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HUD Regulatory Compliance

Keeping up with all the operational regulations that HUD issues can be daunting. But we are here to help. LeadingAge staff tracks and analyzes HUD websites, notices and guidance to help you understand compliance requirements. Following are the most recent notices or policies statements straight from HUD.

We've featured some articles below, but be sure to check out all of our senior housing content.


Featured Content

Utility Analysis -- Latest HUD Guidance and New FAQ

A new FAQ document was released as part of RHIIP Listserv Posting # 338, issued September 9, 2015, and contains responses to 34 questions regarding Housing Notice H-2015-04, Methodology for Completing a Multifamily Housing Utility Analysis that members should find useful.  This, in addition to the earlier notice and a related memorandum are intended, cumulatively, to encourage owner/agents to engage more fully in energy efficiency efforts including data collection and benchmarking.

How Are Members Benefiting from the New Section 8 Renewal Guide?

The Section 8 renewal guide FAQ includes a significant new preservation opportunity  - namely the ability of a non-profit owner to qualify for an Option 1, “Mark-up-to-Market” (“MU2M”) HAP contract under Option 1b. 

Service Coordinator Reports and Forms Updated, Eliminated and Changed

All service coordinators working in U.S. Department of Housing and Urban Development (HUD) multifamily assisted housing serving the elderly and/or people with disabilities must complete and submit the Semi-Annual Performance Report, form HUD-92456.  There are a number of other reports required, as well, several of which have now been updated.Late 2015, HUD received approval from the federal Office of Management and Budget to revise and eliminate some forms used in the Service Coordinator in Multifamily Housing for the Elderly and Disabled program. HUD has developed an informational pdf presentation about the forms changes that can be useful for an abbreviated review of processing and quality assurance as well.

Disparate Impact Rule Assesses Fair Housing Liability Despite Lack of Discriminatory Intent

On Feb. 15, 2013, the U.S. Department of Housing and Urban Development (HUD) issued "Implementation of the Fair Housing Act’s Discriminatory Effects Standard," a regulation that codifies the standard for assessing "disparate impact" liability for practices in sales, rentals, or other housing-related activities. As a result, LeadingAge members could be found liable for discrimination under the Fair Housing Act "regardless of whether there was an intent to discriminate."On April 4, 2016, HUD's Office of General Counsel (OGC) issued a 10-page memo outlining how the 3-step process would be applied to criminal history policies used by housing providers to determine whether their criminal screening history reviews sufficiently consider such factors as type of crime and length of time since conviction, and whether any discriminatory effect caused by the practice is justified

2016 Income Limits for HUD and Tax Credit Programs

Each year, HUDUser published Section 8 income limits for the various HUD multifamily programs, and for the tax credit programs as well. Details can be found on HUDUser.