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Although HUD's “One Strike” rule was announced in 1996 by the Clinton administration and took effect in its final form nearly a decade ago, it has been a controversial and confusing regulation.
The rule is intended to help sites screen applicants for drug abuse and other criminal activity. It also supports the effort to evict households because of drug abuse or other crimes. The rule spells out admission and screening requirements with the goal of identifying and ultimately keeping out “troublemaking households.”
The REAC Reverse Auction Program (RAP) published revised Guidelines for Scheduling REAC Inspections on Oct. 20, 2010, for inspections of multifamily and public housing sites that are awarded through the RAP. There are two exceptions: the Puerto Rico and New York Housing Authorities, which are governed by their own special protocols.
The Insider spoke with REAC Inspector Kay McIlmoil, who offered a summary of the guidelines along with some helpful suggestions to make the scheduling process go more smoothly for all parties involved.
Suppose a household member at your site has a baby or a relative who previously had not lived in the household moves in. Whatever the reason for the change in the household composition, you need to know about it. That's because HUD rules require that you know and take certain steps when you learn of such a change. For example, you may need to recalculate the household's income and rent, or possibly require the family to transfer to a larger unit at your site.
HUD Handbook 4350.3 says residents must report when:
HUD expects site owners and managers to build and maintain a good relationship with residents. To create what HUD calls “a suitable living environment,” the participation and cooperation of residents is essential.
Not only does a cooperative relationship make day-to-day life at sites more welcoming and safe, it also contributes to a more successful operation of the site overall. HUD views residents and resident organizations as valuable allies.
The Tenant Rental Assistance Certification System (TRACS) was designed by HUD to help improve financial controls over assisted housing programs by automating manual procedures and incorporating automated controls.
TRACS collects certified tenant data from owners and management agents via Form HUD-50059, Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures, and new Form 50059-A. The collected data undergo an editing process to ensure accuracy and compliance with eligibility rules.
HUD recently issued guidance designed to offer applicants for housing the opportunity to give supplemental information about individuals or organizations that could be of help in resolving any issues that might arise during their tenancy or provide any special care or needed services. Such individuals or organizations could be family members or friends, or any social, health, or advocacy group.
Owners and managers administering a multifamily housing project-based Section 8 program may not evict or terminate the assistance of individuals if the asserted grounds for such action involve instances of domestic violence, dating violence, or stalking.
These individuals are protected under the Violence Against Women Act and Department of Justice Reauthorization Act of 2005, commonly referred to as VAWA. On Oct. 1, 2009, HUD issued guidance (Notice H 09-15) on implementing VAWA in the following project-based Section 8 programs:
According to HUD regulations, owners and managers of assisted housing may not apply or enforce pet rules against individuals with animals that are used to assist persons with disabilities. HUD does not consider assistance animals or support animals to be pets.
HUD defines assistance animals broadly, as “animals that work, provide assistance, or perform tasks for the benefit of a person with a disability, or animals that provide emotional support that alleviates one or more identified symptoms or effects of a person's disability.”
On June 23, 2009, HUD issued Change 3 to Handbook 4350.3 REV-1, “Occupancy Requirements of Subsidized Multifamily Housing Programs.” The changes in the new version are not as extensive or significant as the ones HUD made in Change 2 in June 2007, but there are still some points you need to take note of to stay in compliance.
In late March, HUD announced that it was delaying the effective date of the Enterprise Income Verification System (EIV) and Social Security verification rules it issued in January (as discussed in last month's Insider). HUD has changed the effective date for the new EIV and Social Security disclosure requirements from March 30, 2009, to Sept. 30, 2009.
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