unique Entity Identifier (UEI) TRACS standard that is replacing the DUNS unique number assigned to all entities (public and private companies, individuals, institutions, or organizations) who register to do business with the federal government. The Unique Entity Identifier (UEI) Update Tenant Rental Assistance Certification System guidance is attached and can also be found here.