COVID - 19

Weekly Federal Legislative and Policy Recap

Chris Widelo, Tue, Aug 11th, 2020 9:02:34 am
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Week of August 10, 2020

House Financial Services Committee, released a one-pager addressing frequently asked questions regarding the Trump Administration's Executive Order on housing, issued on August 8, 2020. Read the FAQ HERE.

Week of August 3, 2020

Dear Colleage Letter to Speaker Pelosi and Republican Leader McCarthy on COVID-19 Housing Priorities

Request from Congressperson DelBene and 102 other members of the House of Representativess to House Leadership asking for immediate consideration of provisions need for affordable housing as part of COVID-19 relief. Read the letter HERE.

Week of July 6, 2020

Housing Advocacy Group (HAG): Updates on H.R. 2, The Moving Forward Act

As Congress leaves for its July 4th recess, we wanted to update you on two very positive developments of critical importance to our industry. On July 1st, by a vote of 233-188, the House passed a $1.5 trillion broad-based infrastructure bill that includes a number of provisions enhancing and expanding the LIHTC. H.R. 2, the Moving Forward Act, also includes robust funding for key affordable housing programs. Read the full memo HERE.

Week of June 29, 2020

House Infrastructure Package Contains Chairwoman Waters' Housing Infrastructure Bill

The U.S. House of Representatives is considering the Moving Forward Act, an infrastructure package which includes the Housing Is Infrastructure Act, Chairwoman Waters' legislation to invest over $100 billion in affordable housing infrastructure to create or preserve approximately 1.8 million affordable homes. Read more about this legislation HERE.

American Continental Group (ACG): CARES 2 Provisions Matrix

Congress has already passed three different stimulus packages in response to the coronavirus pandemic and the House passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act last month. So, while the HEROES Act as it exists right now is destined to go nowhere, it's likely that a narrower stimulus package will eventually get through Congress and be signed into law by President Donald Trump. With the July 4th recess on the horizon, the GOP's vision for the next fiscal stimulus package continues to take shape. Here are various priorities that Republican lawmakers might include in the Senate version of the fifth stimulus bill in comparison to the House passed HEROES Act. View the matrix HERE.

HUD: Update for CPD Income Eligibility Calculator Users

On July 1, 2020, HUD will update the CPD Income Eligibility Calculator with the FY 2020 Income Limits. These new income limits will impact current and prior calculations in your income calculator dashboard. Current calculations in process and previously completed calculations based on 2019 income limits will update based on the new income limits for 2020. For more information or to access the calculator, go HERE.

Housing Advisory Group (HAG): Reps. Wyden and Cantwell Introduce the Emergecny Affordable Housing Act of 2020

On June 25, 2020, Senators Ron Wyden (D-OR) and Maria Cantwell (D-WA) introduced S. 4078, the Emergency Affordable Housing Act of 2020. Senators Ben Cardin (D-MD) and Michael Bennet (D-CO) joined as original cosponsors. The housing credit provisions in S. 4078 are nearly identical to the provisions included in H.R. 2, the Moving Forward Act. H.R. 2, the broad-based infrastructure package unveiled on June 22, is expected to be voted on by the House on July 2. Read a one-page summary HERE.

Week of June 22, 2020

Up for Growth in Action: Weekly Update

Recap from "The Rent Is Still Due: America's Renters, COVID-19, and an Unprecedented Eviction Crisis," hearing hosted by the House Financial Services Committee's Subcommittee on Housing, Community Development, and Insurance. Read the recap and view the testimony HERE.

Week of June 15, 2020

HUD: FY 2020 Income Limits for CDBG, HOME, HOPWA, HTF, and NSP and FY 2020 Rent Limits for HOME and HTF

HUD has published the Community Planning and Development (CPD) Income Limits for FY 2020 for the following programs:
• Brownfield Economic Development Initiative (BEDI)
• Community Development Block Grant Program (CDBG)
• CDBG Disaster Recovery Assistance (CDBG-DR)
• HOME Investment Partnerships Program (HOME)
• Housing Opportunities for Persons With AIDS (HOPWA)
• Housing Trust Fund (HTF)
• Neighborhood Stabilization Program (NSP)
• Section 108 Loan Guarantee Program
• Self-Help Homeownership Opportunity (SHOP)

Read the full announcement HERE.

Urban Institute: How much assistance is needed to support renters through the COVID-19 crisis?

Between $6 and $21 billion per month is needed to keep 8.9 million unemployed renters safely housed starting in August, depending on the goals of the rental support program, after Coronavirus Aid, Relief, and Economic Security (CARES) Act support expires and some states stop paying unemployment benefits. Read the full report HERE.

Week of June 8, 2020

HUD: HOME CARES Act Eviction Moratorium – Sample Letter to Owners and Sample Tenant Flyer Now Available

HUD's Office of Affordable Housing Programs (OAHP) has issued a sample letter to owners and sample tenant flyer that Participating Jurisdictions (PJs) can use to notify property owners and tenants about the temporary eviction moratorium established by Section 4024 of the CARES Act. The temporary eviction moratorium applies to covered dwelling units assisted by the HOME Program. View the announcemnt and links to the sample letters HERE.

HUD Announces $2.96 Billion in ESG-CV Awards

HUD announced the second allocation of ESG-CV funds totaling $2.96 Billion. Read the official press release. In accordance with the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136, HUD developed a new formula for these awards, accounting for variables that quantify the population currently experiencing and at risk of homelessness, including:

  • Total Homeless Population
  • Unsheltered Homeless Population
  • Total Very Low Income (VLI) Renters
  • VLI Renters that are Overcrowded or without a Kitchen or Plumbing

Read the full announcement and view allocations HERE.

Week of June 1, 2020

HUD: Register Today: Designing and Implementing an Emergency HOME TBRA Program Webinar – June 10, 2020 – 1:00 PM EDT

HUD's Office of Affordable Housing Programs (OAHP) is pleased to announce a webinar that guides the HOME Investment Partnerships Program (HOME) Participating Jurisdictions (PJs) through critical initial pre-planning steps involved in determining whether and how to implement a Tenant-Based Rental Assistance (TBRA) program using flexibility provided by statutory suspensions and regulatory waivers announced on April 10, 2020. While suspensions and waivers will help PJs accelerate program implementation, there are key issues PJs must consider when designing a local TBRA program to ensure it will be effective and compliant. More information and registration can be found HERE.

Nixon Peabody - Reopening housing: Business and property management issues

Housing providers will need to evaluate the policies they have adopted since the pandemic began and whether—and if appropriate, how—those policies should change going forward. Nixon Peabody questions that may arise as owners and property managers contemplate reopening. Read this article HERE.

Week of May 26, 2020

Senator Wyden Outlines Affordable Housing Priorities For Next COVID-19 Relief Package

Senate Finance Committee Ranking Member Ron Wyden, D-Ore., today outlined policies to preserve and expand affordable housing that he will push to include in the next COVID-19 relief bill. Read the press release HERE.

Housing Advocacy Group (HAG): 4% Tax Credit Fact Sheets by Congressional District

HAG has updated their ACTION Campaign 4% Housing Credit fact sheets. These state specific fact sheets include data on units produced, jobs created and additional units produced if the fixed rate were enacted. We encourage you to use these fact sheets as you ask your Senators to contact Leadership in support of including the fixed 4% LIHTC in the upcoming package. View the fact sheets HERE.

CDBG Program CARES Act Eviction Moratorium Q&As Now Available

On March 27, 2020, the president signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) into law. Section 4024 of that legislation imposes a temporary moratorium on evictions. This moratorium went into effect immediately upon the enactment of the CARES Act on March 27, 2020 and lasts for 120 days (through July 24, 2020). HUD has issued Q&As to provide guidance on how the temporary moratorium applies to certain dwelling units assisted by Community Development Block Grant (CDBG) loans (including Section 108 guaranteed loans), Neighborhood Stabilization Program (NSP) loans, and CDBG-Disaster Recovery (CDBG-DR) loans. Read the HUD Q&A HERE.

Waters Blasts Otting's Departing Act to Weaken CRA During COVID-19 Pandemic

Congresswoman Maxine Waters (D-CA), Chairwoman of the House Financial Services Committee, made the following statement in response to the Office of the Comptroller of the Currency's (OCC) issuance of a final rule weakening the implementation of the Community Reinvestment Act (CRA). Read the statement HERE.

Senate Finance Committee Ranking Member Wyden Outlines LIHTC Priorities for Next COVID-19 Relief Package

Senate Finance Committee Ranking Member Ron Wyden, D-Ore., today released an outline of policies to preserve and expand affordable housing that he will push to have included in the next round of COVID-19 relief legislation–including several provisions related to the low-income housing tax credit (LIHTC). Among the provisions listed as priorities for Wyden are to institute a minimum 4 percent LIHTC floor, provide an increase in 4 percent LIHTCs, expand the number of areas that can receive a 30 percent difficult development area basis boost and to suspend certain compliance deadlines for LIHTC construction affected by the COVID-19 pandemic. Wyden's proposal includes other priorities, including emergency assistance to help LIHTC tenants stay housed. Read policy outline HERE.

Week of May 11, 2020

The Affordable Housing Tax Credit Coalition: Summary of the House Democrats Release Phase 4 COVID-19 Relief Legislation

On Wednesday, House Democrats released their $3 trillion Phase 4 COVID-19 relief legislation, the Heroes Act (see the bill text and section-by-section summary). The timeline for the House to consider the legislation is currently set for Friday, but could be postponed, and the legislation is not expected to go far as is in the Republican-controlled Senate. It is unclear how Senate Majority Leader McConnell will move forward on negotiations at this point, as he has suggested his top priority for the next relief package is the controversial topic of business liability protection. That said, the Small Business Administration Payroll Protection Program is expected to run out of funding again soon and should keep negotiations moving forward, though negotiators may not come to resolution until sometime in June. Read AHTCC's full release and summary HERE.

Letter to Senator Chuck Schumer Urging Congress to Include Provisions in the Next Legislative Package to Address Barriers to Affordable Housing Development

Early next week, Congress will be considering a package of legislative solutions related to assisting people and businesses impacted by the COVID-19 crisis. One proposal would ensure affordable housing can continue to be developed in New York and across the nation is under consideration. We need to make sure two important provisions are included in the final legislative package:

  • A minimum 4 percent Housing Credit rate, which will make more developments financially feasible in light of the historically low rate - now down to 3.08 percent - which has fallen precipitously as the result of the cuts to the federal borrowing rate in response to the crisis, and
  • Flexibility within bond financing requirements to address the financing gaps and increased costs arising due to the pandemic and more fully utilize the 4 percent credit to increase affordable housing production.

Read the full letter HERE.

Week of May 4, 2020

Bills Would Authorize $100 Billion For An Emergency Rental Assistance Program To Help Renters Stay Housed During and After The Pandemic Lawmakers Call for Legislation To Be Included In The Next Coronavirus Relief Package

U.S. Sen. Sherrod Brown (D-OH) – ranking member of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, Congresswoman Maxine Waters (D-CA), Chairwoman of the House Committee on Financial Services, and Congressman Denny Heck (D-WA) today announced new legislation, the Emergency Rental Assistance and Rental Market Stabilization Act of 2020. The bill was introduced in the House and Brown will soon introduce a companion bill in the Senate. The bills would establish an Emergency Rental Assistance program to provide $100 billion in emergency rental assistance to help families and individuals pay their rent and remain housed during and after the Coronavirus (COVID-19) crisis. Stabilizing renters and the rental market through this crisis will help the economy recover from the economic aftershocks of the pandemic. Read the full press release HERE.

Urge Your Senators and Representatives to Cosponsor Bill to Provide $100 Billion in Emergency Rental Assistance

Representative Maxine Waters (D-CA), chair of the House Financial Services Committee, Representative Denny Heck (D-WA), and over seventy original cosponsors will soon introduce the "Emergency Rental Assistance and Rental Market Stabilization Act" to provide $100 billion in emergency rental assistance to help keep the lowest-income renters stably housed during the coronavirus pandemic. Join the next national call on coronavirus, housing and homelessness to learn more about the bill, or read the full article HERE.

Week of April 27, 2020

Housing Advisory Group (HAG): Congress Passed Another Emergency Package 

Congress has passed a fourth bipartisan emergency package to provide additional funding for health and economic needs associated with the COVID-19 crisis. Read the update HERE.

ACG Advocacy: Coronavirus Update, April 29th

President Trump said the administration's current guidelines on slowing the spread of COVID-19 will be "fading out" as more states begin to reopen. California joined growing number of states preparing to ease coronavirus restrictions. Governor Gavin Newsom said the state was "weeks, not months, away" from easing its stay-at-home order. Read the update HERE.

Letter to the House and the Senate

With the news of 10 million workers applying for unemployment benefits in the last two weeks of March the rental housing industry is fully expecting that many residents will be affected by furloughs or job loss, which will impact their ability to make ends meet and pay their rent each month. If residents cannot pay their full rent obligations, housing providers will be at risk of not meeting their financial obligations as well. Read the letter HERE.

Week of April 20, 2020

Housing Advisory Group (HAG): IRS Regulatory Relief Available During COVID-19 Pandemic

Earlier this month, Ways and Means Chairman Richard Neal (D-MA) and our lead AHCIA sponsor, Representative Suzan DelBene (D-WA) sent a letter to Treasury Secretary Steve Mnuchin encouraging him and the Internal Revenue Service to extend a number of LIHTC related regulatory deadlines during the COVID-19 pandemic. There have been some accommodations provided through the presidentially-declared disaster designations. A matrix prepared by NCSHA compares the accommodations requested in the letter to those allowed under existing IRS Revenue Procedures 2014-49 and 2014-50, which provide relief in instances of Presidentially-declared Major Disasters, and to recent IRS Notice 2020-23, which extends certain program deadlines until July 15, 2020. View the NCSHA matrix HERE.

Letter to House and Senate leadership requesting assistance for renters and rental property owners

Thirteen national associations representing for-profit and non-profit owners, developers, managers, lenders, housing cooperatives and housing agencies involved in the provision of affordable rental housing sent a letter last week to House and Senate leadership requesting Congress to include a number of provisions in the next stimilus bill (phase 4). Read the full letter HERE.

American Continental Group (ACG): Recap for the week of April 20th

Lawmakers have not reached an agreement on the interim relief bill as negotiations continue. The Senate is slated to convene tomorrow at 4 p.m. in hopes that a deal can pass the chamber. Meanwhile, governors are focused on accelerating testing capabilities in efforts to gradually reopen the economy. Read the full recap HERE.

Week of April 13, 2020

Housing Advisory Group (HAG): House LIHTC champions ask Congress to enact a minimum 4 percent Housing Credit rate in the next COVID-19 response package

Noting that the pandemic has caused significant disruptions in the affordable housing industry's ability to operate, build and preserve affordable housing, Reps. Suzanne DelBene (D-WA), Kenny Marchant (R-TX), Don Beyer (D-VA), and Jackie Walorski (R-IN) urged the House leadership to include a minimum 4 percent Housing Credit rate in the next COVID-19 response package. They also requested consideration be given to lowering the 50 percent test to allow more developments to fully use the 4 percent Housing Credit. Read the entire letter HERE.

HUD: Multifamily Housing COVID-19 Guidance from HUD

HUD's Federal Housing Administration (FHA) "Office of Multifamily Housing Programs" is responsible for the overall management, development, direction and administration of HUD's Multifamily Housing Programs. View a list of Questions and Answers for Office of Multifamily Housing Stakeholders HERE.

Nixon Peabody: New IRS rule on amended returns can affect LIHTC partnerships

Housing partnerships, the coronavirus and late-filed 8609s—what you need to know about claiming the LIHTC as soon as possible. Read the full Nixon Peabody briefing HERE.

Nixon Peabody: HUD issues CARES Act waivers for Public and Indian Housing programs, including Section 8 Project-Based Vouchers (PBVs)

HUD has issued new CARES Act waivers for HUD's Public and Indian Housing programs. These waivers provide alternative requirements for Housing Quality Standards (HQS) inspections of Section 8 Project-Based Voucher (PBV) units, resident income re-certifications, and other requirements. Read the entire Nixon Peabody briefing HERE.

Nixon Peabody: HUD issues mortgagee letters implementing new debt service reserve requirements and forbearance protocol during coronavirus (COVID-19)

Nixon Peabody discuss new debt service reserve requirements for Section 223(f) transactions and standard forbearance protocols for multifamily borrowers, lenders and servicers pursuant to the provisions of the CARES Act. Read their full analysis HERE.

HUD: CARES Act Flexibilities for CDBG Funds Used to Support Coronavirus Response

On April 9, 2020, CPD's Acting Assistant Secretary John Gibbs released a memorandum transmitting the guide "CARES Act Flexibilities for Community Development Block Grant (CDBG) Funds Used to Support Coronavirus Response." In addition to urging all States and localities not to wait to apply for their allocations, the memorandum grants a waiver for plan amendments with instructions on how a grantee may submit an amendment for allocated. View the full outline HERE.

HPD Community Planing and Development (CDP) Memo: Availability of Waivers and Suspensions of the HOME Program Requirements in Response to COVID-19 Pandemic

This memorandum provides guidance and the necessary statutory suspensions and regulatory waivers to enable HOME Participating Jurisdictions (PJs) affected by the COVID-19 pandemic to use HOME funds to address immediate housing needs and to help prevent spread of the virus. Read the full memo HERE.

HPD Community Planing and Development (CDP) Memo: Suspensions and Waivers to Facilitate Use of HOME-Assisted TBRA for Emergency and Short-term Assistance in Response to COVID-19 Pandemic

This memorandum provides guidance and the necessary statutory suspensions and regulatory waivers to enable HOME Participating Jurisdictions (PJs) affected by the COVID-19 pandemic to use HOME tenant-based rental assistance (TBRA) funds to facilitate urgent housing assistance to the communities and families experiencing financial hardship. Read the full memo HERE.

Week of April 6, 2020

Nixon Peabody's Visual Overview of Federal Stimilus Impact

Nixon Peabody has put together a one page, easy to read document, explaining the impact of the CARES Act on various rental assistance and affordable housing financing programs. View the slide HERE.

House Ways and Means Letter to US Treasury on Low Income Housing Tax Credit (LIHTC) Barriers

On April 10th, House Ways and Means Chairman, Richard Neal (D-MA) and Congresswoman Suzane DelBene (D-Washington) authored a letter to US Treasury Secretary Steven Mnuchin urging the Department of the Treasury and the Internal Revenue Service to use their disaster authority to provide relief related to the development of affordable rental housing. Their recomendations included requests that Treasury and the IRS take action to extend certain deadlines and remove barriers in the LIHTC program, including deadlines related to the 10% Test for carryover allocations, placed-in-service dates, and rehabilitation expenditures. Read the full letter HERE.

NYC Housing Development Corporation: COVID-19 Federal Emergency Stimulus #4 Requests

The New York City Development Corporation has outlited their requests to Congress and the President for the fourth federal stimilus bill. Congress is on recess through April 20th but they are expected to work on legislation to address funding programs and services that were not addressed in the most recent CARES Act. Read the full outline HERE.

National Low Income Housing Coalition(NLIHC) - HUD CPD Announces Initial CARES Act CDBG, ESG, and HOPWA Supplemental Formula Allocations

New York Housing Conference (NYHC) - Letter to HUD requesting an allocation of CARES Act fuding for New York's emergency housing needs

National Low Income Housing Coalition (NLIHC) - The Need for Emergency Rental Assisance During the COVID-19 and Economic Crisis

National Leased Housing Association (NLHA) - Letter to House Appropiations on the Need for Emergency Rental Assistance

Affordable Housing Developers Council (AHDC) - Comments on Community Reinvestment Act Regulations

NYSAFAH and CHISA - Comments on Community Reinvestment Act Regulations

Download 2020-4-10-wm-letter-to-treasury-lihtc.pdf
Download stimulus-4-city-final-(002)_001.pdf
Download nyhc-letter-to-ben-carson-4-10-2020.pdf
Download nlihc-research-emergency-rental-assistance.pdf
Download nlhaletteron4thcovidbilltohouse-final1.pdf
Download affordable-housing-developers-council-(ahdc).pdf
Download cisha_fdic_cra-impact-letter-april-7-2020.pdf
Download overview-of-stimulus-impacts_001.pdf
Download acg-coronavirus-update_-4-20-20.pdf
Download 04-07-20-final-real-estate-letter.pdf
Download acg-coronavirus-update_-4-29-20_001.pdf
Download 04-07-20-final-real-estate-letter-119-(002).pdf
Download ahtccalert_001.pdf
Download cares-2-provisions-_.pdf
Download delbene_walorski_lihtc_letter_final.pdf
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