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Description:COVID-19 Update 11/01/2020 COVID Waiver Request PH and HCV-1: PHA 5-Year and Annual Plan Submission Dates: Significant Amendment Requirements Statutory Authority: Section 5A(a)(1), Section 5A(b)(1), Section 5A(g), and Section 5A(h)(2) of the United States Housing Act of 1937 (hereafter “the USHA of 1937”) Regulatory Authority: 24 CFR §§ 903.5(a)(3), 903.5(b)(3), 903.13(c), 903.21, 903.23 Description: For …
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-- Menu Close COVID-19 Updates Home About AHA AHA Staff 5 Year and Annual Plan Policy Housing Locations Academy Lofts Administration Building Arbor Hill Homes Capital South Properties Capital Woods Creighton Storey Homes Eagle Court Apartment Ezra Prentice Homes Ida Yarbrough Homes Jared Holt Mews Lincoln Square Homes North Albany Homes Nutgrove Garden Apartments Ontario / Sherman Pieter Schuyler Court Robert Whalen Homes Steamboat Square Homes Townsend Park Homes Westview Homes Capital South Campus Center News Lincoln Square Relocation and Disposition Updates Ida Yarbrough / North Albany Updates Ida Yarbrough Redevelopment Laundromat Feedback Home Ownership Programs Apply for Housing Website Applicant List Update Form Pay Your Rent Online Disputes / Change or Loss of Income Unit/Rent Complaint Form Silent Witness Program Maintenance Frequently Asked Questions Collections Handicapped Accessibility Inspections Landlords Maintenance / Repairs Pets / Animals Purchasing Rent Rental Adjustments Security / Quality of Life Issues Transfers / Moving Vouchers Section 8 Landlord Access Rental Assistance Demonstration (RAD) Go Smoke Free! 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COVID-19 Update 11/01/2020 COVID Waiver Request PH and HCV-1: PHA 5-Year and Annual Plan Submission Dates: Significant Amendment Requirements Statutory Authority: Section 5A(a)(1), Section 5A(b)(1), Section 5A(g), and Section 5A(h)(2) of the United States Housing Act of 1937 (hereafter “the USHA of 1937”) Regulatory Authority: 24 CFR §§ 903.5(a)(3), 903.5(b)(3), 903.13(c), 903.21, 903.23 Description: For all PHAs, after submission of their first 5-Year Plan, all subsequent 5-Year Plans must be submitted once every five PHA fiscal years, no later than 75 days before the commencement of the PHA’s fiscal year. Non-qualified PHAs must also submit their Annual Plan no later than 75 days before the commencement of their fiscal year. Qualified PHAs are not required to submit an annual plan to HUD but are required to hold an annual hearing to discuss proposed plans for the upcoming fiscal year, and are required to submit an annual civil rights certification. Due to the potential postponement of public hearings due to limitations on large public gatherings, HUD is waiving these requirements, and providing alternative deadlines for some PHAs. Specifically, HUD is establishing an alternative requirement under which PHAs with 6/30/20 or 9/30/20 fiscal year-end (FYE) dates must submit their 5-Year (if due in 2020) and Annual Plans or civil rights certification for qualified PHAs no later than 10/18/20 (75 days before 1/1/21) and PHAs with 12/31/20 FYE dates must submit their 5-Year (if due in 2020) and annual plans no later than 1/16/21(75 days before 4/1/21). Please see the chart below: PHA FYE Revised Submission Requirement Revised Due Date 6/30/20 and 9/30/20 75 days before 1/1/21 10/18/20 12/31/20 75 days before 4/1/21 1/16/21 Unless HUD subsequently revises this waiver authority and alternative requirement, PHAs with FYE dates of 3/31 are not impacted by this waiver and are required to submit the 5-Year (if due in 2020) and Annual Plan no later than 75 days before the commencement of their fiscal years. In addition, the statute and regulations further provide that a significant amendment or modification to the Annual Plan may not be adopted until the PHA has duly called a meeting of its board of directors (or similar governing body) and the meeting, at which the amendment or modification is adopted, is open to the public, and that notification of the amendment or modification is provided to and approved by HUD. HUD is waiving these requirements and establishing an alternative requirement that any change to a PHA policy, except for changes related to Section 18, Section 22, or the Rental Assistance Demonstration (RAD), that would normally trigger significant amendment requirements of the PHA Plan, may be effectuated without completing the significant amendment process. PHAs are advised that the accessibility, language access, and other nondiscrimination requirements related to the significant amendment process are not waived. The PHA is required to notify public housing residents and HCV families of any impacts that the significant amendment may have on them by whatever means it considers most effective as soon as practicable. As noted earlier, HUD recognizes that the COVID-19 pandemic presents unique challenges from a staffing and communication perspective and encourages PHAs to adapt their communications in consideration of local conditions and resources. For example, a PHA may need to initially provide this notification by placing information on its website and as a voice-mail message and following up with more formal written notice as circumstances allow. All materials, notices, and communications must be clearly communicated and provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities consistent with Section 504 of the Rehabilitation Act (Section 504) and HUD’s Section 504 regulation, and Titles II or III of the Americans with Disabilities Act (ADA) and implementing regulations. All materials, notices, and communications must also be provided in a manner that takes reasonable steps to ensure equal access by those with limited English Proficiency. Period of Availability: The period of availability for the waiver of the significant amendment process ends on December 31, 2020. The period of availability for the 5-Year/Annual Plan submission varies depending on the end date of the PHA fiscal year. Please see the description section above. PH and HCV-2: Family Income and Composition: Delayed Annual Examinations Statutory Authority: Section 3(a)(1) of the USHA of 1937 Regulatory Authority: 24 CFR § 982.516(a)(1) – HCV Regulatory Authority: 24 CFR § 960.257(a) – Public Housing Description: PHAs are required to conduct a reexamination of family income and composition at least annually. Recognizing the foreseeable difficulties in complying with this requirement in light of the COVID-19 pandemic, HUD is waiving this statutory and regulatory requirement to permit PHAs to delay annual reexaminations of HCV and public housing families. However, if the PHA delays annual reexaminations for HCV families under this authority, it must also comply with the alternative requirement regarding the application of an increase in the payment standard amount during the Housing Assistance Payment (HAP) contract term (see HCV-7 below) if applicable, so as not to delay the application of the increased payment standard amount to the family’s HAP calculation. Period of Availability: All annual recertifications due in Calendar Year (CY) 2020 must be completed by December 31, 2020. PH and HCV-3: Family Income and Composition: Annual Examination; Income Verification Requirements Regulatory Authority: 24 CFR §5.233(a)(2) – HCV and Public Housing Regulatory Authority: 24 CFR §960.259(c) – Public Housing Regulatory Authority: 24 CFR §982.516(a) – HCV Sub-regulatory Guidance: PIH Notice 2018-18 Description: PHAs are required to use the Enterprise Income Verification (EIV) System for verification of family income at the annual examination. 24 CFR §960.259(c) and 24 CFR 982.516(a) require PHAs to obtain third-party verification, or document in the tenant file why third-...
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