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Published byJasper Baldwin Modified over 9 years ago
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FY 2014 Appropriations Act (Notice PIH 2014 -12) FY 2015 Appropriations Act Interim Rule published in the Federal Regulations, October 8, 2015 Notice PIH 2015 - 13
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80% of the FMR is the standard The utility allowance is deducted from the 80% figure 35% increase limit on rents Annual comparison to FMR required
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Allows the use of Small Area FMRs Allows the use of unadjusted Rents Allows for Exception Waivers Removes requirement for annual study Phase in of increases below 35% eliminated
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What are Small Area FMRs? FMRs for Metropolitan areas (MSA) that break down FMRs based on zip codes. Currently available as hypothetical SAFMR at http://www.huduser.gov/portal/datasets/fmr/ smallarea/index.html http://www.huduser.gov/portal/datasets/fmr/ smallarea/index.html
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Walker County, AL Hypothetical Small Area FMRs By Unit Bedrooms ZIP CodeEfficiency One- Bedroom Two- Bedroom Three- Bedroom Four- Bedroom ZIP/CBSA Ratio 35033$480$550$640$840$9600.783 35062$570$650$750$980$1,1300.922 35063$500$570$660$860$9900.802 35130$540$610$710$930$1,0700.872 35148$500$570$660$860$9900.813 35501$470$540$620$810$9300.756 35502$480$550$640$840$9600.783 35503$480$550$640$840$9600.787 35504$500$570$660$860$9900.805 35546$420$480$560$730$8400.649 35549$420$480$560$730$8400.622 35550$420$480$560$730$8400.674 35554$480$540$630$820$9500.774 35578$480$540$630$820$9500.768 35579$600$680$790$1,030$1,1900.970 35580$450$510$590$770$8900.726 35584$540$620$720$940$1,0800.877 35587$480$550$640$840$9600.783
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What are unadjusted rents? The FMR estimated directly from the American Community Survey (ACS) source data that HUD uses to calculate FMRs before HUD applies its state non-metropolitan minimum rent policy.
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What is HUD’s minimum rent policy? To set FMRs at the higher of the local FMR or the State-wide average FMR of non-metropolitan counties, subject to a ceiling rent cap. Note: The unadjusted rents have not been posted to HUD’s website yet
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What are exception waivers? A request from a PHA to establish flat rents at a level below the options above. Must be approved by the secretary, Annually Must be supported by a market analysis
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PHAs may request an exception flat rent by sending an e-mail to: flatrentexceptionrequests@HUD.GOV with the following information attached: flatrentexceptionrequests@HUD.GOV ▪ The address, including unit number(s) of the unit or property for which the PHA is seeking an exception flat rent; ▪ The market analysis; and ▪ The proposed flat rent schedule.
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Removes the requirement that PHAs perform an annual flat rent calculation using a rent reasonableness methodology as defined in 24 CFR Part 960.253(b) Removes PHA discretion to implement rent increases of less than 35% over a three year period.
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1. Compare current flat rent to 80% of new FMR/SAFMR/Unadjusted Rent a) If at least 80% - no further action required b) If less than 80% - Update flat rent 2. Update ACOP 3. Offer residents rent choice NOTE: The flat rent amount could be different for new admissions verses current residents
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If the rent increase for an existing family will increase by more than 35%, it must be phased in over multiple years If the increase is less than 35%, the full increase must be implemented in the current year
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If a PHA’s increase was 40% in 2014 and the PHA was phasing-in the increase over three years as below: Year 1 (2014) – 15% = $15.00 Year 2 (2015) – 15% = $15.00 Year 3 (2016) – 10% = $10.00 Assuming the flat rent does not change, what will be the rent increase in 2015?
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PHAs are reminded that they have the discretion, in accordance with federal law and regulations (24 CFR 960.261; FR-4824-F-02), to establish occupancy policies that include the eviction of public housing tenants who are above the income limits for eligibility to participate in public housing programs.
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When must increases in flat rents due to increased FMRs be made effective? When are new flat rents effective for existing residents already on the flat rent? Must a PHA review flat rents annually by conducting a rent study? What new option is available to MSA/non MSA PHAs? Can the flat rent exceed 80% of the FMR less the utility allowance?
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What is a market analysis methodology that demonstrates the value of the unit(s). Analysis must include: ▪ Location, quality, size, unit type, age of the unit, and ▪ Amenities, housing services, maintenance, and utilities the PHA will provide under the lease. Note: HUD requires that such determinations be performed in a documented, reasonable, and consistent manner
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