Legislative Updates

AHMA-PSW’s Affordable Housing News 8/16/18


  • Starting August 30, 2018, businesses, including rental property owners in California with more than 10 employees will be required to replace their existing Prop. 65 hazardous chemical warning signs with new signs that are more specific about the hazardous chemical that may be present in specified areas. These new regulations require new signs in enclosed parking facilities and designated smoking areas. This Q & A provides an overview of Proposition 65 and explains how rental property owners can comply with the new regulations.
  • HUD’s Office of Asset Management and Portfolio Oversight (OAMPO) has issued an August 3, 2018, memorandum addressing current CNA eTool requirements for PRAC properties. The memorandum advises that the requirement found in Housing Notice 2016-18 for PRACs to utilize the CNA eTool has been suspended until further notice. The suspension will last until technological updates can be made that would enable needs assessors to submit the CNA eTool on behalf of PRAC projects. PRAC projects needing to submit a rent increase in the interim are instructed to follow previous guidance in HUD Handbook 4350.1, Chapter 7.
  • HCD just posted an updated list of frequently asked questions about California’s Housing Package and the 15 game-changing laws within it. Find out about:  Homelessness funding for SB 2; New information on SB 35 streamlined housing permits; Requirements for the Housing Element Annual Progress Report; New Housing Element requirements (AB 1397); No-net-loss requirements (SB 166); Housing enforcement activities (AB 72). Also, now posted is an archive of the July 12 webinar on the new SB 35 and Housing Element Open Data Project interactive map, which shows how well cities and counties are doing in addressing local housing needs (and which jurisdictions are subject to streamlined housing development under SB 35) located at HCD’s 2017 Housing Package webpage
  • EIV system data issues as described in RHIIP Listserv Posting #411, dated 7/11/2018, have been resolved. All EIV reports are up to date and the system is fully functional. As of this message, owners/agents who encountered problems must proceed in obtaining and reviewing EIV reports in accordance with Chapter 5 of HUD Handbook 4350.3.
  • The Placed in Service Checklist has been updated to include requirements for projects awarded tax credits in 2016 and 2017. The checklist is applicable to projects with 2015 tax credit awards as well. The checklist has also been updated to eliminate duplicative checklist items, consolidate sections, and clarify requirements. If you are in the process of completing the previous placed in service checklist for a 2015 award, you may continue to use the older version. All 2016 and 2017 awarded projects must use the new placed in service checklist. Please contact staff referenced on the placed in service webpage with any questions.
  • HUD Secretary Ben Carson has announced plans to review the way the Fair Housing Act is currently enforced, particularly in the area of new development. Secretary Carson said the current system of trying to move low income development into high income areas is not working, and proposes instead to tie federal grants to inclusive zoning which will allow more multi family development regardless of location. The Secretary plans to hold stakeholder meetings on this issue.
  • The California Department of Housing and Community Development (HCD) is pleased to announce the Notice of Funding Availability(NOFA) of approximately $190 million in Noncompetitive Allocation funds for the No Place Like Home (NPLH) Program*. NPLH provides deferred payment loans to counties or their Development Sponsors for the development of permanent supportive rental housing for people with serious mental illness, who are homeless, chronically homeless, or at-risk of chronic homelessness. All counties are eligible for NPLH Noncompetitive Allocation funds.
  • The California Department of Housing and Community Development (HCD) is pleased to announce a Notice of Funding Availability(NOFA) for $53 million to help those experiencing homelessness or who are at risk of homelessness. The California Emergency Solutions and Housing (CESH) Program is available to Administrative Entities designated by Continuums of Care.
  • Attention Applicants: If you’re applying for funds under HCD’s HOME Investment Partnerships Program and/or National Housing Trust Fund Program, you’ll want to check out these new worksheets. The Uniform Multifamily Regulations (UMR) Developer Fee Calculator worksheet and Supportive Services Cost form are ready and waiting for you.
  • The Arizona Department of Housing has posted its first draft of the 2019 Qualified Allocation Plan (QAP). Please download the Information Bulletin for additional information.
  • HUD has determined that the Affirmatively Furthering Fair Housing approaches required under law, specifically those implemented in the past three years, are not working. Because of this, HUD is currently proposing new rule-making and is requesting comments on these rules. Although the focus of this rule-making is the AFFH tool which applies to PHAs and CDBG, there may be implications for Multi Family programs is well. The request for comments may be viewed at https://www.federalregister.gov/documents/2018/08/16/2018-17671/affirmatively-furthering-fair-housing-streamlining-and-enhancements?utm_campaign=subscription%20mailing%20list&utm_source=federalregister.gov&utm_medium=email.
  • HUD is currently requesting comments on the Multi Family Financial Reporting Template found in FASSUB.  This comment period is required as HUD is seeking renewal of the information collection from OMB. The request for comments may be viewed athttps://www.federalregister.gov/documents/2018/08/16/2018-17673/60-day-notice-of-proposed-information-collection-multifamily-financial-management-template?utm_campaign=subscription%20mailing%20list&utm_source=federalregister.gov&utm_medium=email.
  • HUD is currently requesting comments on the following forms:  HUD-50059, HUD-50059-A, HUD-9887/9887-A, HUD-27061-H, HUD-90100, HUD-90101, HUD-90102, HUD-90103, HUD-90104, HUD-90105-a, HUD-90105-b, HUD-90105-c, HUD-90105-d, HUD-90106, HUD-91066, HUD-91067, HUD-90011, HUD-90012, Resident Rights and Responsibilities Brochure, EIV and You, and the HUD Fact Sheet For HUD Assisted Residents. This comment period is required as HUD is seeking renewal of the information collection from OMB. The request for comments may be viewed at https://www.federalregister.gov/documents/2018/08/16/2018-17672/60-day-notice-of-proposed-information-collection-owners-certification-with-hud-tenant-eligibility?utm_campaign=subscription%20mailing%20list&utm_source=federalregister.gov&utm_medium=email.