HUD Posts Notice on Changes to Admission and Occupancy Requirements

In the Public Inspection of the Federal Register, HUD recently posted a 30-Day Notice of Proposed Information Collection on changes to Admission and Occupancy Requirements for Public Housing. According to the notice, it implements changes to the admission and occupancy requirements for the Public Housing program made by the Quality Housing and Work Responsibility (QHWRA) Act of 1998 and the Housing Opportunity Through Modernization Act of 2016 (HOTMA). The changes include: (1) defining an “over-income family” as one having an annual income 120 percent above the median income for the area for two consecutive years; and (2) mandating new annual reporting requirements on the number of over-income families residing in Public Housing and the total number of families on the Public Housing waiting lists at the end of each reporting year.

The purpose of the admission and occupancy policy requirement is to ensure that PHAs have written documentation of their respective admission and occupancy policies for both the public and HUD. PHAs must have on hand and available for inspection policies related to admission and occupancy, to respond to inquiries from tenants, legal-aid services, HUD, and other interested parties informally or through the Freedom of Information Act. These policies must address eligibility for admission and continued occupancy, local preferences, income limitations, and rent determination.

HOTMA now requires PHAs to make a one-time update to their admission and occupancy policy to apply local over-income limits, and annually report on the number of over-incomes families living in their Public Housing units as well as the number of families on the Public Housing’s waiting list.

HOTMA included language limiting tenancy of over-income residents in public housing. HUD will use its calculation of very low income (VLI) to determine income limits. VLIs are preliminarily calculated as 50 percent of the estimated area median family income. If a family meets this threshold, PHAs have the option of either charging the higher of the fair market rent for the unit or the monthly subsidy (operating and capital fund), or terminating the tenancy within six months.

This notice is soliciting comments from members of the public and affected parties concerning the following:

• Whether the proposed collection of information is necessary for the proper performance of the agency’s functions, including whether the information will have practical utility;
• The accuracy of the agency's estimate of the burden of the proposed collection of information;
• Ways to enhance the quality, utility, and clarity of the information to be collected; and
• Ways to minimize the burden of information collection on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology such as permitting responses to be submitted electronically.

Comments on the proposed notice of information collection are due 30 days after publication in the Federal Register and should be sent to HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax:202-395-5806; email: OIRASubmission@omb.eop.gov.