NAHMA HUD Update: HUD Publishes HOTMA Proposed Rule: Implementation of Sections 102, 103, and 104

HUD Publishes HOTMA Proposed Rule: Implementation of Sections on Income Reviews, Limitation on Public Housing Tenancy for Over-Income Families, and Limitation on Eligibility for Assistance Based on Assets
The Housing Opportunity Through Modernization Act (HOTMA) of 2016: Implementation of Sections 102, 103, and 104, was published in the Federal Register for public comments. A summary of the proposed rule is provided below. NAHMA will work with our Regulatory Affairs Committee to formulate formal comments.  To assist in this effort, NAHMA requests that members review the proposed changes in the rule, specifically members should note the 22 questions being asked by HUD under each Section's “ Specific solicitation of comment”. These are often opportunities to help shape the final regulation, as HUD is directly seeking clarity from the industry. NAHMA requests all members provide feedback to NAHMA's Government Affairs staff, Larry or Juliana, by Friday, November 8.  

Sec. 102. Income reviews.
Sec. 103. Limitation on public housing tenancy for over-income families.
Sec. 104. Limitation on eligibility for assistance based on assets
The Housing Opportunity Through Modernization Act of 2016 (HOTMA) was enacted on July 29, 2016. This proposed rule would revise HUD regulations to put sections 102, 103, and 104 of HOTMA into effect. These sections make sweeping changes to the United States Housing Act of 1937, particularly those affecting income calculation and reviews. Section 102 changes requirements pertaining to income reviews for public housing and HUD's Section 8 programs. Section 103 modifies the continued occupancy standards of public housing residents whose income has grown above the threshold for initial eligibility. Section 104 sets maximum limits on the assets that families residing in public housing and Section 8 assisted housing may have. Additionally, section 104 provides that HUD must direct public housing agencies to require that all applicants for and recipients of assistance through HUD's public housing or Section 8 programs provide authorization for public housing agencies to obtain financial records needed for eligibility determinations. In addition to amending regulations for HUD's public housing and Section 8 programs, this proposed rule would change regulations of other HUD programs that, for consistency, adopted regulations of programs that are based on statutory provisions amended by sections 102 and 104. Therefore, this rule makes changes that affect HUD's HOME Investment Partnerships, Housing Trust Fund, and Housing Opportunities for Persons With AIDS programs, as well as HUD's public housing and Section 8 programs.
Larry Keys, Director of Government Affairs
National Affordable Housing Management Association
400 N. Columbus St., Suite 203, Alexandria, VA 22314
Phone 703-683-8630, ext.111 Email lkeys@nahma.orgWebsite
NAHMA is the leading voice for affordable housing management, advocating on behalf of multifamily
property managers and owners whose mission is to provide quality affordable housing.




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