Section 2 – Inspection of Dwelling Units
• PHA authority to make repairs with withheld rents: (a) makes explicit that this is at the sole discretion of the PHA, (b) limits authority to only jurisdictions that permit tenants to withhold rent to make repairs, (c) clarifies that funds used for this purpose are eligible for renewal funding
Section 3 – Rent Reforms
• Eliminates 10% income disregard. Reduces child care threshold from 10% to 5%. Increases family deduction from $500 to $525. Reduces elderly/disabled deduction from $725 to $675 [although this is still substantially above current level of $400]
• Changes income change threshold for recertification from $1,200 to 10% of the family’s income
• Replaces authority to establish alternative rents to a HUD rent policy demonstration, testing options which include ceiling rents, income-tiered rents, and earned income disregards
• Reinstates imputed income, but only for families with assets above $50,000 (the cutoff level for self-certification of asset levels under Section 4)
Section 5 – Targeting Assistance to Low Income Families
• No substantive change. However, a definition of “extremely low income families” is added to the statute, which is identical to the definition used in the House reported bill for targeting changes
Section 6. Voucher Renewal Funding
• Overleasing. Eliminates authority for renewal funding for overleasing with up to 3% of a PHA’s reserves, instead allowing renewal funding for overleasing with reserves only if authorized by appropriations act or HUD. Explicitly states that renewal funding for overleasing with a PHA’s funding allocation is allowed, and that temporary overleasing is permitted, but not renewed
• Tenant Protection Vouchers. Eliminates provision requiring tenant replacement vouchers for all vacant units and for certain classes of vouchers. Instead, provides for prioritization of classes of tenant protection vouchers according to policies established by appropriations act or HUD
• Advances. Adds language making this subject to appropriation and prohibiting a PHA from getting an advance two years in a row without the approval of HUD
• Reallocation of Excess Funds. Requires that PHAs receive 100% of funding (ie., no proration) before any reallocation of funds to certain agencies could take place
Section 7 – Administrative Fees
• Prohibits HUD from establishing a new formula for administrative fees before completing a comprehensive study on the issue (with consultation with stakeholders) and a report to Congress
• Family Self Sufficiency. Updates the period for previously funded agencies from 1998 to 2009 to instead use the period from 2006 to 2010
Section 9 – Performance Assessments
• Adds language granting HUD authority for appropriate sanctions for poor performance
• Changes reference to policies that “result in deconcentration of poverty” to “reduction of concentration of poverty” and clarifies that this factor is limited to a PHA’s use of vouchers
Section 10 – PHA Project Based Assistance
• Reduces project-based property cap from 25% to 20%, and low poverty cap from 50% to 40%. The language waiving the cap for families receiving “supportive services” is replaced by “social services. . . as such standards are established by the Secretary”
• Increases maximum contract term from 15 to 20 years
• Clarifies that PHA authority to project based vouchers in its own units without competitive process does not change eligibility rules under which it can project base its own units
• Adds language modifying rent terms for renewal of project based vouchers
Section 12 – Establishment of Fair Market Rent
• Replaces detailed criteria on how small FMR areas should be set with a general statement that FMR areas should be “based on the smallest area practicable” to provide for fair FMRs
• 5% increase/decrease per year phase in is replaced with a 10% decrease cap and increase cap as determined by HUD (existing tenants still protected against rent increases from FMR changes)
Section 13 – Screening of Applicants
• Requires termination of assistance to households that include an individual that is a lifetime registered sex offender (consistent with the QWRHA prohibition on admissions)
• Eliminates provision replacing “reasonable period” with “five years” as the period after a criminal offense that a person can receive housing assistance – instead clarifying that such reasonable period shall take into account the “nature, extent, and severity” of the criminal activity
• Eliminates requirement that evidence be “documented” regarding drug and alcohol abuse, maintaining standards in the bill that it be “credible and objective”
Section 14 – Utility Data
• Adds a phrase that this requirement shall be “to the extent data can be collected cost effectively”
Section 16 – Access to HUD Programs for Persons with Limited English Proficiency
• 24 Hour Toll Free Line. Tightened language to clarify that purpose is to provide interpretation services. Authorizes HUD to charge a reasonable fee for such services, which may be included in project costs, and which may not be passed along to assisted families or applicants
• Funding Authorization. Authorizes $5 million a year for this section (primarily for toll free line). CBO estimates that this authorization, along with toll free line changes, will reduce the discretionary cost by around $75 million, compared to the House reported bill
• Savings Clause. Clarifies that this section does not modify the title VI Civil Rights Act, rules, regs, guidance, or orders of general applicability pursuant to such Act, nor any executive orders
• Other. Various other minor modifications to the House reported language
Section 17 – Allowable Transfers
• New Section requested by HUD – allows a PHA to transfer vouchers to another PHA, subject to procedures established by HUD and to the agreement of the receiving PHA
Section 18 – Veterans Affairs Supportive Housing Program
• New section requested by HUD - conforms statute to rules that have been established for recent incremental Veterans vouchers that have been funded the last few years
Section 19 – Provision of Information by State Agencies
• New section requested by HUD – requires state agencies to make available food stamp data to PHAs, for more accurate income calculations for assisted families, for rent calculation purposes
Sections from House Reported Bill that were Deleted
• Sec. 9 – PHA Reporting of Rent Payments to Credit Reporting Agencies
• Sec. 15 – Prohibition on Firearms Restrictions in Federally Assisted Housing
• Sect. 16 – Enhanced Vouchers
• Sec. 18 – Authorization of Appropriations
• Sec. 19 = Agency Authority for Utility Payments in Certain Circumstances
• Sec. 21 – Project Based Preservation Vouchers
• Sec. 22 – Effect of Foreclosure on Section 8 Tenancies
• Sec. 23 – Study to Identify Obstacles to Using Vouchers in Federally Assisted Housing Projects
• Sec. 24 – Interagency Council on Homelessness
• Sec. 25 – Study of Effects of Section 8 Programs on HUD Budget and Programs
• Sec. 26 – Housing Innovation Program
• Sec. 27 – Study of Use of Income Databases to Reduce Subsidy Errors
• Sec. 28 – Acceptable Identification Requirement
• Sec. 29 – Effective Date [Note: replaced by subsections in various sections]